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C-3909 - Subdrain Improvement Projects (Santiago Drive, Polaris Drive, Indian Spring Lane, and Spyglass Hills Road)
r • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 am on the 22nd day of April, 2009, at which time such bids shall be opened and read for SUBDRAIN IMPROVEMENT PROJECTS Title of Project Contract No. 3909 $359,000 Engineer's Estimate istepmeky .�. aaum Public Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Tom Sandefur Project Manager at(949)644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto7//www.city.newport-beach.ca.us CLICK: e- onlineservices l e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ......................................................... ... ................................ SP -1 2 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price; may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in i 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements- and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 4 gas a YJ- Contractor's License No. & Classification TAI c 4 L- -,)c5 tA� c Bidder Pl'esi� Authorized Signature/Title Lr- at -o9 Date • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SUBDRAIN IMPROVEMENT PROJECTS, Contract No. 3909 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this day of 2009. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 1. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO: 3909 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMT. BID NOT TO EXCEED $25,000.00 Dollar$ ($ 10% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the uhdersigned Principal for the construction of SUBDRAIN IMPROVEMENT PROJECTS, Contract No. 3909 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the. date . of the mailing ot"Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. Witness our hands this 21st day of APRIL , 2009. TALCAL ENGINEERING, INC. -�-(S I Name of Contractor (Principal) Authorize nature/Title WESTERN SURETY COMPANY Name of Surety Authorized Agent Signature 101 S. PHILLIPS SIOUX FALLS SD 57117 Address of Surety (800) 331 -6053 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 0 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On `I �a� before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and tide of thewicer) personally appeared SRM N BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameW is/are- subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/herkheir authorized capacity**, and that by hisAwrAheirsignatureJ4 on the instrument the person",, or the entity upon behalf of which the person(4 acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A�. Signature of of Watery Signature Te I'a��Y %,��-��� ' ' r • r ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofmached document) (Tide or description afatached document antinue Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tale) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(S) ❑ Other 2006 version CAPA vl2.10.07 800$73 -9865 www.Notmy0asses.ccm INSTRUCTIONS FOR COMPLETING THIS FORM Any acb1mvledgmem completed in CoUfamta must eatmM verbAW exactly w appears abate to the awary reedon a a sepamre admoeledgmem jolts mart be properly canpleted and mrachad to that dacmneat fie only eurpoon is #'a document is to be recorded onuide of Cahjomur In such h"tataer, any olterramm ackitmietgarem mrbiage w rary be "red on such a danmlem so long as the wrbtage does not require the noray to do someddng Ax Is t!legal for a notary in Cal{ramta (i.e. rx»g5dng 11m owhodmd rnpociry of the signer). Phan chock the diowvmt carefuflyfnr proper notarial mrordhg and each rhisform tfregrdrvd.. • State and County infomation most be the Sate and County where the dacmncnt signa(s) personally appeared hethre the May public for acknowledgment. • Date of numnuition must be the date that the aignent) personally appeared which most also be the some data the ackmwladgnent is completed • The notary public must prim his or her came as it appears within his or her commission followed by a comma and than year tick (may, public). • Print the name(s) of document signals) who personally appear at the time of noarizmion. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. h lshetdtey, is /me) ar circling the emeel fmaa. Failure to correctly adicak this infometion may lead to rejection ofducument recording. • The notary sal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re l if a sufficient area permits, otherwise complete a diffecot aclmowledgmem form • Signature of the nalary public must match the signature an ale with the office of the aunty elect:. J Additional information is not required but could help to awe this acknowledgment is not misused or machad to a diflaem document. P Indicate tide or type of attached doomem, number of pages and date. a Indicate the capaeity claimed by the signer. If the claimed capacity is a corporate officer, indiate the title (i.e. CEO, CFO, Secretary). • Securely attach dds document at the signed docmam *estern Surety Corepany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael D Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, Individually of Riverside, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2007. n WESTERN SURETY COMPANY 0 Paul V.Bruflm, Senior Vice President State of South Dakota County of ss Minuhahe On this 19th day of October, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires X444444444444444444444444 D. KRELL i November 30, 2012 '+ .�. SOOUTH DAKPUBLIC (R± r L UrN OTAS I44444444444444N444444s � D. Krell, NoWy Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is �still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day of a WESTERN SURETY COMPANY 6rIIL.L[.L/ Form F4280.09.06 L. Nelson, Assistant Secretary 0 Authorizing By -Law 0 ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 9 State of Calffomia County of 0�10 /V C�ELe --r .1 On Af�'IL 7- /�1�lld%kefareme,� "'aNi�OF/L `YifJGJLAI N'dfa4-/+�f �U64c/ Qete � I Nerve an�Calk:er personally appeared �! L V C-1 ii 7���_ rJmne( er S�urei(e) who proved to me on the basis of satisfactory evidence to be the persons) whose nrtrne(s) Ware subscribed to the within instrumart and acknowledged to me that he(sheRhey executed the same in hWheNtheir authorized capacily(ies), and that by hWheditir signature(s) on the instrument the parson(s), or the entity upon behalf of 6 + which the personls) acted, executed the instrument. COWAN GUM . 1 certify under PENALTY OF PERJURY under the laws tt � =m Qat2 of the State of Galffomia that the foregoing paragraph is Coach q Feb b. true and correct. WETN ESS my hhiear4 and p�offfoia_l_ seal. Plow NoWy Seel Abwo 'G' •ip """'� vg �m e1 now" PWO OPTIONAL Though the IMbonarien betowis A$ lrequlred by Taw, # may prove vatuaf a re I stsons ye on do devWnem and =ddprevent kaudulent removal and raader Wierd of rhia tom to another dom mOd Description of Attached Documerd Title or Type of Document: Document Date: P"T P4e /C 2- D--a 4 Nl,mber of Pages: _ Signer(s) Other Than Named Above: 3n Capaciiy(fes) Claimed by Signer(s) Signer's Name: AO/ �, y �y C-aHEN individual ❑ Corporate Officer — Tdla(s): Q Partner — ❑ Limited ❑ General ❑ Atiomey in Fact MlifflOSM ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'bp of nmab hie Signer's Name:- !] Individual ❑ Corporate Ofl icer — Ttle(s): Q partner — ❑ .imited ❑ General • Adomey in Fir et - • Trustee Top of thumb hate • Guardian or C onservator • Other: Signer Is Repret eating: Best's Rating Center - Corn 6y Information for Western Surety Vpany View, Ratings: Financial Strength Issuer Credit securities Advarmad- Search 7n5,._.,,.k Western Surety Company tattijga' ja rtnmMrercNAln9wtMC COrtp9eiEe) xweeirY.00974 nAICC 131M FRNM N01m9 >0 Address: P.O. Box W77 Phone: 605- 336 -0850 Sioux Falls. SD 57117 50 7 7 Fax: 605330 -7416 Web: vnnr.cnasurely.mm Best's Ratings Page 1 of 2 other Wee CSeere atlas mi ehlN th .wring ed galnv m poets tl k Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating. A (Excellent) Long -Term: a Affilmhon Cade. 9 (Group) OWooh: Stable Financial Size Category: %($500 Million to $750 Million) Action: Affirmed Outlook: Stable Date: December 16, 2008 Action: Affirmed Effective Date December 16, 2008 * Denotes Under Review Ratings. See rating definitions Reports and News Vise our NewsRoom (or the latest news ono press releases her rot company and its A.M Best Group. AMB Credit Repo " - Insurance Prptessll(UB @pridged) (Formerly known as Best's Company Report) Includes Bears Fin: a 1t� 2bons a along mm comprehensive analytical commentary, detailed buemess overvrew and key financial data. Repo" Revision Date: 1212212008 (represents the latest significant change). Historical Reports are available on AMB Cretin Repo" Insurance Professional (Unabridged) Archive. _ Best's Executive Summary