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C-4066 - Peninsula Point Water and Sewer Improvements
IN A r l OFFICE OF THE CITY CLERK Leflani I. Brown, MMC May 11, 2011 Mr. Jason Paulis Paulis Engineering, Inc. 2371 E. Coronado Anaheim, CA 92806 Subject: Peninsula Point Water and Sewer Improvements (C -4066) Dear Mr. Paulis: On May 11, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 19, 2010. Reference No. 2010000235054. The Surety for the contract is North American Specialty Insurance Company and the bond number is 20906369. Enclosed is the Faithful Performance Bond. Sincerely, q Leilani I. Brown, MMC, City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPARTS BOND# 2090639 PREMIUM: $17,651 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BOND NO. 2090639 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 17,651 being at the rate of q6 25.00 /$15.00 /$10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Paulus Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of PENINSULA POINT WATER AND SEWER IMPROVEMENTS, Contract No. 4066 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. 4066 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE 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 One Million, Four Hundred Fifteen Thousand, Seventy -Nine and 001100 Dollars ($1,415,079.00) 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. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, Page 32 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 [lie Principal and Surety above noylb. on the 1ST day of SEPTEMBER , 2009. Paulus Eggin /ering. Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER ST., STE. 3800 ORANGE, CA 92868 Address of Surety 714/550 -7799 Telephone Authorized Signature /Title —2 Authorized Agen S nature CHARLES L. FLAKE / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page 33 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 9 -01 -09 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer-' personally appeared Charles L. Flake Name(s) of Signers) LEXIE SHERWOOD COMM. #1856389 g NOTARY PUBLIC o CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2013 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. Sigtness my hand and official seal. Si nature Place Notary Seal Above Signature of Public OPTIONAL IO/tlAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Off icer— Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 2007 National Notary Association • 9350 De Salo Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • wwwNationallootary.org Item #5907 Reorder: Call Toll -Free 1- 800 -W6-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE CONIPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of.. TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." "y 011101110 /i �\sc ..PO G% ,yapnnanrm„� an u �p110N By _ SFAL FmE Steven P. Anderson, Pruident &Chief EnttmiveOmcer of WasM1ingtav lnlerveaunellmunaa Company SCAT > t iTi• 1977 Wi & senior Via President of North American �_yl Q„qc specialty Insurance Company -no! .m ��� ' /rinmuumM" By �,kyYfcr.... -- d'sy... *.. V David M. L%;; Senior Vitt Pmsidenf of WssM1mglon lvternaliaval lreuran rCompany at""i aNa� & Via Pruident or North Amerinn Specialty Inrufame Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September 12008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 208, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the volumativ act and deed of their resnective cmmranies. °oFrtcrAl,sPAT" DONNA D. SIQ.INS Notary Altilic, Smte rrElllnwa My Commission Ecphec 101068011 Tb0,t,t.R oo _4""o Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1 ST day ofSEPTEMBER 2009 . I a� fames A. Carpenter, Vice Pruident & ouc isunt secretary of Washinmon Intemational insurance Company & North American Spmialty Imamate Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orang On Sept. 1, 2009 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 t 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 entity upon behalf of which the persons) 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. WITN S m hand and official seal. cyntlinA d, yAIENCIA y e� Commission * 1775437 Notary Public - California Orange County comm. ?es Oct 152D11 Sign f Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Performance Bond Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BX THE SIGNER Individual Corporate Officer x /Title Partner Attorney -In -Fact Trustee Other yy FF F OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 23, 2010 Mr. Jason Paulis Paulis Engineering 2371 E. Coronado Anaheim, CA 92806 Subject: Peninsula Point Water and Sewer Improvements (C -4066) Dear Mr. Paulis: On May 11, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 19, 2010, Reference No. 5010000235054. The Surety for the contract is North American Specialty Insurance Company and the bond number is 20906369. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPARTS BOND // 2090639 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BOND NO. 2090639 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Paulus Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of PENINSULA POINT WATER AND SEWER IMPROVEMENTS, Contract No. 4066 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. 