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HomeMy WebLinkAboutC-4042 - Phase II Enhanced Vapor Recovery System UpgradeRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIINlIIIIIIIII@IIIIIIlIIIIIIIII1IIIII11IIIIIIIIIIIIII11IINO FEE 2009000316516 09:47am 06117/09 227 27 N12 1 OM 0.00 0.00 000 0.00 0.00 0.00 0.00 ,,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, Newort ia, 92663, as ner, and Tafoya & Associates, H! sPCaliifornia, asalCont actor, entered into nChino into a Contract on Se tember 232008. Said Contract set forth certain improvements, as follows: Work on said Contact was completed, and avested found the acceptable and o SuretyJune 9.200 d by the City Council. Title to said property for sa Contract is Western 5ure Com an . 4orks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. at Newport Beach, California. Executed on City Clerk ij'' CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. y June 9, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran 949 -644 -3340 or ftran @city.newport- beach.ca.us SUBJECT: PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4042 RECOMMENDATIONS: 1. Accept the completed contract work. 2. Authorize the City Clerk to file a Notice of Completion. 3. 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. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: In 2000, the California Air Resources Board (CARB) adopted the state's Enhanced Vapor Recovery (EVR) program to further reduce smog- forming emissions from gasoline dispensing facilities. The program consists of two phases. Phase I, completed in 2005, focused on capturing gasoline vapors during the transfer of gasoline from a tanker truck to a gasoline dispensing facility's underground storage tank. Phase II will recover gasoline vapor emissions generated during the refueling of motor vehicles and from the storage of gasoline at a gasoline dispensing facility. On September 23, 2008, City Council authorized the award of the Phase II Enhanced Vapor Recovery System Upgrades Project to Tafoya & Associates ( Tafoya). Under Contract, Tafoya upgraded the existing vapor recovery system by installing a CARB certified Hea" vapor recovery tank at the General Services Corporate Yard and at the Police Facility fueling stations. Phase II Enhanced Vapor Recovery System Upgrades - Completion and Acceptance of Contract No. 4042 June 9, 2009 Page 2 Upon testing the system at the Corporate Yard, Tafoya could not complete the required compliance test due the system's inability to maintain pressure. Tafoya was directed by the City to perform two helium tests to locate the source of the problem. It was discovered subsequent to the helium tests that a large piece of concrete, left over from the initial tank installation in 1981 had torn a small hole in the top of the single -wall fiberglass fuel tank. To implement a repair, the fuel tank was drained of fuel and a different contractor repaired the fuel tank. The $9,400 fuel tank repair was funded by a General Services maintenance account. After the fuel tank repair, Tafoya returned on May 19 to perform a final compliance test which passed. The cost for the two helium tests and the additional compliance test was $5,017. The contract has now been completed to the satisfaction of the Public Works Department. The construction costs were: Original bid amount: $58,971.00 Actual amount of bid items constructed: $58,971.00 Total amount of change order: $5,017.00 Final contract cost: $63,988.00 The final construction cost of $63,988 is 8.5 percent over the original bid amount. A summary of the project schedule is as follows: Estimated completion date per June '08 schedule: March 11, 2009 Project award for construction: September 23, 2008 Estimated completion date at award: March 26, 2009 Actual substantial construction completion date: May 19, 2009 Total project costs were: Tafoya & Associates $63,988.00 Fuel Tank repair (paid under a different account) $9,400.00 Incidentals $143.34 Total Project Cost $73,531.34 Environmental Review: This project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Phase 11 Enhanced Vapor Recovery System Upgrades - Completion and Acceptance of Contract June 9, 2009 Page 3 Funding Availability: Funds for construction were expended from the following account: Account Description Fuel System Upgrade Vapor Recovery Prepared by: Frank Tran Associate Civil Engineer Account Number Amount 7611- C8002009 $63,988.00 Total Submitted by: $63,888.00 aaum Director 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 2nd day of September, 2008, at which time such bids shall be opened and read for PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES Title of Project Contract No. 4042 $60,000 Engineer's Estimate by c Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification required for this project: `B ", ICC EVR Phase B Certification, and Healy Certification For further information, call Frank Tran, Project Manager at (949) 644 -3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.citV.newport-beach.ca,us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 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.. .............. __ ............................................. ................... I I 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 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 ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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 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 relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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 Acf'. 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. 6314'19 A- HA2. Contractor's License No. & Classification TAfbqA r - Bidder i1/r VW Viee ,4.l& s 5.217.0 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE 11 ENHANCED VAPOR RECOVERY SYSTEM UPGRADES We, the r and administrato Newport Beach, a CONTRACT NO. 4042 BIDDER'S BOND rsigned Principal and Surety, our successors and assigns, executors, heirs agree to be jointly and severally held and firmly bound to the City of arter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if th id proposal of the undersigned Principal for the construction of PHASE II ENHANCED VAPOR COVERY SYSTEM UPGRADES, Contract No. 4042 in the City of Newport Beach, is acc t by the City Council of the City of Newport Beach and the proposed contract is awarded to the P ' cipal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, inc l ing the required bonds, and original insurance certificates and endorsements for the construct n of the project within thirty (30) calendar days after the date of the mailing of "Notification of A and ", otherwise this obligation shall become null and void. If the undersigned Principal e it is agreed that the death of any obligations under this Bond. Witness our hands this Name of Contractor (Principal) this Bond is executing this Bond as an individual, incipal shall not exonerate the Surety from its of 5ee e0- Name of Surety Address of Surety Telephone 2008. Signature/Title Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be CITY Of NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE 11 ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 40d2 BIDDER'S BOND TAFOYA & ASSOCIATES, INC. AND LINCOLN GENERAL INSURANCE COMPANY We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and finely bound- 1r-thw Ctty -nd Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE BID AMOUNT Doltars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the, undersigned Principal for the construction of PHASE 11 ENHANCED VAPOR RECOVERY SYSTEM UPGRADES, Contract No, 4042 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 forms) proscribed, - including,the -required - bonds, -and -original irrsumnx- cwtifimates and endorsements for the construction of the project within thirty (30) calendar days after the date of the malting 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 28 day of TAFOYA & ASSOCIATES, INC. Name of Contractor (Principal) LINCOLN GENERAL INSURANCE COMPANY Name of Surety C/O THE BOND EXCHANGE AND INSURANCE AGENCY 24600 CHRISANTA DR., STE,160 MISSION VIEJO, CA 92691 Address of Surety 949 -461.7000 Telephone YUNG T. MULLICK, ATTORNEYdN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached} CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN BERNARDINO 0j'XA31.Z{- before me, DELLA J. SMITH NOTARY PUBLIC (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person whose nair subscribed to the within instrument and lmowledged to me be she /they executed the same hi erhheir authorized capacity(), and that b er /their signatut4on the instrument the perso3�), or the entity upon behalf of which the persowo acte 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. DELLA J. SMITH Lv COMM, 1116119M d WI SS my hand and official s 1. NOTARY PUBLIC - CALIFORNIA l-- P SAN BERNARDINO COUNTY m My Comm. Expires Sep. 23, 201D (NotAy a ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attaclied document) (Title or description of attached document cont' ued) Number of Pages Document Date 3V (Additional information) CAPP&CITY CLAIMED BY THE SIGNER IndividuatIj Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Tntstee(s) ❑ Other 2008 Versim CAPA vl2.10.07 800 - 873-9865 www.NomryClasscs.c mn INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Calyiuma must contain verbiage exactly as appears above in the nmmry section or a separate acknowledgmem form must he properly completed and anached to that document The only exception is if a document is to be recorded outside of California. In such hnsarnces, any altematim acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for pmper wAm l wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the sate date the acknowledgment is completed. • The notary public most prim his or her name as it appears within his or her commission followed by a comma and then yon title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshekbey�- is /are) or circling the correct forms. Failure to correctly indicate this information rimy lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most act cover text or lines. If seal impression smudges, rascal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk O Additional 'mforiation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. t Indicate title or type of attached document, number of pages and date. +? Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document State of California County of Orange On August 28, 2008 ACKNOWLEDGMENT before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick 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/herttheir authorized capacity(ies), and that by his /her /their 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. Signature G (Seal) CallPETER AUSTINNEFF COMM 01799+3$9 X BQTAfif4- ORANGE COUNTY N LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insusnce Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, deft hereby n menu e, wrnatitute and appoint: Yung T. Mullick, James W. Moilanenr Jennifer C. Ciboney its true and lawful attoeae S)-m -fist to sign, seal and execute for and en its behalf, ae surety, bonds, undertakings, and other Obligatory W111"nenta of similar nature in an amount not to exci nd Thera Million Dollars ($3,000,000) end to bind it thereby as fully and to the aamo garnet as if such inshum nts were signed by s duly authorized officer of the corporation, and all the seta of said Attorney, Pursuant to the authority hereby given ant haeby ratified and confirm d. RESOLVED that this Power of Attamay is granted ands signed, sealed and motarizod with facsimile signaturs and seals under authority of the following resolutions adopted by the Road of Directors of Lincoln General Insurance Company on the 40 day of September, 2002. RESOLVED that the limident, an Executive or Senior Vice President, or my Via President of the Company, together with the Secretary or any Assistant Secretary ere botchy wtherri rid to execute Powers of Attorney appointing nhe person {s) named as Attornoy(s }in -Fact to time, execute, sign. Seal ad deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship. Aral my related documents. RESOLVED FURTHER that the signatures of the offioera making the appoinbom% and the signature of any officar certifying the validity and current status of the appoinnnon . may be Lscsbmttg ,qX entstims of Rose signatures; and the signature and teal of any notary, and the seat of the Company. may be f alincite mpresmWti aann¢� of those signatures and scale, and such facsimile rePmsentattow of those signatures and seals, and such facsimile repracnbdfara shall have the tome fora and olleet as if manually affixed. The facsimile representations rekrred to harem may be tdfixod by camping, priming, typing, or photocopying. IN WITNESS WHEREOF, Lincoln General Irauwce Company has ewaed its oo to lx a rxed durse presents to be signed by its duly sudwrized officers this 4th day jAgamindw. 2002. 1 "'"'�Tii� . . Attatt: CRATE -V z Sn t Gary XAlduArs5po E6 — Y a `; =z; The CommonwealPennsylvania nwealtlt of Pennsylvania 7977 a } : _ York County ro, D.% yNdYLVI`�S tar On this 4th day of September, 2002, before ' 1 C. Ebaiwmi, to me known, who being duly sworn, did depose and say: that he is the President of time • • in and whisk exautd the above instrument that he knows the seal affixed to the aforesaid instrument is such cmpo= as sl and was affixed thereto by order and authority of the Board of Directma of said Company, and dust he exeautod the said instrument by like order and authority and the same was his free act and dood. The Gorrnnonwealth of Pennsylvania York County I, Gary OmdorOG Secretary of Lincoln Cameral insurance Comlemy, a wtporatioa of the Commonweelth of Pmnsylramia do hereby oeatify that the above and tbregoing Is a gdl. it= and career copy of Power of Attorney issued by said Company, and of the whole of the Original And that the said Power of Attorney is stilt in full force and effeet and has not been revoked, and Nnthmmm dot the Resolution of the Board of Direcros, aft forth in the said Power ofAnorWy is now in fora. IN WITNESS WHEREOF, have baeunto sal my band and affixed the seal of acid Compmy, at York, Pennsylvania, this oPATa 1977 Best's Rating Center - Company Information for Lincoln General Insurance Company Center In)u'try Re' +arch c�Flr r Deunrtxlr.• Search Bests Ratings Press Releases Related Products 1 InaustrY 8 Regional. Country Fisk Structured Flnenre How to Get Ratea Contact an Analyst View Ratings Financial Strength Issuer Credit Securities Advanced Search Lincoln General Insurance Company Me, win Cv.ke aeien One 05 PnM this page in ma ntv,4 -- n„m as t ai rvw LY ]ales] IN. 1: l]lol]3Y3 Irinw.q„ gneemq. n ou�owrvon ,goW,e M1V NA ' .`• -r'Aa1 R8rya .. slackickm New Ywt 3ecl. EnMill NYSE KFS Toeogo Slxx Eivol rsx KFS enW nq..a on¢oCNcyh Address PO Box 3709 Phone: 717 -757 -0000 IDEEST C r York, PA 17402-0136 Fax: 717- 751 -0165' Web: www llncoingeneral.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Ralmg B- (Good) Long Term. bbb. Financial Size Category VIII 6100 Minion to $250 Mtllion) Outlook. Negative Outlook. Negative Action' Downgraded Acton: Bowngraded Dale: July 14, 2008 Effective Date' July 14, 2008 * Denotes Under Review Best's Ratings Reports and News Visit our NeveRoom for the latest news and press reteases for this company and ds A M Best Group AMB Credit Report - Insurance Professional (Um bridged) (formerly known as Bests Company Report) - induces Bests Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 0711612008 (represents the latest significant change) Historical Reports are available in AMB Credit Report - Insurance Processional jUnagridged) Archive Best's Executive Summary Reports (Financial Overvtewl- available in three versions, these presentation style reports feature balance sheet mcome statement key financial performance tests Including profitability. liquidity and reserve analysis Data Status: 2008 Seal Statement File -PIC. US. Contains data cohl as of &2312008 (Quality Cross Checked) r Single Company -five years of financial data screw lly on this company. P Comparison - sitle -by-side financial analysis of this company win a peer group of up to five other companies you select. a Composite - evaluate this company's financials against a peer group composite Report displays both the average and total composite of your selected peer group. _ AMB Credit Report • Business Professional -provi three years of key financial data presentetl with colorful charts and tables. Each report also features the _ latest Best's Ratings. Rating Rabbinate and an excerpt from our Business Review commentary. Data Status: contains data compiled as of 8/2312008 (Quality Cross Checked) asst's Key Rating Guide Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2007 Financial Data (Quality Cross Checked) Page 1 of 2 http:// www3. ambest. com/ ratings iu11Profile.asp ?BI= O&AMBNum= 3723 &AltSrc =1 &AltNum= &U RATING ID= 840616... 