Reports (Financial Overview) - available in three versions. these presen tation style Moons feature balances key Interval inmerearca lasts Including probunuhly, liquidity and reserve analysis. t Data Status: 2009 Sears Statement Fee - PIC. US. Contains data rgmpfed a$ of 4/2312009 (Quality Cross Checked). k Single Company -five years of financial data specificallyon this company F Comparison - side- byside financial anal yes of this company with a peer group of no to five other companies you select. F Composite - evaluate this company's hnanpals agamsl a peer group composite. Report displays both the average and total composite, group. S AMB Credit Repo" - Business Professional - provides three years IN key financial data preserved with colorful chans and tables Each m '° n latest Best's ftahngs, Rating Rationale antl an excerpt from our Business Rewew commentary. Data Status: Contains data compiled as of 4123/2009 (Quality Cross Checked). Best's Key Rating Gold. Presentation Report -Includes Best's Financial Strength Rating and financial data as providea in Best's Key Ra Data Status: 2007 Flnanoal Data (Quality Cross Checked). Financial and Analytical Products Bear's PungbylCa3gayy Center - Premium Data & Reports BesCsAily.Rating Guide:.PiC. USA Canada Bests Statement File - PIC, US Best's Statement Fee - Global Bests Insurance Reports - PIC, US 8 Canada Best's State une - PIC, US Basi's Insurance Expense Exhibit gEE) - PIC. US Bears Schedule F (Reinsurance) :PIC, US Best's Schedule D (Idimopal Bonds) - US Itlisrs Scholodulls D (COmmon.Stocts) - US Bent's Corporate Changes and Refinements - PIC, USICN Best's ScheidaltiP {LOSS RiefryoS) -PIC. US Bests Schedule QGcogiomle Bonds) - US Customer,-&w Product Suppgg I Member Center I S�0lacil Info I Careers About A.M. Best I Site Maw I Privacy Policy I security I Terms of Use I Wg_al 8 Llceluing Coppght ®2009 A.M. Best Company, Inc. All tight reserved. http: / /www3.a m best. co m /ratings/Fu II Profi le. asp ?B I =0 &AM BNum= 974&AItS rc =1... 04/23/2009 i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Z (NC— FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number 11ZVlN'c T-Etf`tq ce 1h P/-oy1 t vN —Is Project Description (F}n1Df C(4 IA)G J*167n T /17^/ Approximate Construction Dates: From AA,y To: T"L4 Agency Name A)LW paPT- %3.Q Contact Person AR roI16- 7-512 Telephone Vld 4_�32 Original Contract Amount $2u 00 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that helshe is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: ? (� COG 110C 4eK— - .e sWAI l Bidder Authori Signature/Tifle E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. i ( 'Nl L FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No, 1 Project Name /Number T iZy(ivt i �r -g CQ 1 A pl(3 U ke-N i S Project Description CRnIDS C(4 P 1NG r?� f T 1Ci^y Approximate Construction Dates: From AA/ .Z To: TL Agency Name A) W P DF I QA L/f Contact Person An /c 0,46- 7-5 V- Telephone fj t/,}� �:�� 3 32. E Original Contract Amount $ 4 d0 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 2 Project Name /Number IST F 'c T WYti Z! / Project Description C vA� o ' wo // f Approximate Construction Dates: From Ali- Y To: x :t, l y Agency Name /Q(V( H!d l- Cd41 y IC (0 811 COwl %'�/ Contact Person C)Ityd A?-'U /-"v Telephone ()q ySr� /a Original Contract Amount Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person T Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 S 0 0 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name _ Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims, No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 TALCAL ENGINEERING, INC. CSL# A- 925242 22641 VALERIO ST., WEST HILLS, CA 91307 OFFICE: (866) 506 -7147 FAX: (818) 888 -5871 TALCAL.INCOGMAIL.COM DATE: 3/26/09 RE: EXPERIENCE REFERENCES TO: CITY OF NEWPORT BEACH FAX No.: COMMENTS: FROM, AD] LEVY COHEN TOTAL PAGES: Please find below additional references for which Adi L. Cohen served as Project Manager for S.H.E. Construction, Inc.: David Shitrit (818) 345 -4197 18645 Sherman Way, Ste. 101, Reseda, CA 91335 1. City of Long Beach, CA - Dec., 2007 Rick Patynick, Inspector, cell ph. (562) 743 -4541 MLK, Jr. Ave. Streetscapes Project — Grading, paving, concrete median curb, landscaping & irrigation. Contract Amount: $730,300 2. City of Calabasas, CA - Mar., 2004 Chuck Mink (818) 224 -1600, s. 229 Las Virgenes Rd. Median Improvements - Grading, paving, concrete median curb, landscaping & irrigation. Contract Amount: $607,400 3. Long Beach Unified School Dist. CA- Dec., 2007 Nancy Chinillanas (562) 997 -7513 Signal Hill High School - Landscaping & irrigation, grading, paving & underground utilities. Contract Amount: $292,000 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N0 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. 7--Iq l CAI r` tie !.IJ C- p�es�J� cAll — Bidder Authorized Signature/Title Nmo71U� - oNdvi YtsfoN yftoD nl%QA SQJ 0e3 2911 l3 .maw9 Z 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of L • 4) IRUV G s Ffl A/ being first duly sworn, deposes and says that he or she is of 7ALea ;�^ ING , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the Oregoing is true and correct. Teglcol . L�,Nc- rNc . !U Bidder Authorized Signat re/Title Subscribed and sworn to (or affirmed) before me on this day of iLIL , 2009 by . _ A-0 0 d ,L FU Lf GO ki 6- or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public 17020 0 [SEAL] 0=01=681 Contra Cowity �,/ rib 26.2012 My Commission Expires: C� 26 , 2-012— 13 Bidders 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): 5• o^) C— S(4 PLC, %Y f rV Fk5lDE CA 951 — 3 YI 0 3�P z 41W B /1i/1 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 7-4 G'a ( &= n!C (n! C Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. -- - - - - - - - - - - - - - - - - - - - - - - - Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 3 7 r Total dollar Amount of Ol Contracts (in Thousands of $ No- of fatalities No. of lost © D O Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. -- - - - - - - - - - - - - - - - - - - - - - - - 0 0 �$Vl( C 4/-KQll Legal Business Name of Bidder j [t/ C(+/ C ^rG (.A r` Business Address: 2 26 1/ U7 10 S i U. W, FS C0 '0 ad 7 Business Tel. No.: X9(9— _9--o6 !y State Contractor's License No. and Classification: �] 90225- VZ Title p� <S /A E� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 ACKNOWLEDGEMENT OF ADDENDA Bidders name (d ca &-tjG Itj C— The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No, Date Received Signature 17 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: l / Name of individual Contractor, Company or Corporation: 7W/ CA/ 6*C4 e 6w,"y G /,V C Business Address: 264!/ U ,9 l,ek /0 S% V-f+�/S C!a P/30 Telephone and Fax Number: o1266 - S-O6 Wy 7 California State Contractor's License No. and Class: 4 92-S2y2 (REQUIRED AT TIME OF AWARD) Original Date Issued: 11-02 Expiration Date: /I- Z0/61 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: 7A rORe / The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone = AN Lty Y C- OReW PAeslec,✓i 6Y /LMlel - -10 C i W. k, 115 c ,4 h 3 o �? dW- P00"?1V 5 t%. PP c i/307 �Gd�soG 7/4'7 Corporation organized under the laws of the State of 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; fJA Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. N, Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /� Are any claims or actions unresolved or outstanding? Yes /9 ig 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. A'61 1"Y c J Id (Print name of Owner or President of Corporation /Company) Ta Bidder Authorized gnature/Title Title may-- u -6l Date On �i21L `1-r� y before me, /'c r�� *�vFrC. �bPA+J'jA , Notary Public, personally appeared AD( .L.FVN aXg-/✓ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by hislheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � weaurrocn cn�wu cammluW r t��t1lo Let Mplu (SEAL) Notary Public in and for said State My Commission Expires: r %d jZ 20 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 CONTRACT THIS AGREEMENT, entered into this Aay of May, 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and TALC ENGINEERING, INC., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: "The work necessary for the completion of this contract consists of removing and installing PVC perforated pipe in pervious backfill material or asphalt treated permeable base, grading existing ground, installing cleanouts and manholes, and restoring pavement." WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3909, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Forty-Eight Thousand, Six Hundred Ninety-Eight and 001100 Dollars ($248,698.