4066 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, NORTH AMERICAN SPECIALTY INSURANCE 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 One Million, Four Hundred Fifteen Thousand, Seventy -Nine and 00 /100 Dollars ($1,415,079.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the 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 Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. Page 28 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 WITS WHEREOF, this instrument has been duly executed by the above named Principal and S y, on the 1ST day of SEPTEMBER , 2009. Paulus (Principal) NORTH`44ERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER ST., STE. 3800 ORANGE, CA 92868 Address of Surely 714/550 -7799 Telephone Authorized Signature/Title Au razed Agent ig amr CHARLES L. FLAKE / ATTORNEY —IN —FACT ,int Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S U RETY MUST BF_ ATTACHED Page 29 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 9 -01 -09 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Name(s) of Signer(s) LEXIE SHERWOOD COMM. #1856389 E NOTARY PUBLIC o CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2013 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 fficial seal Si nature Place Notary Seal Above Signature of Notary Public OPTIONAL IONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):- ❑ Partner —❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Signer's Name ❑ Individual ❑ Corporate Officer— Titles) ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Boz 2,102 • Chatsworth, CA 913132402 • w .NationafttarycrgJItem #5907 Reorder Call Too -Free 1-800 -876 -6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24i° of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `OgpWnnOfyly `. �Clwo r,�,LGi at10NAt�raa. _�`ba.GbP 6 IFP ojiv0...!NSG SEAL .n= Y Rr °�' ShvenP. Andnrsan, Prddcnt &CM1Ie(Eattuave Onicer of WaaM1ingron lnrerpaaonal lnsurantt Company=' SEAL �= —¢0 QG]O� &&afar Vice Prrsiden[ofN.rlh American Speculty lnsunnce Company O? m= c W ;t 1p7a =1 :Rip. O i r:. a. n nmINAP� David M. LaBymao,Smior Vice Prevdenf afWUM1iapon Ntwalional lnsuraott Company m "^" & Vitt Prcsdmr of NaM American Spaialy Insunott Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September , 200$ . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 208, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their rescective cmmmanies_ °l)HT7CfAL :LS D. S1Q.ENS Noaigl btic, Sraw of M& My Commi m Ppiues Ityt16/i01I I Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this I ST day ofSEPTEMBER , 2009 . Jams A. Cary W. Vice President &Assimnt SecretmyoEWsshingmn mtemstionnl tnsuar,ce CompenyS Nord, Amuiran Speciilry Imamnce Company CALIFORNIA ALL - PURPOSE CERT'IFICAT'E OF ACKNOWLEDGEMENT State of California County of Orang On Sept. 1, 2009 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 t 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 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. CYNTHIA J. VASE IA WITNESS my hand and official seal. Commlaslon # 1775427 -e Notary Public - Call4ornlo i orange County resOct 15,2011 Si tuft of Vtk& Public (Notary Seal) ADDIITIONAL OPTIONAL INFORMATION OF THE ATTACHED DOCUMENT L& M Bond Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title Partner Attorney -In -Fact Trustee Other �'L rr �r',� rr-r-1 RECORDING REQUESTED BY AND Recorded in Official Records, Orange county WHEN RECORDED RETURN Td -TO JUN' �, IIIIIIIIIIIIIIIhIIIIII�IIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE City Clerk "!C: 0000235054 8:04 am 05/19/10 City of Newport Beach r "CIIY t N12 1 3300 Newport Boulevard C!' ° � �� 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383" C' " NOTICE OF COMPLETION �r NOTICE IS HEREBY GIVEN that the City -of Newport Beach, 3300 Newport Boulevard, t" Newport Beach, California, 92663, as Owner, and Paulus Engineering, Inc., of Anaheim, California, as Contractor, entered into a Contract on September 8, 2009. Said Contract set forth certain improvements, as follows: Peninsula Point Water & Sewer Improvements (C -4066 Work on said Contract was completed, and was found to be acceptable on May 11. 