09/02/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 DESIGNATION OF SUBCONTRACTOR(S) 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 he /she 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: ,pN� Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder' CITY OF.NE!NPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NQ..4042 TECHNICAL' ABILITY AND EXPERIENCE REFERENCES. Contractor. must use this form!!! Please print or type. Bidders Name _TAFP�/la k j\SSoc, A-MS 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 and in the past five (5) years that show your expertise and experence as related to this project, provide the following information: No. 1 Project Name /Number eijT` or (29AQ!�3E- 4c9fD9AnM r 0�.JLAM5 Project Description ('iT 1= OIT�krICwE- CORPbRA'f6 lAi?E�LArS- FUEL,TCnt Approximate Construction Dates: From To: Agency Namecflf OF 7ZAf4ff'- t� Contact Person A6%P 2-400§ Telephone (7A) 31FI.5574 Original Contract Amount $Final Contract Amount $ 2?PW 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. 2 Project Name /Number GI:q 6F LA t'NtR -RDA TAOV- Remo M (t Project Description +' PA*v^L. ap fbtyc.. spT6rm Approximate Construction Dates: From .? - 2-M-7 To: &' Zo0'7 Agency Name C WY OF G/4 ✓"IAAplf Contact PersonV;�Akp. Telephone (So) 41 rn2. 2 S 7 3 Original Contract Amount $5%000 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 /NumberU' OF [ 41N0 NHS Nuose As J�IgWe,rr Project Description KkIMU.GwS C^en -A! P gpje&rS Approximate Construction Dates: From ' • 24V 3 To: Z1;o 5' Agency Name C4:q a, 9rb4 fI.SO }{I I.L S Contact Person :,AD GJ%f 3y Telephone twt) 3644 . Z ISO'? Original Contract Amount $Final Contract Amount $ 'Z-Z:z na o 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 /Conlyetor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Project Description or IT M ,,Pn I. Construction Dates: From &-W To: 6— ZO07 Name Person Ab Original Contract Amount If final amount is different from wlLas/fi6 Telephone 40) 3:79- A°°_ kV - 30P • 6793 Contract Amount please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims Npinst you /Contractor? If )ps, briefly explain and indicate outcome of claims. No. 5 Project Name /NumberL► of C91so POLALP./ N44. Project Description Rt'� D,o 4% ()o ca".OPf Approximate Construction Dates: From O o To: t 0(a Agency Name Contact Persorx Sim ti Telephone (?O`[) qqj –17Mj Original Contract Amount $O0 Final Contract Amount $ $ 000 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? Ikgs�bf ient11 explain and indicate outcome of claims. No. 6 Project Name /Number Project Description Approximate Construction Dates: From O& To: 3I 07 Agency NameCilT)_f Ok Iye,° Contact Person Telephone qft �i77 -ii // Original Contract Amount &W-0 Final Contract Amount $ e® D 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/Contract+or? If yes, briefly explain and indicate outcome of claims. o• Attach additional sheets if necessary. S-t4.0#0 YAwO 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. -TM�* � Assoa A-re S ce � dpy Bidder horize nature/Title 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 NON - COLLUSION AFFIDAVIT State of California ) r, ) ss. County of� T.irem+ QIEM4 , being first duly s rnj deposes and says that he or she is IdGe ORISiYI -+A of 'f14f�VA- � � SSoc rdTSC r , the party making the foregoing bid; that the bid is not made in the interest bf, 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 pe ally of perjury of the laws of the State of if mia that the foregoing is true and correct. ssacAt 3 wc� f,GesoosF Bidder Xubiorized Signature/Ttle Subscribed and swom to (or affirmed) before me on this day of , 2008 by personally known to me 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. SEE ATTACHED Notary Public [SEAINOTARIAL CERTIFICATE My Commission Expires: 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 NON - COLLUSION AFFIDAVIT State of California ) &V ) ss. County of�) ±v «d- Oviro..a being first duly s m deposes and says that he or she is we Rtsroea4- of ! AMt#VA• I !� SSo c r�tTrJ , the party making the foregoing bid; that the bid is not made in the intereston 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 fox 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 pe alty of perjury of the laws of the State of California that the foregoing is true and correct. K �SOU1teS Vice lkesft-4 Bidder uthodzed Signature/ Title Subscribed and sworn to (or affirmed) before me on this day of 2008 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. State of California County of Orange Subscribed and sworn to (or affwmed) before me on � @RIAN gRIERLY COM this 2 day of zoo 1� Ah 01740480 by "w O T� O nOTARV Gt b :r:!FORNIP proved to me on the basis of satisfactory evidence m 0RAVC1 .;OUNIv to be the person( who appeared before me. My Cumr rxpa« April zu 2011 Signature ej j Notary Public CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name T�14 JAsscic rATe S Record Last Five (5) Full Years Current Year of Record M 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. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts ' 8 lot 11b ) 7 1 y2 v D V Total dollar Amount of AB vi gn,25( )jz9jW I87t`l 91�V M M" Sj 53Vi! Contracts (in Thousands of $ No. of fatalities p p Q D O p p No. of lost Workday Cases O 0 0 © O O O No. of lost workday cases involving © Q O Q p 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. 13 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractors License No. and Classification: Title ][Ar y 4P As.socf.4TrS, 1AX- 15147t RCD BRRN kCHr&O filUS CA 91'707 901 • bob • 632 641" Al OA-2z 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 of Directors. 14 its bylaws or a resolution of its Board CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 ACKNOWLEDGEMENT OF ADDENDA Bidders name-TAftypt k= & ssotrA-reS The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I Signature 15 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN BERNARDINO On 3l.LC�7I before me, DELLA J. SMITH NOTARY PUBLIC (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory eviden a to be the persodT whose nam ti's re subscribed to the within instrument and acknowledged to me th she/they executed-the same i lux er /their authorized capacif#46, and that his er /their signatureW on the instrument the persdn�, or the entity upon behalf of which the persol�qacte , executed the instrument. 1 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DELLA J. SMITH seal. n COMM. #1889853 c —{ NOTARY PUBLIC - CALIFORNIA] 'P SAN BERNARDINO COUNTY M otary 5 My Comm. Expires Sep. 23, 2010 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title m4peription of attached document) (Title or description of attached document contin ed) Number of Pages _ Document Date to 3L (Additional information) C CLAIMED BY THE SIGNER Individual ❑ Corporate fftcer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 version CAPA 02.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document Is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the rotary to do something that a illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully forpropernota wl warding and attach this form ifrequurd. • State and County infomtatima must be the State and County wbere the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • hidicate the correct singular or plural forms by crossing off incorrect forms (i.e. he1she/dteyr is /are ) or circling the comet forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a dimrent document. Indicant title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 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: Name of individual Contractor, Company or Corporation: TA 12YA JAS be +A reS I"C- Business Address:15ft I&M Ft &„! GT F GffrN© HILLS Gh 91I1Q Telephone and Fax Number: to • (,6& Act -� 6W `f M • 4,0& 6?A4 California State Contractor's License No. and Class: b31t4-?i Al 9AZ (REQUIRED AT TIME I�OF�AWARD) Original Date Issued:JD-31- 91 " _ Expiration Date: 103j•01 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: 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 1�C>pfF. `r" �� '� �4�h( �ent�ta�'t `iOFt•Lo6.63z�.. O Nxi A(u.A CA 9 009 Corporation organized under the laws of the State of 16 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; Briefly summarize the parties' claims and defenses; 1 Have you Aver had a contract terminated by the owner /agency? If so, explain. 