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tom Sandefur (949)644-3312 Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91307 866- 506 -7147 818 -888 -5871 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. W 0 0 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 24 0 0 6, Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 25 0 0 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be 4j8 0 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CI A CITY CLERK V0YU APPROVED AS TO FORM: TAIL CAL ENGINEERING, INC. �._ By'. ynette . Be cl' (Corpora e fficer) Assistant City Atto Title: Print Name: d}�Z G. Co6fi,J ay: (Financial Officer) Title: C'— . Az:7 , O _ Print Name: AJZ b, Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS PREMIUM INCLUDED IN CONTRACT NO. 3909 PERFORMANCE BOND BOND NO.70722423 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to TAI. CAL ENGINEERING, INC., hereinafter designated as the "Principal," a contract for construction of SUBDRAIN IMPROVEMENT PROJECTS, Contract No. 3909 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3909 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, WESTERN SURETY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -Eight Thousand, Six Hundred Ninety -Eight and 001100 Dollars ($248,698.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Pnempioyment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surely, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14th day of MAY , 2009. TAL CAL ENGINEERING, INC. (Principal) s Authorized gnature/Title WESTERN SURETY COMPANY C Name of Surety Authorized Agent Signature 101 S. PHILLIPS SIOUX FALLS SD 57117 Address of Surety (800) 331 -6053 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 2511 09 before me, R. NAP11I "NOTARY PUBLIC" (Here insert name and tine of the officer) personally appeared AMU 211TWjVN who proved to me on the basis of satisfactory evidence to be the personA whose namcoY is/are- subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his/herkheir authorized capacity**, and that by his/havitheirsignatureJ4 on the instrument the personal, or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R NAPPI WITNESS sea. COMM. #1798918 S my hand and official l � NOTARY PUBl1C•CALIFtna11A en RIVERSIDE COUNTY My Comm. Expires June 7, 2012 silmomae of Notary Pubhc (Namry sell) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of ausched document (Tide or description of attached document comin ed) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Truatee(s) ❑ Other 200BVemion CAPAvl2 .10.07800.673.9865 www.NctaryClassis.cerm INSTRUCTIONS FOR COMPLETING THIS FORM Atry aclutmvkdgmem campleted in Cul#brnla marl tontaln verbtaW exactly os appears abore in dw notatary mcdan or a separate acknow/edgmera form must be properly completed and attached to dw danaent. The any exeepnon Is if a document is to he retarded amalde of Califamia. In such instances, airy akematme acknmvledgnteut rerblage as moT be printed on such a drurm ont so long at the verbiage does no require the many to do sonutldng dun is !!legal for a nonvy in Caf forma ff e. certifying dre authwt -ed capacity of dw sigu cr). Pkase check the daconent corefuflyforproper notartal wordingr and mtach tidsform ifmilarred. • State and Cowry information most be as Slate mid County where the document signers) personally appeared before are Mary public for acWwwledgment- • Date of notarization must be The date that the signals) personally appeared which most also be the same date the acknowledgmerit is completed. • The notatary, public roust print his or her came ou it appeals within his or her commission followed by a comma and then yam title ( notary public). • Rim the tunnels) of docturem signer(s) who personally appal at the time of ralarizatia. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shelihay,- is Im ) m circling the correct tarns. Failure to correctly indicate this information rally land to rejection of document recording. • The notary, seal impression must be clan and photographically reproducible. Impression most not cover tea or lines. if seal impression smudges, reseal if a sufficient area permits. otherwise complete a difracm arlmowledgmern Joint • signal= of the notary public must match the sigttorum on file with the office of the county clerk. 6 Additional information is not required but could help to ensure this acknowledgmem is rut misused or attached to a different document. • Indicate title or type of attached dne ncm, number of pules and dale. • Indicate the capacity claimed by the sigrrer. If the claimed capacity is a corporate officer, indicate are title (i.e. CEO, CFO, Secretary). • Securely slouch this document to the siped document i • ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE State of California 1 County of _(,"^-*-& a/�, C° P t r � Ji On before me, ?-A -r it iQl n�t L Date ereH Iraserl Name ana Tltle of ihe personally appeared A.t2r L, ✓ Name(s) of S9aer(s) 1 1.1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persorto whose name@) is/am subscribed to the within instrument and acknowledged to me that he/she /th%Lexecuted the same in tais/her/th" authorized capacity(ies), and that by lais/her/their signature(sO on the instrument the personM, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ��2�itn0 r �P e syoantre o7NO ryP Ic� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title -er Type of Document: RA_ Document Date: 105 1' 1p-� 9 Number of Pages: (�Z) -rL.\n_- Signer(%) Other Than Named Above: '0q 44firYa i= Capacity(les) Claimed by Signer(s) Signer's Name: 6L�1 L. L°IQF-ft= r✓ Signer's Name: ❑ Individual ❑ Individual ),I Corporate Officer — TitleCQ: - 7RO,4S 11 r ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Attorney in Fact WMENN • Trustee Top of thumb here ❑ Trustee Top of thumb here Cl Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 020117 National Notary Association, 9350 De Soto Am. P.O. Box 2402•Chaleworth,CA 91313,2402•ww,v.Na4onalNOfaryorg hem #5907 Rettrkr:Cal1700- Fee1,80"7 6,8827 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEYAN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael D Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, Individually of Riverside, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confined. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 19th day of October, 2007. �TMe WESTERN SURETY COMPANY �o�po��e 4 Pv N Paul . Bmflat, Senior Vice President State of South Dakota 1 County of Minnehaha 3 ss On this 19th day of October, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the as and deed of said corporation. My commission expires t•••••••+ +•••••••••• + +r.. + D. KRELL + November 30, 2012 aNBLIC; _O7ARY PU + SOUTH DAKOTA i D. Krell, No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation ,pr+inted on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this liltk day of mgq —,200. a WESTERN SURETY COMPANY C')f 0'!2 Form F4290 -09 -06 on, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 BOND NO. 70722423 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,461. 00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to TAL CAL ENGINEERING, INC., hereinafter designated as the "Principal ", a contract for construction of SUBDRAIN IMPROVEMENT PROJECTS, Contract No. 3909 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3909 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -Eight Thousand, Six Hundred Ninety -Eight and 001100 Dollars ($248,698.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. &N As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change. extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (t) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of MAY 2009. AtpJz L-, V TAL CAL ENGINEERING, INC. (Principal) Authorizedtignalureffitle WESTERN SURETY COMPANY Name of Surety Authorized Agent Signature 101 S. PHILLIPS SIOUX FALLS SD 57117 Address of Surety (800) 331 -6053 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Hem insen name and tide of the officer) personally appeared SRAW,4 BLMIE who proved to me on the basis of satisfactory evidence to be the personj;g) whose nameXisAmpe-subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in hisAwmkheir authorized capacityO*, and that by his/horkheit-signaturcj(4 on the instrument the personal, or the entity upon behalf of which the person(Al acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. NAPPI COMM. #1796916 NOT RIVERSIDECCOUNTY !0A w Signature of Notary Public (Naary goal) A1y Comm. Espves Jute 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached donanent) (fide or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Aaomey -in -Fact ❑ Trustee(s) ❑ Other 200g Version CAPAv12.10.07800. 