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Executed on �I?' %V)o at Newport Beach, California. BY V L � -/ City Clerk `' OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 11, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: ® Peninsula Point Water & Sewer Improvements (C -40661 6 Corona del Mar Street Rehabilitation (C -4140) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely (X �. bm�� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Paulus Engineering, Inc., of Anaheim, California, as Contractor, entered into a Contract on September 8, 2009. Said Contract set forth certain improvements, as follows: Peninsula Point Water & Sewer Improvements (C -4066 Work on said Contract was completed, and was found to be acceptable on May 11, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ZtiJ(7 at Newport Beach, California. BY �! City Clerk CITY OF NEWPORT BEACH CITY CLERK 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 a.m. on the 25th day of August, 2009, at which time such bids shall be opened and read for PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 $1,778,450 Engineer's Estimate @terl G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor's License required for this project. For further information, call Alfred Castanon, Proiect Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httP:1/www.NewportI3eachCAx;ov CLICK: Online Services / Bidding & Bid Results 0 0 PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 Page 2 10 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 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. 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 Page 3 0 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 7a44 114 Contractor's License No. & Classification E.Y Gi�EEIC �� 6 Bidder Authorized Siahifture/Title NO 66 d'S //DG�/" !9-d3- ©21 Date Page 4 se,5 1-NW- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PENINSULA POINT WATER AND SEWER IMPROVEMEN , Contract No. 4066 in the City of Newport Beach, is accepted by the City CV e City of Newport Beach and the proposed contract is awarded to the 'Principal, cipal fails to execute the Contract Documents in the form(s) prescribed, i udinred bonds, and original insurance certificates and endorsements for the constr iject within thirty (30) calendar days after the date of the mailing of "Notification of rwise this obligation shall become null and void. If the undersigned Principal executi9d this Bond is cuting this Bond as an individual, it is agreed that the death of aZy1of Principal shall no exonerate th;a l�r�ty, flom its obligations under this Bond. \ Witness our hands this 2009. Name of Contractor Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Page 5 BONDS 7 -B PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport each, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PENINSULA POINT WATER AND SEWER IMPROVEMENTS, Contract No. 4066 in the City of Newport Beach, Is accepted by the City Council of the City of Newport Bead and the proposed contract is awarded to the Principal, and the Principal falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty. (30) calendar days after the date of the mailing of `Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond .as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 19TH day of PAULUS ENGINEERING= INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 70.1 SOUTH PARKER STREET 53800 ORANGE, CA 92868 Address of Surety (714) 550 -7799 Telephone CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) Page 5 0 0 CALIFORNIA •. ACKNOWLEDGMENT e' e* :a v aY- #7z'• v a- a 4 y - a. a .r r -� a r a .....rt• a STATE OF CALIFORNIA County of Orange } On 08/19/09 before me, Lexie Sherwood. Notary Public Date Here Insert Name and Tale of the ONicer personalty appeared Charles L. Flake Name(s) of Signer(s) LEXIEMS HERWOOD CO. #1856389 le e@ NOTARY PUBLIC CAu FORM ORANGE COUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/herfiheir 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 o , ial seal.! q/ � Signature U X/ Place Notary Seal Above Signature of NoWly P is OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): Partner— ❑ Limned ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ■ ■ Corporate Officer— Title(s): Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 NatiWal Narary Aaonaaon • 8350 De Sato Am, P.O. R. 2402 • Chatsworth, CA 91313 @402 - mm.Nalmallotaryorg Itam #5907 Raorcer: Call Toll-Frea 1- 000470�827 _ ...._ _.... - ._... - .._ ........ .. - NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOIDrMY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile wider and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualit,ing the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to most to the execution of any such Pourer of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seat ofthe Company may be affixed to my such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or cartificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." '0tamnTrwfk By ° FrdFtf;'c c� AZ!p SEAL S4ven P. Mdmaory Preltlepl @Chlcf�¢v[aeealuao[WUbi�lan ln�malloairmumacc Cmop�nr ��+ SEAL� jn ywk 1973 geii'n A3Wee Ytc¢PrrGECer erNOnq Ammba�ayeeXrylwtanm Comp any a�`4�.Mtuv_a,`T' G,a BY- pavitl M. LYmWBattier Ym P,erid AofWatl SMt fy fi amet Cvw ,Cmiparty @ yfm P¢aNmr efNsM Anva♦m ageWryr „..ranee Cempmr IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington In gt�aional Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this �—day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as' On this 9002 day of September . 