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 10 Are any claims or actions unresolved or outstanding? Yes /®o 17 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. - ESI.K= Bidder 54.4. ,G Co A-'f o- C.,w Vr.- -Vf' F —p Tarr -o,/&- (Print name Ovfiner or President otL 0 o a o l mpany) Av0meiz_ed%ig?%tVre/Title yee Mono ip *,4 Title Fapi.r ^1:•2� 5 /cMtO f &* `370 Date On �� ..� Z, ! wS before me, ?,yg �� " LI Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the personN) whose name( is /ale subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /hV(th(eir authorized capacity(ie4 and that by his /kr /tlir signature(is) on the instrument the person(4 or the entity upon behalf of which the person() 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. '-D 7 • (SEAL) Notary Public in and for said State My Commission Expires: Ap.,l -20,-L %I lit:? Vm . A RBI BR W coMM #1740480 n -- N01AR+PUPILK CALIFORNIA ORANGE COUNT 0 My C.ror . Expires ApOl 20 21111 CITY OF NEWPORT BEACH PUBLIC WORKS PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 PROPOSAL 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 supplied by the City of Newport Beach, and shall perform all work required to complete Contract No. 4042 in accordance with the Plans and Special Provisions, and will take in full payment therefor 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 Lump Sum Phase II EVR Upgrade at the City Corporate Yard Tw•� emu'- H""s"'° @ fswt t sex Dollars —and izeFo Cents $ Z-7 vii Per Lump Sum 2. Lump Sum Phase II EVR Upgrade at the City Police Facility IY $fXt}tou5MJ0 NIN¢� (i f #We- Dollars and Cents $ 26,92 Per Lump Sum 3. Lump Sum As Built Plans @ Five Thousand Dollars and Zero Cents $ 5,000.00 Per Lump Sum CITY OF NEWPORT BEACH PUBLIC WORKS PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 PROPOSAL 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 supplied by the City of Newport Beach, and shall perform all work required to complete Contract No. 4042 in accordance with the Plans and Special Provisions, and will take in full payment therefor 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 Lump Sum Phase II EVR Upgrade at the City Corporate Yard '�,,,�,� se�FA-Ikooshao @ i MA4 cwc Dollars 1. and =e-o Cents Per Lump Sum 2. Lump Sum Phase II EVR Upgrade at the City Police Facility yu�.r� S�X'tttouSMrO N�rJQ- (a� f*JDAc0 {46r0- Dollars and ?E±p -O Cents Per Lump Sum 3. Lump Sum As Built Plans @ Five Thousand Dollars and Zero Cents Per Lump Sum $ z-7 o,4 $ 264125, $ 5.000.00 PR2of2 TOTAL PRICE IN WRITTEN WORDS: fjErThF [ -rfko os. o kJtf-� 42409" -`Jc f `f t5"er-m Dollars andZQ(10 Cents $ 15t3, qqI TOTAL PRICE IN FIGURES Date •.' is �y' i ✓ �� �� . l . �� )•Iii / / Bidder's Telephone and Fax Numbers iBidder's icdnse No(s ). and Classification (s) I5g71 Rejo �AR G-r- Bidder's Address Cttloo HILLS C-A 9�7a9 The Contractor shall submit to the Engineer a Schedule of Values for this Lump Sum Proposal within seven calendar days after bids are opened. The Engineer shall use said Schedule for calculating monthly progress payments, etc., during construction. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 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 Ratina 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. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Tafoya & Associates, 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: PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES The work necessary to complete this design -build contract consists of furnishing transportation, labor, materials, and equipment for the design and installation of a horizontal Healy Phase II Enhanced Vapor Recovery System Upgrades for the City fueling sites at the City Corporate Yard (592 Superior Avenue, Newport Beach), and Newport Beach Police Facility (870 Santa Barbara Drive, Newport Beach) as detailed in the Contract Documents; preparing and submitting plans, specifications, and substantiating calculations to the City of Newport Beach's Building Department and other governing agencies for plan check and approval. The work shall include, but not limited to, the following: 1. Prepare required plans in order to obtain the following permits: a. South Coast Air Quality Management District (SCAQMD) permit b. Orange County Environmental Health or Certified Unified Program Agency (CUPA) permit c. Building permit (foundation and anchorage, mechanical, and plumbing). All foundation plan and structural details shall be designed by an engineer or architect, licensed by the State of California 2. Furnish and install horizontal Healy Phase II Enhanced Vapor Recovery Systems in accordance with the manufacturer's instructions 3. Demolish existing improvements required for the work 4. Construct concrete foundation and anchorage 5. Bollards shall be provided for protection around the Healy Tank: a. Bollards shall be not less than 4- inches in diameter steel, concrete filled, not less than 3 -feet above grade and not less than 3 -feet below grade into a minimum 15- inch concrete base b. Bollards shall be spaced not more than 4 -feet apart and located not less than 3 -feet from the tank. 6. Replace the removed sidewalk, AC pavements, and concrete curb 7. Perform all required tests to meet all governing agencies' requirements 8. Meet all Healy installation requirements 9. Obtain clearances and certifications 10. Provide Instructions /Operations Manuals." 20 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4042, 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. 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 Fifty -Eight Thousand, Nine Hundres Seventy-One and 001100 Dollars ($58,971.00). 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. 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 (:antractor and to City, addressed as follows: r': CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Frank Tran (949)644-3340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Tafoya & Associates, Inc. 15471 Red Bam Court Chino Hills, CA 91709 909 - 606 -6322 909 - 606 -6324 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) • Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: W a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 4. 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. officers, agents, officials, employees and 1.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 officers, officials, employees or volunteers. (Required additional insureds wording.) Contractor's insurance coverage shall be primary insurance andlor primary source of recovery as respects City, its officers, officials, employees and volunteers. 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. (Primary and non - contributory wording). 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. 23 b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. (Waiver of Subrogation) c) 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. 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. 5. 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. 6. 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. H. 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. 24 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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 performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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: "EwPOq� CITgayor WPORT BE CH � A MCor r n ��IFORN 1 By: Cio C TY C APPR VED A S TO FORM, TAFOYA & CIATES, I --'Z ---� C By: — (�/ AARON C. HARP i p to Officer) Assistant City Attorney A Pri 95 Titl Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 f BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND PREMIUM IS $1,769.00 BOND ISSUED IN FIVE COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE 11 ENHANCER VAPOR RECOVERY SYSTEM UPGRADES CONTRACT NO. 4042 BOND NO. 0564046 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,769.00 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 Tafoya & Associates, Inc., hereinafter designated as the "Principal ", a contract for construction of PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES, Contract No. 4042 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. 