8734865 www.NearyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any ackumvledgerem comphaed rn CaltOrata most canmto trerbtage exactly as oppean abates in the oarary section OF a shgramre aek houJeefgmenl Area mast be properly canpleud and attached to thar doeamem. The only exception is jr a documea is to be retarded owide ofC441byr la. In such tastaneez wit, ahemmitr aobmwkdgmem wrbkV as may he proved an such a documem so IM ar the trrblage does any require the naray to do —thing drat is Negal far a notary in Callfmma ft.e. cenijymg the arch -f-d capacity of tee signer). please check the donmhent mroi llyfa propernotarial wmslbtg and attach thisform (fngnired. • State and County information met be that State mid County whore the document signers) personally appeared belbre the notary public fur adanowledgmmn • Date of nuuriaatim must be the date that the signer(s) personalty appeared which must also be the same date the acknowledgment is completed. • The mussy public muss prim his or her more as it appears within his or her commission followed by a comma and than your tide (notary public). • Pant the ne ne(s) of docuracm signer(s) who personally appear at the tines of notariemion. • Indicate the correct singular or plural Isms by crossing off incorrect faints (Le. WshaAhoy' is Into) or circling the correct farms. Failure to correctly indicate this infomation may kad to rejection ofdocmaent recording. • The notary seal hnpression must be vim and photographically reproducible. larismsian must trot cover and or lines. trust b^Prsesivn smudges, rascal if a suaicient even permits, otherwise complete a diffacat acknowledgment form. • signature of the notary public mum match the signaa rc on file with the office of the county clerk. O Additional information is not required but could hdp to unsure this ackmwledgmant is not misused or annched to a diffemm ducument. • Indicate title or type of Watched docmncal, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tick (i.e. CEO, CFO, Secretary). • Securely amch Ibis docunent to the signed document 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LJ(Q S ^I) r 0 On a l 1. 9 beforeme, dale �F ere InseA NamE antl THE oft Olgcer personally appeared A,(i L 1-f Cj�) Names) al Signags) Place Notery Seal Above who proved to me on the basis of satisfactory evidence to be the person'$) whose named is/am subscribed to the within instrument and acknowledged to me that foe /sheAhey executed the same in #ris/her /thoir authorized capacity(iee), and that by his/herftak signature(,%on the instrument the person(, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'U a '�- � �n� y �- S mature of I vlary a� c OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: FA I Ft 4 (_ 4E. QPnQ C A g Document Date: �/q Number of Pages: Signer(A) Other Than Named Above: %:1HAZnl aL4M,— Capacity(ies) Claimed by Signer(s) Signer's Name: �i -) 1 L-, 0�atiet'/_ (71 Individual �p -'s X Corporate Officer — TitleN): t -Q i1� T ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): O Partner— ❑ Limited ❑ General _ _ _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓['vry -.vr:r <v : v[ -.v -v -r �. r.�i'yt ac ✓ti ✓rsr - ✓�-�r+i �c�,w .i m e2v 'y' <�o<'ei - ✓.✓ :✓.e• e� ;r[�u_ry w.c, 11 11 1. -• r .r •t :11: • a ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MVIDBIYYYY) 105107/2009 PRODUCER Great Insurance Services 665D Reseda Blvd Suite 108 Reseda CA 91335 818- 344 -3098 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED TALCAL ENGINEERING INC. 22641 VALERIO STREET WEST HILLS CA 91307 INSURER A: Navigators Insurance Company POLICY EFFECTIVE INSURERS: SUA Insurance Company LIMITS INSURERC: Amrican Insurance Group AIG INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIB. kOUL um TYPE OF INSURANQ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $50,000 A X COMMERCIALGENERALLIABILITY 04- 10069275 12108/2008 1210812009 CLAIMS MADE %E OCCUR 5,060 MED EXP An w n PERSONAL & ADV INJURY S1,000,000 GENERAL AGGREGATE $2,000,000 GENT AGGREGATELIMIT APPLIES PER PRODUCTS - COMPIOP AGG 2,000,000 POLICY X P - LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Fa accident) $ BODILY INJURY (Pere an) $ ALL OW NED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraadawl) $ HIRED AUTOS NONAWNED AUTOS PROPERTY DAMAGE (Per aaddent) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN PA ACC ANY AUTO AUTO ONLY: AGG C EXLESSIUMBRELLA LIABILITY X OCCUR CLAIMS MADE EBU25894594 02123/2009 02/2312010 EACH OCCURRENCE 1,000,000 AGGREGATE $1,000,000 X DEDUCTIBLE $ RETENTION $ 1,000 WORKERS COMPENSATION AND X I WC uTATU- I I OTH- B EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEIVFXECUTIVE WSATMECO0635801 12/15/2008 12/1512009 E.L. EACH ACCIDENT si, 000000 E.L. DISEASE - EA EMPLOYE 1000000 OFFICERIMEMBER EXCLUDED? "g, aesc%be YndeN EL. DISEASE - POUCY UMIT 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, 3300 NEWPORT BEACH, NEWPORT BEACH, CA92568 THE CITY ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS. The Insurance program of the City of Newport Beach shall be excess of this insurance and shall not contribute with it. It has been confirmed by the carrier that loss or liability of the named insured is not limited solely by their negligence. CERTIFICATE HOLDER CANCELLATION ACORD 26 (2001108) ® ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3300 NEWPORT BOULEVARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO BOX 1768 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR NEWPORT BEACH, CA 92658 -8915 REPRESENTATIVES. AUTHORRED REPRESENTATIVE <AR> ACORD 26 (2001108) ® ACORD CORPORATION 1988 THIS ENDORSEMENWHANGES THE POLICY. PLEASAAD IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 Policy Number: 04- 10069275 Endorsement Effective: 5/8/2009 Named Insured Countersigned By: TAL ENGINEERING INC Alad� DBACAL Name of Person or Organization: CITY OF NEWPORT BEACH, THE CITY ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BEACH NEWPORT BEACH CA 92568 Location: POLARIS DRIVE BETWEEN NORTHSTAR LANE AND GALAXY DRIVE, SANTIAGO DRIVE AT NOTTINGHAM ROAD, INDIAN SPRINGS LANE AND IRVINE AVE., AND SPYGLASS HILLS ROAD AT HILLSBOROUGH DRIVE, NEWPORT BEACH, CA. WHO IS AN INSURED (Section II) Is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional Insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional Insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown In the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF -ES 160 (5/2006) Mi a A6 a CERTIFICATE OF LIABILITY INSURANCE DATEIMMR>�YYYY' 05/08/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION JASON H SLIWOSKI, AGENT STATE FARM INSURANCE 620 LINDERO CANYON RD ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICYEXPIRATION DATE fMNVDDfM LIMITS OAK PARK,CA 91377 (818 -707 -2305) GENERAL I _ INSURERS AFFORDING COVERAGE INSURERA State Farm General Insurance Company 25151 NAIC 4 INSURED 25151 TAL CAL ENGINEERING, INC. 22641 VALERIO STREET iNSURFi B: State Earn Mutual Auto Insurance Company 25178 - 25118 INSIIRERC WEST HILLS, CA 91307 INSURER D. INSURER E S 0 GENLAGGREGAMUNITAPPIESFER PRO - POLICY JECT RLOC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL DIM TYPEOFINSURANCE POUCYNUMSER POLICY EF ECiWE DATE 0WDD/YY POLICYEXPIRATION DATE fMNVDDfM LIMITS GENERAL LIABILITY COATAERCIAL GENERAL LIABILITY CLAIMS MADE R OCCUR EACHOCCURRENCE $ 0 RP PREMISES E occyrmnca $ NED EXP rAfIV me elafYl PERSONAL SADV INJURY $ 0 GENERALAGGREGATE S 0 GENLAGGREGAMUNITAPPIESFER PRO - POLICY JECT RLOC PRODUCTS. COMPAIPAGG S 0 X AUTOMOBRELIABILDY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIREDAUTOS NON -ONMED AUTOS 258- 9195- E07 -75 05/07/09 11/07/09 COMBINED SINGLE LIMB (Ea aodtleml $ 1,000,000 BODILY INJURY (Per Parsa,) E 0 BODILY INJURY (PBi acdami) E 0 PROPERTY DAMAGE (Per emAanD $ 0 GARAGE LIABILITY ANY AUTO AUTO ONLY - EAACCIDENT S OTHER THAN EA ACC AUTO ONLY. AGG S $ EXGEBBIUMBRELLA i LIABILITY OCCUR �CLAIMSMADE DEDDGTIBLE RETENTK)N S EACHOCCURRENCE 3 AGGREGATE S $ $ VfORKERS COMPENSATH)N AND EMPLOYERSLIABILITY MY PROPRIETORIPARTNER(EXECUTIVE OFFICERI IRF.R EXCLUDED? If yEC a wrier SPECIAL AL PROVISIONS below WC STATI TORY LIMITS ER EL EACH ACCtOENT S 0 EL DISEASE - EA EMPLOYEE $ 0 EL DISEASE - POLICY LIMIT $ 0 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS GLK I IHt;A 1 t HULUMK l.Arvl,uLA 11vry ADDITIONAL INSURED: CITY OF NEWPORT BEACH,PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD, NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION ATTENTION: TOM SANDEFUR (949 -644 -3312) OATS THEREOF, Tire ISSUING INSURER WILL ENDEAVOR TO MAIL yTQ DAYS WRITTEN ACORD 26 2DO1108) The registration notices indicate ownership of th 1326dA 03- {3 -2DD7 IMPOSE OSUI iA NOR LULBILITY OF ANY KING UPON THE WS{I r J. Sliwoski 75 -1327 RRE71 p :;ntura County AF4 F780 AUTRpAREO RFC ATNE OFFICE MA�7 R ACORO 25 (2001106) FROM • (THU)MAY 14 2008 ALT, 8:28/No.7500000818 P 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In Ote Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Schedule. The additional pramium for this endorsement shall be $250 or 3°% of the California Workers' Compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 82558 -8915 Reason for Request: Contractor Requirement SCHEDULE Job Description Subdraln improvements - Contract #3909 Drain pipelines that will be under ground Class Code: 0042 Payroll for Job: $48,000 Date of Job; 05 -12 -2009 Length of Job: 2 months This endorsement Changes the policy to wNCh it is attached and is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparaffon of the PoHcp.) Policy Number: WSATMEC 006358 01 Insured: Tel Cal Engineering, Inc. Endorsement Effective: 12/1512008 Coverage Provided by SUA Insurance Company Issue Date: 05111!2009 Countersigned by: WC 04 os of (Ed. 4-54) efeae by the Wefkera• Compensation Insurance Rating Bureau of California. All rlghla reserved. From the WCIRB's California Workers' Compensation Insurance Forma Manuel e2001. Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/31/2009 Date Completed: 4/1/2009 Dept. /Contact Received From: Sent to: Shari Rooks Company /Person required to have certificate: I. GENERAL LIABILITY A. B. C. 9 Shari Rooks By: Jennifer Talcal Engineering, Inc. INSURANCE COMPANY: Navigators Insurance Company AM BEST RATING (A: VII or greater): A; X ADMITTED Company (Must be California Admitted): Is Company admitted in California? LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION] (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Lornmem $1 MM/$2MM F6 ►� - E 06 - ■ ❑ Yes ® No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Not Provided B. AM BEST RATING (A: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. • III. WORKERS' COMPENSATION A. B. C. D. INSURANCE COMPANY: SUA Insurance Company AM BEST RATING (A: VII or greater): B +; Vlt F-1 LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No ❑ Yes ® No GL — Please confirm that the Navigators Insurance Company being used is their Admitted Paper. Navigators has both Admitted and Non - Admitted carriers. GL — I am not sure why they provided the Additional Insured Permit Endorsement. This is not what we are looking for. GL — The Additional Insured Endorsement ANF -ES043 provides "ongoing" operations only. Our checklist requires completed operations. In order to obtain completed operations we must have the CG2010 11/85 or it's equivalent. The endorsment ANF -ES 162 (07/05) further clarifies it is not this insurance carrier's intent to provide completed operations status. The City may need to make a business decision if you want to accept this additional insured status, in the event the carrier cannot provide what we originally requested. GL — Not sure why they provided the Independent Contractors Endorsement. This is an endorsement stating Talcal is required to make sure all of the subcontractors they hire maintain a minimum of $ 1 M in General Liability Coverage. Auto — No Coverage was Provided WC — Carrier is B+ Rated, we require an A Rated carrier That is great they have ordered the Waiver of Subrogation, but ask them to provide you with a sample of what we will IF NO, WHICH ITEMS NEED TO BE COMPLETED? receive. 4/7/2009 — re- review of the Certificate and endorsements. GL - They did not provide revised additional insured endorsement for completedloperations — per my notes referenced above. This is still not acceptable. 4/17/2009 — revised GL Endorsement #ANF -ES 160 5/2006 complies with the Completed Operations requirement. Fax #: • 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1 3/31/2009 Dept. /Contact Received From: Shari Rooks Date Completed: 411/2009 Sent to: Shari Rooks By: Jennifer King Company /Person required to have certificate: Talcal Engineering, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Insurance Company A. B. AM BEST RATING (A: VII or greater): A; X B. C. ADMITTED Company (Must be California Admitted): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $iMIvV$2MM E. PRODUCTS AND COMPLETED OPERATIONS (Must What is limits provided? $1,000,000 include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The officers, officials, employees and volunteers): Is it included? ❑ Yes City its officers, officials, employees and volunteers): Is it F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Is it included? N/A ❑ Yes included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named notification of cancellation by certified mail; per Lauren Farley, the City will accept the insured is not limited solely by their negligence) Does endeavor wording. endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: State Fann Mutual Automobile B. AM BEST RATING (A: VII or greater) A + +:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: SUA Insurance Company B. AM BEST RATING (A: VII or greater): B +; Vll C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ❑ Yes ® No GL — Please confirm that the Navigators Insurance Company being used is their Admitted Paper. Navigators has both Admitted and Non - Admitted carriers. GL — I am not sure why they provided the Additional Insured Permit Endorsement. This is not what we are looking for. GL — The Additional Insured Endorsement ANF -ES043 provides "ongoing" operations only. Our checklist requires completed operations. In order to obtain completed operations we must have the CG2010 11/85 or it's equivalent. The endorsment ANF -ES 162 (07/05) further clarifies it is not this insurance carrier's intent to provide completed operations status. The City may need to make a business decision if you want to accept this additional insured status, in the event the carrier cannot provide what we originally requested. GL — Not sure why they provided the Independent Contractors Endorsement. This is an endorsement stating Talcal is required to make sure all of the subcontractors they hire maintain a minimum of $1 MM in General Liability Coverage. 417/2009 — re- review of the Certificate and endorsements. Auto — No Coverage was Provided WC — Carrier is B+ Rated, we require an A Rated carrier That is great they have ordered the Waiver of Subrogation, but ask them to provide you with a sample of what we will receive. GL - They did not provide revised additional insured endorsement for completed /operations — per my notes referenced above. This is still not acceptable. !G _ tt! kot t1 tmrr is goeug it! =bare to be sighed qj,(,qEky.-,L 4urOji Ep)pleg 4/17/2009 — revised GL Endorsement #ANF -ES 160 5/2006 complies with the Completed Operations requirement. Sm �µ iTO Check a License or Home I16rovement Salesperson (HIS) Regi6tion - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Lli { hoard Contractor's License Detail - License # 925242 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. %> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. %> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 925242 Extract Date: 04/23/2009 -.- ......._ ...... ..................._... ...._e..._ ..... _.___....__..___..._...._.__... .. .,....._..,.e....._.�....._... TAIL CAL ENGINEERING INC Business Information: 22641 VALERIO STREET WEST HILLS, CA 91307 Business Phone Number: (866) 596 -fi12T Entity: Corporation Issue Date: 11/24/2008 Expire Date: 11/30/2010 License Status: Classifications: Bonding: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 100053865 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0910412008 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) AZUKA EMMANUEL EGUN certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/24/2008 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation: Effective Date: 05/0112008 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. https:llwww2.csl b.ca. gov /Onl i neServices /CheckLicense /LicenseDetail .asp ?LicN... 04/23/2009 California Business Search • Page 1 of 1 DISCLAIMER: The information displayed here is current as of APR 17, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation TAL CAL ENGINEERING, INC. Number: C3038473 Date Filed: 4/8!2008 MM ,11 pa Jurisdiction: California Address 22641 VALERIO ST St�f,tC..�DEER313OWEN ". DISCLAIMER: The information displayed here is current as of APR 17, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation TAL CAL ENGINEERING, INC. Number: C3038473 Date Filed: 4/8!2008 Status: active Jurisdiction: California Address 22641 VALERIO ST WEST HILLS, CA 91607 Agent for Service of Process ADI LEVY COHEN 22641 VALERIO ST 11WEST HILLS, CA 91607 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: / /kepler. ss. ca. gov /corpdata /S howAi I List ?QueryCorpNumber= C3038473 &pri... 04/23/2009 Encompass Detail Acct. Type: Business Tax License #: BT30027231 Bus. ID: 0056991 Name: TALCAL ENGINEERING INC Q Owner Name: COHEN, ADI LEVY Owner C Type: Exp. Date: 313112010 S Addy: 22641 VALERIO ST S Addy 2: a oyrt17 cc.5 Addr3: -VALE 1M CA Zip: im S -71;70 7 B Addr9:22641 VALERIO ST B Addr2: k Syr # /CGS B Addt3: VA±f+iG4A, CA B Zip: 91t513 `P1307 Phone: 866 - 506 -7147 FEIN: 5331 SEIN: 3038473 Established: 3/19/2009 SIC: 1611 - HIGHWAY & STREET CONSTRUCTION Owner #: 0056991 # of Emps: 0 usrt: 422050 usr2: usr3: usr4: usr5: usr6:216008000 usr7: • r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3909 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Final Redline As Built Plans @S(x 1(4AA*11-&' Dollars and 0 Cents $ �� Per Lump Sum 2. Lump Sum Mobilization l f!o ft S i4.dr, @7'wReJ7 -Y lCtV t- Dollars and Cents Per Lump Sum 3. Lump Sum Traffic Control @T lE/ RL T O��ollars and Cents ep co a Per Lump Sum • E F9.9WIM. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Restoration of Landscaping 4,db Two @ Fe* '1'kobe"Q o Dollars nd Cents Per Lump Sum POLARIS DRIVE SUBDRAIN 5. 1,075 L.F. Remove and Construct P.C.C. Type A Curb and Gutter $ @ I (YQi V TWO Dollars and Cents $ 3 Z- $ 3�,ked Per Linear Foot 6. 3 Each Install Manhole @5 /)e F'i OU54 9 Dollars and Cents $ Per Each 7. 240 C.Y. Pervious Backfill Material @7weeir% (ClU2 Dollars and / mD 0 Cents $ Per Cubic Yard 8. 1,055 L.F. 6 -Inch Perforated PVC, SDR 35 Subdrain Pipe @TW A'Yi F+ye Dollars and Cents $ as $ �s Per Linear Foot PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 20 L.F. 6 -Inch PVC, SDR 35, Subdrain Pipe @ Tw2� % t/ Dollars and Cents $ 2 o $ qo 0 Per Linear Foot 10. 1,100 S.F. Furnish and Install Filter Fabric @ 0 Me Dollars and Cents $ / $ /100 Per Square Foot 11. Lump Sum Connect to Existing Storm Drain Catch Basin / K4,J�hod f'rv2 @Twd TNOlrtad9 8AO'O Dollars and Z S� Cents $ Per Lump Sum SANTIAGO DRIVE SUBDRAIN 12. 3 Each Remove and Replace Terminal Cleanouts @hli (N(wa%r�r Ff Dollars and Per Each $ s0 $ al faro 13. 2 Each Install Manhole @ s /X % l(t*s4L'jb Dollars and Cents $ 4000 $ [2 40 ° Per Each 0 0 ..,. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 2 Each Remove and Replace Curb Access Ramps @ fiK1'et T H64_,RAy-�' Dollars and Cents $ 3 Sa o Per Each 15. 231 C.Y. Pervious Backfill Material @ iw� ✓%y /7 dQ Dollars and Cents Per Cubic Yard 16. 900 L.F. 6 -Inch Perforated PVC, SDR 35 Subdrain Pipe @?'W -fNrY PVC Dollars and Cents Per Linear Foot 17. 9,900 S.F. Furnish and Install Filter Fabric @ Dollars and Cents Per Square Foot 18, Lump Sum Remove Existing P.C.C. Cross Gutter and Construct 8 -Inch Cross Gutter @ hike. 7*014 PND Dollars and Cents Per Lump Sum $ zs $ zr $ 7mmo $ s >7s $ Aso 0 $ Af ° 0 • • FIR 5of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 50 L.F. Remove and Replace Interfering Curb @ TkI P- Y Dollars and Cents Per Linear Foot $ 3n $ 1SCo 0 20. Lump Sum Connect to Existing Storm Drain Catch Basin @'j-wd rkdt(5AW0 Dollars and Cents $ 2 rco ° Per Lump Sum `LIQT_.1 q 161;1:1L Lela W_lil:&*11=37;7_l1Z 21. 50 C.Y. Pervious Backfill Material Dollars and Cents $ 25- $ 25-0 Per Cubic Yard 22. 165 L.F. 6 -Inch Perforated PVC, SDR 35 Subdrain Pipe @ 7_k),tN7Y 1CILIC Dollars and Cents $ a Jc_ $ Per Linear Foot 23. 4 Each Remove and Replace Curb Access Ramps @7 -R1wRt Ty0kSRW_*Dollars and Cents $ 3�9 0 $ 1q7 d V Per Each 40 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 2,000 S.F 25. 532 S.F 26. 27 180 180 S.F 1 Each Furnish and Install Filter Fabric @ 0 Dollars and Per Square Foot Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ 5t,e- Dollars and Cents Per Square Foot Remove and Construct P.C.C. Driveway Approach @ F(FrC ed Dollars and Cents Per Square Foot Furnish and Install Subdrain Terminal Cleanouts @%Jkt_ Pplzi Dollars and Cents Per Each Lump Sum Connect to Existing Storm Drain Catch Basin J tj Flue. �IW""r' @Tt id T9040ft'� Dollars and Cents Per Lump Sum $ 20 ®O $ $ 7z/32 $ Is- $ a7oo $ ry O • • PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE SPYGLASS HILL ROAD SUBDRAIN 29. 52 C.Y. Construct 11 -Inch Asphalt Treated Permeable Base Material @ s fur.v� -J' F��� Dollars and 7n Cents $ 79, Per Cubic Yard 30. 734 S.F. 6 -Inch Thick Asphalt Pavement Overlay f'w�r/V� @ Dollars and Cents $ 1 Z $ "800 Per Square Foot 31. 223 L.F. 6 -Inch Perforated PVC, SDR 35 Subdrain Pipe @ rWtP-J?-y AV f— Dollars and Cents $ 2 S $ SS -P ` Per Linear Foot 32. 10 L.F. 6 -Inch PVC, SDR 35, Subdrain Pipe @ 7-L4-*PNj-/ PVfollars and . Cents $ Per Linear Foot 33. 2,400 S.F. Furnish and Install Filter Fabric @ Ql� Dollars and Cents $ _Z $ Per Square Foot E ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. Lump Sum Connect to Existing Storm Drain Catch Basin @ ZWr %Kok " /"S Dollars and Cents Per Lump Sum Cents $ Per Linear Foot $ al, rCD 0 M TOTAL PRICE IN WRITTEN WORDS / T v k u,PA-ei F0! -ii eflHl Six #4,� I Ak %` C�ki Dollars. and Cents $ G 9� Total Price (Figures) V-2/ -09 ?-"4.! (,-4 / /W C Date Bidder jp66 Sob 7/y7 ste -$ss3- cA` Pies /dr�.✓i Bidder's Telephone and Fax Numbers Bidder's Author ede and Title ,9 9zS2! YZ Zz,.6 V/ .//, Bidder's License No(s). Bidder's Address P/3 d 7 and Classification(s) Bidder's email address: ( /c) G/ttA//- c- f: werslpbwlsharedlcontractslfy OM91subdrain improvement c- 39091proposal c- 3909.doc 0 0 1 1 1 1 F% 2 2 2 2 2 2 2 3 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 F% 2 2 2 2 2 2 2 3 3 3 3 3 3 3 0 0 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 14 200 -3 ASPHALT TREATED PERMEABLE BASE 14 200 -3.1 General 14 0 0 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 201.1.1.2 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 15 201 -2.2.1 Reinforcing Steel 15 201 -7 NON - MASONRY GROUT 15 201 -7.2 Quick Setting Grout 15 SECTION 207 PIPE 15 207 -17 PLASTIC PIPE 15 207 -17.7 Perforated Pipe 15 SECTION 213 ENGINEERING FABRICS 15 213 -4 FILTER FABRIC 15 213 -4.1 General 15 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 16 300 -1 CLEARING AND GRUBBING 16 300 -1.3 Removal and Disposal of Materials 16 300 -1.3.1 General 16 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 17 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 17 303 -5.1.1 General 17 303 -5.5 Finishing 17 303 -5.5.1 General 17 303 -5.5.2 Curb 17 303 -5.5.4 Gutter 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308 -1 GENERAL 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO. 3909 INTRODUCTION SP 1 OF 17 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5354 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing and installing PVC perforated pipe in pervious backfill material or asphalt treated permeable base, grading existing ground, installing cleanouts and manholes, and restoring pavement." 2.9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 0 0 SP2OF17 SECTION 3 - -- CHANGES IN WORK (tam W14 I ZT-1111101 N.1 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 0 SECTION 5--- UTILITIES 0 SIP 3OF17 5 -1 LOCATION. Add the following after the P paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, regulator and valve vaults, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 0 0 SP40F17 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monda� is a holiday. If January 1St July 4tH November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. SP5OF17 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The order of construction shall be (1) Polaris Drive Subdrain; (2) Santiago Drive Subdrain; (3) Indian Spring Subdrain; (4) Spyglass Hills Road Subdrain. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." SP6OF17 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." SP7OF17 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. SP8OF17 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A SP9OF17 separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built' drawings. It shall be the contractors responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built' Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Final Redline As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, SP 10 OF 17 equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Restoration of Landscaping: Work under this item shall include, as determined necessary by the Engineer, removal of USA markings, repair, restoration, or reconstruction of all landscaping disturbed or damaged by the work. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, and all other work items as required to complete the work in place. POLARIS DRIVE SUBDRAIN Item No. 5 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, 1 -foot AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 24 inches. Item No. 6 Install Manhole: Work under this item shall include furnishing, installing and connecting a concrete manhole per CNB Standard Plan 401 -L as shown on the plans, including all excavation, formwork, cover and frame, shoring, and utility relocations, and all other work items as required to complete the work in place. Item No. 7 Pervious Backfill Material: Work under this item shall include removing existing earth, sidewalk or roadway, disposing of excess material, grading, compaction, constructing pervious backfill as shown on plans, and all other work items as required to complete the work in place. Item No. 8 6 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 9 6 -inch PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering SP 11 OF 17 portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 10 Furnish and Install Filter Fabric: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric as shown on the plans and all other work items as required to complete the work in place. Item No. 11 Connect to Existing Storm Drain Catch Basin: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the connection of the subdrain system to the existing catch basin, including all necessary excavation, coring, concrete removal, sealing around pipe, and all other work items as required to complete the work in place. SANTIAGO DRIVE SUBDRAIN Item No. 12 Remove and Replace Terminal Cleanouts: Work under this item shall include furnishing, installing and connecting, Brooks Products No. 4TT valve box, connecting piping to subdrain, removing and disposing of existing piping and valve box of the existing cleanout and all other work items as required to complete the work in place. Item No. 13 Install Manhole: Work under this item shall include furnishing, installing and connecting a concrete manhole per CNB Standard Plan 401 -L as shown on the plans, including all excavation, formwork, cover and frame, shoring, and utility relocations, and all other work items as required to complete the work in place. Item No. 14 Remove and Replace Curb Access Ramps: Work under this item shall include removing existing improvements and constructing P.C.C. Curb Access Ramp, per plan, including detectable warning surfaces, and all other work items as required to complete the work in place. Item No. 15 Pervious Backfill Material: Work under this item shall include removing existing earth, sidewalk or roadway, disposing of excess material, grading, compaction, constructing pervious backfill as shown on plans, and all other work items as required to complete the work in place. Item No. 16 6 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent SP 12 OF 17 support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 17 Furnish and Install Filter Fabric: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric as shown on the plans and all other work items as required to complete the work in place. Item No. 18 Remove Existing P.C.0 Cross Gutter and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the existing PCC cross gutter, subgrade compaction, placing crushed base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 19 Remove and Replace Interfering Curb: Work under this item shall include removing and disposing of any interfering curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb per City Standards, AC patch back, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be matched existing. Item No. 20 Connect to Existing Storm Drain Catch Basin: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the connection of the subdrain system to the existing catch basin, including all necessary excavation, coring, concrete removal, sealing around pipe, and all other work items as required to complete the work in place. INDIAN SPRING LANE SUBDRAIN Item No. 21 Pervious Backf ill Material: Work under this item shall include removing existing earth, sidewalk or roadway, disposing of excess material, grading, compaction, constructing pervious backfill as shown on plans, and all other work items as required to complete the work in place. Item No. 22 6 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. • • SP 13 OF 17 Item No. 23 Remove and Replace Curb Access Ramps: Work under this item shall include removing existing improvements and constructing P.C.C. Curb Access Ramp, per plan, including detectable warning surfaces, and all other work items as required to complete the work in place. Item No. 24 Furnish and Install Filter Fabric: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric as shown on the plans and all other work items as required to complete the work in place. Item No. 25 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 26 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing and disposing of the existing driveway approach, subgrade compaction, constructing P.C.C. driveway approach, and all other work items as required to complete the work in place. Item No. 27 Furnish and Install Subdrain Terminal Cleanout: Work under this item shall include furnishing, installing and connecting, Brooks Products No. 4TT valve box, connecting piping to subdrain, and all other work items as required to complete the work in place. Item No. 28 Connect to Existing Storm Drain Catch Basin: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the connection of the subdrain system to the existing catch basin, including all necessary excavation, coring, concrete removal, sealing around pipe, and all other work items as required to complete the work in place. SPYGLASS HILLS ROAD SUBDRAIN Item No. 29 Construct 11 -Inch Thick Asphalt Treated Permeable Base Material: Work under this item shall include removing existing street, disposing of excess material, grading, compaction, constructing 11 -inch permeable base and all other work items as required to complete the work in place. Item No. 30 6 -inch Thick Asphalt Pavement Overlay: Work under this item shall include constructing 6 -inch thick asphalt pavement overlay and all other work items as required to complete the work in place. Item No. 31 6 -inch Perforated PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, • • SP 14 OF 17 bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 32 6 -inch PVC, SDR -35, Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 33 Furnish and Install Filter Fabric: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric as shown on the plans and all other work items as required to complete the work in place. Item No. 34 Connect to Existing Storm Drain Catch Basin: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the connection of the subdrain system to the existing catch basin, including all necessary excavation, coring, concrete removal, sealing around pipe, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -3 ASPHALT TREATED PERMEABLE BASE 200 -3.1 General. Asphalt Treated Permeable Base shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 29: Treated Permeable Bases. 0 0 SP 15 OF 17 SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: `The Contractor shall grout the area between an existing reinforced concrete structure and the new drain pipe with a quick setting grout." SECTION 207 - -- PIPE 207 -17 PVC PLASTIC PIPE 207 -17.7 Perforated Pipe. The pipe shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 68: "Subsurface Drains ". SECTION 213 - -- ENGINEERING FABRICS 213 -4 FILTER FABRIC 213 -4.1 General. Filter Fabric shall conform to the requirements of CALTRANS Standard Specifications, July 1999, Section 88: Engineering Fabric. 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials i SP 16 OF 17 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www.city.newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. " 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches'. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. s SP 17 OF 17 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. Encompass Detail Acct. Type: Business Tax License #: BT30027231 Bus. ID: 0056991 Name: TALCAL ENGINEERING INC Owner Name: COHEN, ADI LEVY Owner C Type: Exp. Date: 3/3112010 S Addy: 22641 VALERIO ST S Addy 2: Addr3: VALENCIA CA Tip: 91355 B Addr1: 22641 VALERIO ST B Addr2: B Addr3: VALENCIA, CA B Zip: 91355 Phone: 866 -506 -7147 FEIN: 5331 SEIN:3038473 Established: 3/19/2009 SIC: 1611 - HIGHWAY & STREET CONSTRUCTION Owner #: 0056991 # of Emps: 0 usr1:422050 usr2: usr3: usr4: usr5: usr6: 216008000 usr7: .fc {x Internet .9;00 AM 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item rvo. i May 12, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 -644 -3314 or tsandefur @city.newport- beach.ca.us SUBJECT: SUBDRAIN IMPROVEMENT PROJECTS (SANTIAGO DRIVE, POLARIS DRIVE, INDIAN SPRING LANE, AND SPYGLASS HILLS ROAD) — AWARD OF CONTRACT NO. 3909 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3909 to TalCal Engineering, Inc., for the Total Bid Price of $248,698 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $25,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on April 22, 2009 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $248,698.00 $256,490.50 $269,000.00 $272,000.00 $284,048.00 $288,786.00 $297,108.50 $305,060.10 $310,902.00 $319,005.10 $340,061.00 $357,680.00 $369,190.00 $460,156.50 BIDDER Low TalCal Engineering, Inc. 2 Nikola, Corp. 3 Atlas- Allied, Inc. 4 Remedial Civil Constructors 5 GCI Construction, Inc. 6 DLSB, Inc. 7 MCZ Construction, Inc. 8 Mike Pdich & Sons, Inc. 9 Albert W. Davies, Inc. 10 Megaway Enterprises 11 John T. Malloy, Inc. 12 Clarke Contracting Corp 13 Ross A. Guy & Sons, Inc. 14 Cobalt Construction. Co. TOTAL BID AMOUNT $248,698.00 $256,490.50 $269,000.00 $272,000.00 $284,048.00 $288,786.00 $297,108.50 $305,060.10 $310,902.00 $319,005.10 $340,061.00 $357,680.00 $369,190.00 $460,156.50 • Subdrain Improverrivroject —Award of Contract No. 3909 May 12, 2009 Page: 2 kAkotal bid amount is 44 percent below the Engineers Estimate of $359,000. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, TalCal Engineering, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. The work necessary for the completion of this contract consists of removing and installing PVC perforated pipe in pervious backfill material or asphalt treated permeable base, grading existing ground, installing cleanouts and manholes, and restoring pavement. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the Citys official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, and Survey Services: In addition to the contract costs, approximately $7,620.00 in consulting geotechnical services are estimated for this project, which will be performed under the on -call professional services agreement. $1,000.00 is included for printing and other incidentals. 0 0 Subdrain Improvement Project —Award of Contract No. 3909 Wy 12, 2009 Page: 3 Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description General Fund Proposed uses are as follows: Vendor TalCal Engineering, Inc. TalCal Engineering, Inc. Harlington Geotechnical Various Prepared by: Tom Sandefur Associate Civi ngineer Attachments: Project Location Maps Account Number 7012- C2502004 Total: Purpose Construction Contract Construction Contingency Geotechnical Testing Printing and Incidentals Total Submitted by: Amount $282,317.00 $282,318.00 Amount $248,698.00 $25,000.00 $7,620.00 $1,000.00 $ 282,318.00 Works Director a a LOCATION MAP SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO.3909 M PROJECT LOCATION o° POLARIS DRIVE AND SANTIAGO DRIVE 0 LOCATION MAP SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO.3909 P� -, 9c0 O /ieC o INDIAN SPRING LANE PROJECT LOCATION a 7j LOCATION MAP SUBDRAIN IMPROVEMENT PROJECTS CONTRACT NO.3909 PORT gLBANS PORT CARDfGA Fqs o JG q� ! DUB ti� SFgeoGR'yF ��. a gpT tie � OftOUGH 0 m PROJECT LOCATION SPYGLASS HILLS ROAD CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC September 22, 2010 Mr. Doug Ford Pavement Coatings Co. 10240 San Sevaine Way Mira Loma, CA 91752 Subject: 08-09 Citywide Slurry Seal (C4086) Dear Mr. Ford: On September 22, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 28, 2010, Reference No. 2009000512811. The Surety for the contract is First National Insurance Company of America and the bond number is 6481044. Enclosed is the Faithful Performance Bond. Sincerely, '(e 4 Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post 011ice Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilant 1. Brown, MMC October 20, 2009 Mr. Levy Cohen Tal Cal Engineering Inc. 22641 Valerio Street West Hills, CA 91307 Subject: Subdrain Improvement Projects (C -3909) Dear Mr. Cohen: On September 22, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 28, 2009, Reference No. 2009000512810. The Surety for the contract is Western Surety Company and the bond number is 70722423. Enclosed is the Labor & Materials Payment Bond. Sincerely, V, &4L- PM011- Leilani I. Brown, MM City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us Recorded in Offici&cords, Orange County Daly Clerk- Recorder RECEI\/ IIIIIIIY11111111p1jIIW111111111111NO FEE RECORDING REQUESTED BY AND 09000512810 02:51 m 09128/09 WHEN RECORDED RETURhftT _6 AM T6 N12 t P 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City Clerk OMCE OF City of Newport Beach THE 0 1Y CLEW 3300 Newport Boulevard CP pF NEBYPORT ! 'CH Newport Beach, CA 92663 "Exempt from recording fees pursuant to Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Talcal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on May 12, 2009. Said Contract set forth certain improvements, as follows: Subdrain Improvement Projects (C -3909) Work on said Contract was completed, and was found to be acceptable on September 22, 2009. by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Director rt Beach VERIFICATION 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY ►U w ' City Clerk 16 li lP n�F 0 0 re 0 OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC September 23, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: 08-09 Citywide Slurry Seal (C -4086) Subdrain Improvement Projects Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely Cnv eilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Taloal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on May 12, 2009. Said Contract set forth certain improvements, as follows: Subdrain Improvement Projects (C -3909) Work on said Contract was completed, and was found to be acceptable on September 22, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. h qq 22 �q Executed on at Newport Beach, California. n U E • i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT BY TW CRY COUNCIL Cm OF NEWPW BEACH SP P 2 20 ;g Agenda Item No. 13 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur, Associate Civil Engineer 949 -644 -3312 or tandefur@newportbeachca.gov SUBJECT: SUBDRAIN IMPROVEMENT PROJECTS —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3909 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On May 12, 2009 the City Council authorized the award of the Subdrain Improvement Projects to TalCal Engineering, Inc. The contract provided for the removal and installation of PVC perforated pipe in pervious backfill material, grading of existing ground, installing cleanouts and manholes, and restoring pavement along Polaris Drive, Santiago Drive, Indian Springs Lane, and Spyglass Hills Road. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $248,698.00 Actual amount of bid items constructed: $267,195.00 Total amount of change orders: $1,451.45 Final contract cost: $268,646.45 The increase in the actual amount of bid items constructed over the original bid amount resulted from an increase in the filter fabric required and in the amount of pavement that had to be resurfaced. In addition, there was one change order totaling $1,451.45. The change order was for the following: Subdrain Improvement Projects - CompletAnd Acceptance of Coft No. 3909 Seplmiber 22, 2009 Page 2 IMAM I The final overall construction cost including the one Change Order was 8% percent above the original bid amount. A summary of the project schedule is as follows: Estimated completion date per June 2008 schedule: July 17, 2009 Project award for construction: May 12, 2009 Estimated completion date at award: August 13, 2009 Actual substantial construction completion date: August 18, 2009 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability The awarded contract amount was $248,698 and the approved contingency amount to cover the cost of unforeseen work was $25,000 (10 %). $19,948 in contingency funding, 8% percent of the original contract value, was used to accommodate the change order and increased materials needed for the project as described in the discussion section of this report. Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7012- C2502004 $268.646.45 Total: $268,646.45 In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction Description Amount Order Incidentals 320.77 1 Removal and disposal of slurry interfering with trench $1,451.45 line and the realignment of interfering electrical line Total Project Change Orders $1,451.45 The final overall construction cost including the one Change Order was 8% percent above the original bid amount. A summary of the project schedule is as follows: Estimated completion date per June 2008 schedule: July 17, 2009 Project award for construction: May 12, 2009 Estimated completion date at award: August 13, 2009 Actual substantial construction completion date: August 18, 2009 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability The awarded contract amount was $248,698 and the approved contingency amount to cover the cost of unforeseen work was $25,000 (10 %). $19,948 in contingency funding, 8% percent of the original contract value, was used to accommodate the change order and increased materials needed for the project as described in the discussion section of this report. Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7012- C2502004 $268.646.45 Total: $268,646.45 In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $268,646.45 Materials /Geotechnical Testing 1,240.00 Incidentals 320.77 Total Project Cost $270,207.22 Prepared by: Submitted by: Tom Sandefur to . B Associate Civil Engineer li 0 rks E • n LJ