4020 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 Fifty -Eight Thousand, Nine Hundres Seventy -One and 001100 Dollars ($58,971.00) 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. 28 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 terns 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 (1) 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 12 day of SEPTEMBER mpg TAFOYA & ASSOCIATES, INC. Tafoya & Associates, Inc. (Principal) WESTERN SURETY COMPANY Name of Surety CIO THE BOND EXCHANGE AND INSURANCE AGENCY 24600 CHRISANTA DR., STE. 160, MISSION VIEJO, CA 92691 KNG T. MU ICK, AT Address of Surety Print d Title 949. 461 -7000 Telephone NOTAFff ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT State of California County of Orange ) On September 12, 2008 before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. N "L0 a PETER AUSTIN NEFF COMM. i 1T"389 M P NOR -A- N' UBL',C,y, t'ny � " -A 6R- KCOUNTY � Signature (Seal) BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND ISSUED IN FIVE COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PHASE 11 ENHANCED VAPOR RECOVERY SYSTEM UPGRADES . CONTRACT NO. 4042 BOND NO. 70584046 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tafoya & Associates, Inc„ hereinafter designated as the "Principal," a contract for construction of PHASE 11 ENHANCED VAPOR RECOVERY SYSTEM UPGRADES, Contract No. 4042 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. 4020 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 Fifty -Eight Thousand, Nine Hundres Seventy -One and 001100 Dollars ($58,971.00) 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 those 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 Unemployment 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. The Boncish-altinum"tti the beneirt,of any and ail persons, oompunlcs, andi -ecr, ersti3ns 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 Califomia- K And Surety, 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 dul xecuted byAhe above named Principal and Surety, on the 12 day of SEPTEMBER yQ TAFOYA & ASSOCIATES, INC. Tafoya & Associates, Inc. (Principal) WESTERN SURETY COMPANY Name of Surety AuilIriz 'nth' dry C/O THE BOND EXCHANGE AND INSURANCE AGENCY Nf 24800 CHRISANTA DR., STE. 160, MISSION VIEJO, CA 92691 Y NG LLICK, ATTORNEY -IN -FACT Address of Surety P nt Na a and Title 949- 461 -7000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT State of California County of Orange ) On September 12, 2008 before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick 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 his/her /their 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. H PETERAUMNEFF 'CS COMMA / 1798388 � w 000f PIJBIJGGIJFOOM ORANGE COUNTY N rrn. r , ,PJi Aert E�Imrarn,M2 . \Akstern Surety Company POWER OF ATTORNEY APPOINTINC INDIVIDUAL ATTORNEY —IN —FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a Saudi Do" corporation, is a duly mranewil and existing corlioraron 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 alTrxod hereby make, mistilute and appoint James W Moilanen, Yung T Mullick, Jennifer Gilloney, Individually of Mission Viejo, CA, its true and lawful Adraney(s )4n -Pct with still powar add authority hereby conferees to sign, seal and execute finr and on its behalf bonds, undodulungs and other oblrxwury ms'irurroada of sindar nature - In Unlimited Amounts - and to bind it thereby as fully and N the same: extent as if such insoimrents were signed by a duly uuthonrrd officer of the corporation and all the uss of mid AtUxu y, Pursuant to the authority hereby given, me hereby rati fied uml cntn ind This Power of Attrney is merle and executed pursuant to and by aunux,ty of the By-Law printed an the mme hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wittress Whereof, WESTERN SURETY COMPANY has caused these geunts to be signed by its Senior vice pre ident and its corporate seal to be herein affixed un this 71h day of Noverrher, 24xm WESTERN SURETY COMPANY Paul Riufim, Senior Vice President State of South Dakota Countyaf Minnrhaha 1 ss On this 71h day of November. 20116, before me personally came Paul T. 8ru0a1, to me known, who, being by me duly swore, did depute amt soy: that he resides in the City of Sioux Falls, State of South Dakaa; that he is the Senior Vice President of WR97 RRN SURETY COMPANY dcwribcd in and which executed the %hove [nsdumenl, dial he knows die seal of gain Corporation; that the mat affixed to the said msbunitmt is such eciswmm seal; that it was w affixed pursuant W adtrority given by the Baud of Directors of said corporation and that be sighed his Mane dmmto pursuant to like aushoriry, and acknowledges same to be the act and deed of mid corporation. My cunnnission expires e n...IFL, November 30, 2012 •,r��xtKfrAIaT PUe►fC �4��i90UTO +y��yY"�tihYN�1T111 \1M\ fit. D. Krell, No Public (XII'l IFICA IE I, I.. Nelson, Assistant Secretary of WIlERN SURETY COMPANY do hereby cersify that The Power of Attorney hereiaebove ser forth is still in force, and ILMer certify, that the By -Law of the rwrpurdtion printed on the reverse hereof is still in force. to testimony whereof f have hemnno subse216ad my name and affixed the seal of she said corporation this 12 dayof SEPTEMBER, 2008 WESTERN SURETY COMPANY I..:Nels- n. Assistant Secretary Farm F4288-09,06 Authorizing fly -Law ADOPTED BY THE SHAREHOLDERS OF WES'T'ERN SURETY COMPANY This Power of Attorney is made uA executed pursuant in and by authority of the following ny -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Alturney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Atwislanl Secretary, Treasurer, or any Vice President, or by Stich other officers as the So" of Directurs may authorize. The President, any Vice President. S"miary, any Assistant Secretary, or the rreasu= may appoint Attorneys in Fact or agents who shall have authority to issue ponds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, puliuims undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may he printed by facsimile. CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN BERNARDINO On before me, DELLA J. SMITH NOTARY PUBLIC (Here insert name and title of the officer) personally appeared 0 who proved to me on the basis of satisfactory evideg�g to be the person whose nan3 i re subscribed to the within instrument and owled ed to me t she/the execute a same ' hi err /their authorized capacit}, and that b his err /their signatuton the instrument the person or the entity upon behalf of which the persojo acte , executed the instrumen . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OELLA J. SMITH my hand and of9mal seal. n COMM. #1889853 NOTAgY PUBLIC - CALIFORNIA 3ERNARDINO COUNTY My Comm. Expires Sep. 23,201( -, 1���(NSeal ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT k!3,�'r mkAic/V t( qitl . scription of attached document) (Title or description of attached document contin ) Number of Pages _ Document Date 1.0 t (Additional information) CAP�1CIf�Y CLAIlVIF,j) BY THE SIGNER C ricliVitlUSli Z ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800. 873 -9865 www.NotsryC7asses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed In California must contain verbiage erectly as appears above in the notary section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document is to be recorded outside of Cal forma. In such instances, any ahermtive acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the rotary to do something that is illegal for a notary in California Cie. cert Eying the authorized capacity of the signer). Please check the document carefully far proper noorot warding and attach this form if required. • State and County information must be the Stare and County where the document signer(s) personalty appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the nume(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wsbenhe),r is laro) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal ingression must be clear and photographically reproducible. Impression must act cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title in type of attached docusent, number of pages and date. @ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SAN BERNARDINO OnO, j 3<<2-00f beforeme, DELLA J. SMITH NOTARY PUBLIC (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory eviden a to be the person whose nam t are subscribed to the within instrument and knowledged to me tha�he/they executed the same ' h' er /their authorized capacity(, and that his er /their siguatureon the instrument the person or the entity upon behalf of which the perso4dacted, 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. DELLA J. SMITH tp COMM. #1889853 my hand and�Qfficial seal. Cj NOTARY PUBLIC - CALIFORNIA n /L „ e� —pt u SAN BERNARDINO COUNTY ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT $A4�k A�Zl s (ri scription of attached document) (Title or description of attached document contin ) Number of Pages _ Document Date (Additional information) CAPFnodividual? CLAR BY THE SIGNER porateer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vemion CAPAvl2.10.07800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exacrly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. ceHfying the authorized capacity of the signer). Please check the document carefully for proper notarial wording aad attach this form if required. • Stare and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the dare that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and than year title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he/sheidwy�r is /are ) or circling the comet forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk %% Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. s' Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACOBO,. CERTIFICATE OF LIABILITY INSURANCE D"/`� ' 9/16/2008 2008 PRODUCER THIS CERTIFICATE IS ISSUEDAS A NATTER OF INFORMATION TLC Insurance Services NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 176 South Laurel Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brea, CA 92821 '71 A— '7S9—nA77 INSURERSAFFORDING COVERAGE NAIL# INBUf1ED Tafoya G Associates, Inc. INSURER A: Hudson Insurance Co. 15471 Red Barn Court INSURER 6 Commerce West Chino Hills, CA 91710 INSURER C. INSURER D INSURER E: COVERAGES THE POLICIES CF INSURANCE LISTEDBELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOf4ATHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBIECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS LTR MR) TYPE OF INSURANCE POLICY NUMBER DA (MWDDNNE POU(�'Y IRAT OAT LIMITS AUTHOR RESEMATIVE gPLJIAA GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PREMISS ocr✓e,ae) L 50,000 MERCIAL GENERAL LIABILITY CAIMSMADE ®OCCUR MED EXP(AwwmP ) $ 5 000 PERSONALaADIJINARV S 1,000,000 A ntractors 1--Oollution C7002435 04/05/08 04/05/09 GENERAL AGGREGATE 5 2,000,000 GENT AGGREGATE LIMIT APPLIESPER: PRODUCTS - COMPIOP AGO 5 O O POLICY JECPRO T LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT fEa xdtlenL) 5 11000,000 BODILY INJURY 5 ALLOMINED AUTOS X SCHEDULED AUTOS B HIRED AUTOS X NON/JMMEO AUTOS CCV0345774 04/05/08 04/05/09 BODILY NaXIRY (PBramIMY) v PROPERTY DAMAGE (PeracatloA) $ GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC S ANYAUTO $ AVTOONLY: P.GG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLNMSMADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION i WORKERS COMPENSATION AND TORY UNITS I ER EMPLOYERS' LIABILITY PROPRIENdPARTNCRE%EC111N£ EL EACH ACCIDENT S E.L DISEASE- EAEMPLOYEE S OFFICFAAIFlABER EXCLWEOT WY desmft ntleT SPECIALPROVISIONS bebw E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES 1 EXCU"INS ADDED BYENDORSEMENT l SPECIALPROVISIONS The City of Newport Beach, its officers, agents, officials, employees & volunteers are added as Additional Insureds to the General and Auto Liability but only as repsects all covered operations of the Named Isnrued. Waiver of Subrogation and Primary /Non - Contributory wording applies. * 10 day ice of cancellation for nonpaVment of premium. CERTIFICATE HOLDER CANCELLATION AL.'[MKU3* )ZWVUUJ 19AGORD GORPORAUON IWO SHOULD ANY OFTHE ABOVE DESCRIBED POICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL *sa DNIS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, MIT FAILURE TO DO SO SHAH 3300 Nev p��or,,��tT,.Boulevard IMPOSE NO OBLIGATION OR UASIUTY OF ANY WIND UPON THE INSURER, ITS AGENTS OR Wev"rt Seat i, CA 92663 REPRESr TIVES. AUTHOR RESEMATIVE gPLJIAA AL.'[MKU3* )ZWVUUJ 19AGORD GORPORAUON IWO POLICY NUMBER FEC7002435 COMMERCIAL GENERAL LIABILITY CG 20900704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modules insurance provided under the foliowhtg. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHFML E - - Nara Of Additional Insured Person(s) Or a . Lacoon(pl Jf Covered ns The City of Newport Beach, its Includes Primary & Non - officers, agents, officials, Contributory Wording employees & volunteers inEwrrmiioft—mquired to wm pkft this Schedule if M shown above will be sbw m in the Declarations. A. SeWort 0 - Who is An Insured is amended to Include as an additional Insured the person(s) or otganizstion(s) shown in the Schedule, but only with respect to itablitty for "bodily Injury", "property dan=° or "personal and advertising inpny" cared. In whole or in pact, by: I. Your acts or omissions; or 2. The ads or antissians of those acting on your behaU; in the performance of your ongoing operations For the additional insured(s) at the location(s) desig. Dated above. A. !Oft respect to the insurance afforded to these additional Insureds, the fallowing additional exclu- sions apply. This Insurance does not apply to "bodily Injury" or *property damage" occurring after. 9. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insureds) at the location of the cowered operations has been completed; or 7- That portion of "your work" out of which the iryury or damage arises has been put to its irr Yarded use by any person or organtzatiop other titan another factor or subcontractor eo- gaged in perf0rm1n0 operations for a principal as a part of the same project. CS 20 90 07 04 1 'D W Properties, Inc., 2004 Page 1 of 1 i,7 0 HUDSON Tafoya & Associates Endorsement Number: 20 Primary and Non - Contributory Insurance This endorsement, effective 10/16/2008 attaches to and forms a part of Policy Number FEC7002435. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Name and Address of Person or Organization (Additional Insured): City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 2. Additional Premium: 150 This insurance is primary with respect to the coverage afforded to the Additional Insured shown in the Schedule above by the following endorsement: FEI -0104- 319-E. Any other insurance which the Additional Insured may have is excess and non- contributory. FEI- 0104 -535 -E CERTHOLDER COPY SJ STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10 -15 -2008 GROUP: POLICY NUMBER: 1511718 -2008 CERTIFICATE ID: 80 CERTIFICATE EXPIRES: 04 -01 -2008 04 -01- 2008/04 -01 -2008 CITY OF NEWPORT BEACH Sd ATTN: PUBLIC WORKS DEPT. 3300 NEWPORT BLVD NEWPORT BEACH CA 92683 -3816 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions, of such policy. HORIZED REFRESENTATI PRESIDENT' UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -01 -2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGAT!ON''FFFECT *YR ^^ne -10 -15 it ATTACHED TO AND FORMS A PART OF THIS POLICY.- THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER TAFOYA, EDDIE ODA; TAFOYA 8 ASSOCIATES SJ 15471 RED BARN CT CHINO HILLS CA 91700 [B10,SC] IREV.2.05h PRINTED : 10 -15 -2008 Pagel of 3 Oyler, Shauna From: Jessica Scherer [JScherer @bbsocal.com] Sent: Tuesday, October 21, 2008 11:45 AM To: Oyler, Shauna Cc: Jennifer King Subject: FW: Tafoya & Associates Shauna, This certificate was taken care of! Please see email below. Let me know if you have any questions. Jessica Scherer for Jennifer King Commercial Line Account Administrator Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Ph. (714) 221 -1841 Fax. (714) 2274141 Email, jscherer@bbsocal.com License# OF06835 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Gary T. Lipkin [ma!Ito:gl!pkin @msn.com] . Sent: Friday, October 17, 2008 12:42 PM To: Jessica Scherer Cc: Jennifer King; Oyler, Shauna Subject: Re: Tafoya & Associates Thanks!!! Gary T. Lipkin TLC Insurance Services, Inc. 176 S. Laurel Ave. Brea, CA 92821 714 - 255 -0422 Phone 714 - 255 -0423 Fax glipkingmsn.com - - -- Original Message - - -- From: Jessica Scherer To: Gary T. Lipkin Cc: Jennifer King ' Oyler, Shauna Sent: Friday, October 17, 2008 12:38 PM Subject: RE: Tafoya & Associates Yes! Coverage is now complete. Thank you! Jessica Scherer for Jennifer King Commercial Line Account Administrator 10/21/2008 Page 2 of 3 Brown & Brown of California, Inc. P.O. Box 6989 Orange, CA 92863 Ph: (714) 221 -1841 Fax: (714) 221 -4141 Email: jscherer@bbsocal.com License# OF06835 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Gary T. Lipkin [mailto:glipkin @msn.com] Sent: Friday, October 17, 2008 12:36 PM To: Jessica Scherer Cc: Oyler, Shauna; Jennifer King; TEAMTAFOYA @aol.com Subject: Tafoya & Associates Dear Jessica, Attached is a copy of the "Primary/Non- Contributory Endorsement" issued directly from the Insurance Company. We trust that this will satisfy your requirement. Thanks, Gary T. Lipkin TLC Insurance Services, Inc. 176 S. Laurel Ave. Brea, CA 92821 714 - 255 -0422 Phone 714 -255 -0423 Fax glipkin�7a msn.com - - -- Original Message - - - -- From: Denise Lancaster To: 'GARY LIPKIN' Sent: Friday, October 17, 2008 8:24 AM Subject: Tafoya & Associates Endt #20 Attached is the endorsement amending the policy as requested. The change is as follows: Project Specific PNC for $150 additional premium. Invoice will be sent via mail. Please contact me with any questions concerning the attached. Thank you! Denise Lancaster, CISR Account Manager FEI Insurance 10/21/2008 Page 3 of 3 1451 Lorimer Street, Suite 200 Denver, CO 80202 303.534.1171 ext 123 303.623.8101 — Fax dlancaster@feiinsurance.com "Keep FEI in mind for supporting lines of coverage on all of your submissions. We offer most lines except worker's compensation including property, inland marine and commercial auto. Coverage is available in most states and is provided on an admitted basis through Arch Insurance Group, rated A XV by A.M. Best ". 10/21/2008 Check A License: Contractor's License Detail Certifications: Bonding: Workers' Compensation: A GENERAL, ENGINEERING CONTRACTOR CERT DESCRIPTION HAZ HAZARDOUS SUBSTANCES REMOVAL .. .... .. ...... CONTRACTOR'S BOND This license filed Contractor's Bond number 1003187 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1511718 Effective Date: 04/01/2002 Expire Date: 04/01/2009 Workers' Compensation History Consumers I Contractors I Applicants I Journeymen I Public Works I Building Officials I General Info CSLB Home I Conditions of Use I Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2.cslb.ca.gov /General - Information /interactive- tools/ check -a- license /License +Detai1.asp Page 2 of 2 09/02/2008 Encompass Detail Acct. Type: Business Tax License #: BT02101804 Bus. ID: 0012921 Name: T OYA R ASSOCIATES Owner Name: TAFOYA, EDDIE RAY Owner C Type: Exp. Date: 9/3012003 $ Addy: 15471 CENTRAL AVE S Addy 2: Addr3: CHINO CA Tip: 917104107 B Addr1: 15471 CENTRAL AVE B Addr2: B Addr3: CHINO, CA B Zip: 91710 -9107 Phone: 909 -606 -6322 FEIN: 4615 SEIN:1755623 Established: 10/18/2002 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 0012921 # of Emps: 0 usr1: 123856 usr2: BT02101804 usr3: usr4: usr5: usr6: usr7: L a -- lb$U g Microsoft.. �d CONTRA... 2 Per... - ;,,;,j Inbox = ... e* 2 Into...- j V2, California Business Search Page 1 of 1 DISCLAIMER: The information displayed here is current as of AUG 29, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation TAFOYA & ASSOCIATES Number: C1 755:6:2:3=1 Date Filed: 12/27/1994 Status: active Jurisdiction: California Address 15471 RED BARN CT CHINO HILLS, CA 91709 Agent for Service of Process EDDIE R TAFOYA 15471 RED BARN CT CHINO HILLS, CA 91709 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 /ShowAilList ?QueryCorpNumbel =Cl 755623 &printer =yes 09/0212008 1 1 1 1 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PHASE II ENCHANCED VAPOR RECOVERY UPGRADES CONTRACT NO. 4042 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 SHOP DRAWINGS AND SUMBITTALS 2 -5.3 General 2 -6 WORK TO BE DONE 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 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS 4 4 5 5 5 5 6 7 7 7 7 7 7 8 8 SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 9 201.1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.3.2 Requirements P1 9 9 9 10 300 -1.5 SECTION 302 302 -6 302 -6.6 SECTION 303 303 -5 303 -5.5 303 -5.5.1 303 -5.5.2 303 -5.5.4 SECTION 400 400 -2 400 -2.1 400 -2.1.1 Solid Waste Diversion ROADWAY SURFACING PORTLAND CEMENT CONCRETE PAVEMENT Curing CONCRETE AND MASONRY CONSTRUCTION CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Finishing General Curb Gutter PART 4 -- ALTERNATE PRODUCTS 10 10 10 10 10 10 10 10 11 11 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 11 UNTREATED BASE MATERIALS General Requirements Last saved by mloceyOB /1212008 2:29 PM t\ users \pbw\ shared \contmets\rnaslers\masters for contract set up\master specs index.doc 11 11 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PHASE II ENHANCED VAPOR RECOVERY UPGRADE CONTRACT NO. 4042 INTRODUCTION SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. M- 5386 -L); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplement; (5) and other applicable codes and regulations required for the work. 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 -5 SHOP DRAWINGS AND SUBMITTALS 2 -5.3 General. Change the first paragraph to read, "Shop drawings and submittals shall be prepared and provided to the Engineer at the Contractor's sole expense.° 2-6 WORK TO BE DONE Add to this section, "The work necessary to complete this design -build contract consists of furnishing transportation, labor, materials, and equipment for the design and installation of a horizontal Healy Phase 11 Enhanced Vapor Recovery System Upgrades for the City fueling sites at the City Corporate Yard (592 Superior Avenue, Newport Beach), and Newport Beach Police Facility (870 Santa Barbara Drive, Newport Beach) as detailed in the Contract Documents; preparing and SP2OF11 submitting plans, specifications, and substantiating calculations to the City of Newport Beach's Building Department and other governing agencies for plan check and approval. The work shall include, but not limited to, the following: 1. Prepare required plans in order to obtain the following permits: a. South Coast Air Quality Management District (SCAQMD) permit b. Orange County Environmental Health or Certified Unified Program Agency (CUPA) permit c. Building permit (foundation and anchorage, mechanical, and plumbing). All foundation plan and structural details shall be designed by an engineer or architect, licensed by the State of California 2. Furnish and install horizontal Healy Phase 11 Enhanced Vapor Recovery Systems in accordance with the manufacturer's instructions 3. Demolish existing improvements required for the work 4. Construct concrete foundation and anchorage 5. Bollards shall be provided for protection around the Healy Tank: a. Bollards shall be not less than 4- inches in diameter steel, concrete filled, not less than 3 -feet above grade and not less than 3 -feet below grade into a minimum 15 -inch concrete base b. Bollards shall be spaced not more than 4 -feet apart and located not less than 3- feet from the tank. 6. Replace the removed sidewalk, AC pavements, and concrete curb 7. Perform all required tests to meet all governing agencies' requirements 8. Meet all Healy installation requirements 9. Obtain clearances and certifications 10. Provide Instructions /Operations Manuals." SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 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. SP 3 OF 11 (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. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "The Contractor shall remove all USA utility markings within three (3) work days upon completion of the work or phase of work." 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, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T 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. SP4OF11 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewerlstorm 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 Utilities 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 the pre - construction meeting 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." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The City intends to award the Project on September 23, 2008, hold a pre - construction meeting on October 14, 2008, and issue the Notice to Proceed no later than October 21, 2008. The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed. The Plans shall be completed and submitted to governing agencies for permits by November 10, 2008. Contractor shall only work at one site at a time. Only one site shall be out of service at a time and it must be functioning once the Contractor leaves the site at the end of each working day. 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." SP5OF11 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1Sc 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 11"' (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:00 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 4:00 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 $123.00 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 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. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence. In addition to Liquidated Damages specified above, failure to complete the design and submit applications to SCAQMD and other governing agencies by November 10, 2008 shall result in damage of $500 per calendar day." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace this section with: "The Contractor shall, as a portion of his design -build contract services, prepare and submit plans, specifications and SP 6 OF 11 substantiating calculations to the City of Newport Beach's Building Department, SCAQMD, and other governing agencies for plan check and permit issuance. The plans shall be drawn on standard 24 -inch by 36 -inch sheets that will be furnished gratis by the Engineer. Said submittals shall bear the seal of a registered professional engineer that is licensed by the State of California to prepare such work. The Contractor shall then obtain a no-fee building permit issued by the Building Department. Building Department plan check and construction inspection fees will be waived. The City will reimburse the permit fees to other governing agencies. At the completion of work, the Contractor shall prepare "as- built" plans and furnish a set of mylar "as- built" plans to the Engineer." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Where applicable, 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. At the Police Facility site, to assure the security of this essential facility during construction, the Contractor shall: 1. Provide lists of workers to the Police Department for criminal background checks. 2. Instruct workers to check out and exhibit credentials provided by the Police Department at all times and to return them daily to the front desk. 3. Access the work area through the front entrance of the Police Facility only. 4. Instruct workers to remain within the work area and not to enter other areas of the Police Facility without prior approval of the Police Department Fiscal Services Facilities Manager or his designee." SP 7 OF 11 7-8 PROJECT SITE MAINTENANCE 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- bea ch. ca. us/pu bworks /I inks. 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." 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 within parking lots and other public 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 SP 8 OF 11 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 -10.4 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. 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Building Contractor "B" License, proof of ICC EVR phase II certification — Vapor Recovery System Installation and Repair, and proof of Healy certification. 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 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 Droqress bill is submitted. The "As- Built" 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 SP9OF11 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." ".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 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 approved by the Engineer." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 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 SP 10 OF 11 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. 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 12 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. 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 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 SP 11 OF 11 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." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base or better as the base materials." F: \Users \PBW\Shared\Contracts \FY 0&09\Phase 11 Enhanced Vapor Recovery Upgrades C-4042\SPECS C- 4042.doc a i, o , W. Rpr I-7 j ,f A eke p b TI a¢ , MY OF NEVMORT BEACH PUSUC WORKS OEPARTMENT PRMCT LOCATION 02 NEWPORT BEACH POLICE STATION ` =fir. � _ ��""____,'• 870 SANTA BARBARA DRIVE, NEWPORT BEACH. CA 92660 4. \ "C • 4S `:'`R !{'. (PAITul C mu *V191, IM 1 �' % ".,,� �.' ii '_ � •fr1F 1 1�r �11� "'��r� � �U�`G' L -+rV _ a v l""iJiIC °JCL � _t I f° 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 644 -3340 or ftran @city.newport- beach.ca.us SUBJECT: PHASE II ENHANCED VAPOR RECOVERY SYSTEM UPGRADES — AWARD OF CONTRACT NO. 4042 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 4042 to TAFOYA & ASSOCIATES ( TAFOYA) for the Total Bid Price of $58,971.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $5,899.00 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on September 2, 2008 the City Clerk opened and read the following two bids for this project: BIDDER TOTAL BID AMOUNT Low TAFOYA & ASSOCIATES $58,971.00 2 FLEMING ENVIRONMENTAL INC. $73,000.00 The low corrected total bid amount is 1.7 percent lower than the Engineer's Estimate of $60,000.00. The low bidder, TAFOYA, possesses a California State Contractors License Classification "A ", "HAZ" and Healy Certification as required by the project specifications. Previous City contracts have been awarded to TAFOYA, where work was completed on a satisfactory level. In addition, a check of TAFOYA's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this design -build contract consists of furnishing transportation, labor, materials, and equipment for the design and installation of a horizontal Healy Phase II Enhanced Vapor Recovery System Upgrades for the City fueling sites at the City Corporate Yard, and at the Newport Beach Police Facility as detailed in the Contract Documents; preparing and submitting plans, specifications, and substantiating calculations to the City of Newport Beach's Building Department and other governing agencies for plan check and approval, and securing final permit approvals from the governing agencies. Phase 11 Enhanced Vapor Recovery System des - Award of Contract No. 4042 ,,.. September 23, 2008 Page: 2 In March 2000 the California State Air Resources Board (GARB) created the Enhanced Vapor Recovery (EVR) to address cumulative air quality impacts related to gasoline dispensing facilities. Phase I of the program was successfully completed by April 2005. Phase II requires the installation of Enhanced Vapor Recovery (EVR) The deadline for installation of the EVR system is April, 2009. Diesel fuel dispensers are exempt from this requirement and are therefore not included in this Contract. Pursuant to the Contract Specifications, the Contractor will have 90 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 Guidelines. This exemption covers the minor 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 City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents within the project vicinity. Funding Availability: Sufficient funds will be available in the following accounts for the project. Account Description Fuel System Upgrades — EVR Proposed uses are as follows: Vendor TAFOYA & ASSOCIATES TAFOYA & ASSOCIATES Governing Agencies Various Prepared by: OJ o Frank Tran Associate Civil Engineer Account Number Amount 7611- C8002009 $ 68,000.00 Total: $ 68,000.00 Purpose Amount Construction Contract $ 58,971.00 Construction Contingency $ 5,899.00 Permits $ 2,400.00 Printing and Incidentals $ 730.00 Total: $ 68,000.00 Submitted by: Director