20 08 ' before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective cumnanies. p _ 0 L4AI.584I” ��NiCt O I A. _ pQ7AD. 3td.PNS Notary yu6lMr sf°t` oftilmh Donna D. Sklens, Notary Public My Cammision'Erp7iad1IN06M t 1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 19 thday of August 20 09 Las A. Caram¢, Via the A AsmW smeary or WmAinpm rn1¢neamd Wurer <Cempeny& Nom Am¢im Specialty Invmm Company CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Oranee On 08/19/2009 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 t 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 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. W S my hand and official seal. CYNTHIA J. yip COmrlllatlott t 1773427 NotOfY Pu01IC - Callfaf " Orange County Sign Dfp&WY Pub (Notary Seal) Cornrn.6 rieoel 1 2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Boyd Title or description of attached document Number of pages Document Date Additional Intormatioo CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer /Title Partner Attorney -In -Fact Trustee Other 0 ACKNOWLEDGMENT ................. ............................... I. 0 a. a . . 8.....................I State of California County of On Public, personally appeared ss. before me, Notary 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 acknowl dged to me that he /she /they executed the same in his /hedtheir authorized capacity(ies), #d that by his /hedtheir signatures(s) on the instrument the person(s), or the entity upon be alf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature the laws of the State of California that the (seal) .......................... r..................... ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Ev ence: _ Personally Kno n with Paper Ident� cation _ Paper Idenfrfic lion _Credible Wit ss(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint _ Power of Attorney is available- CEO/CFO/COO President / Vice - President I Secretary I Treasurer Other: Other Information: r ACKNOWLEDGMENT ...................................... ............................... /..,.....t State of California County of ) ss. On Public, personally appeared before me, Notary proved to me on the basis of satisfactory evidence to be a person(s) whose name(s) istare subscribed to the within instrument and acknowledged me that helshelthey executed the same in his /her /their authorized capacity(ies), and tha by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of ich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under th laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ....... 0 ............. a.............. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification / Credible W itness(es) (seal) ............................... 0...... W.. INFORMATION Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO _ President I Vice- President / Secretary / Treasurer Other: Other Page 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. Best's Rating Center - ConWy Information for North American is cialty Insur... Page 1 of 2 " 2in Ls ' Rooted Products hlikisiry &s�. Qrlel FyISk In 6(aifeSe anclal Strength Isspar Credit Securities Advan4ed_Search North American Specialty Insurance Co I— Ir- mS— Rem9v, is—re limited) A.n.B ®1401888 NUUC b; 29878 FEIN 020311919 Address: 650 Elm Street Phone" 803644 -1giW Manchester, NH 031012524 Fax: 603-644-6613 Web: wvN..swissre cam Best's Ratings Financial Strength Ratings View Definitions Rating A (Excellent) Aff Motion Code 9 (Group) Financial Size Category: W ($2 Billion or greater) Outlook. Stable Acbom Downgraded Effective Dale' February 2], 2009 alien Web Cenlws Fels i:,"r"..:4a -d io wmoe +�• em rvv. ' .9eu.�.oa.m noel, IRr �sa�e Issuer Credit Ratings View Definitions Long -Term: a• Outlook: Stable Action. Dmwngraded Dale: February 27, 2009 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A M. Best Group. ,Jrws: AMB Credit Report - Insurance Professional (Unabridged) (fonarerly known as Bests Company Report) - Includes Best's Fin rationale along with comprehensive analytical commentary, deta led business uvermaw and key financial data f Report Revision Date: 0710212009 (represents the latest significant change). Histonral Reports are available in AMB Credit Report - Inagrappop pj-, J g yjgAil (Una9lMpl),4rgnve. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance c Sc ° ^,'7j1 key financial pedormance tests insuring profitability, liquidity and reserve analysis. i { Data Status: 2009 Bears Statement File PIC, US. Contains data compiled as of 8/152009 (Quality Cross Checked). k Single Company -five years of financial data specifically on this company Comparison side by -side financial analysis of this company with a peer group clup to five other companies you select. 9 Composite evaluate this company's financials against a peer group composite Report displays both the average and total composite group AMB Credll Report - Business Professional provides three years 04 key financial data presented with colorful charts and tables. Each If ?' latest Best's Rulings. Rating Ransil and an excerpt from our Ousiness Review commentary. Data Status: Contains data compiled as of Bit 512009 (Quality Cross Checked) Best's Key Rating Guide Presentation Report includes Best's Financial Simmigh Rating and financial data as provided in Best's Key Be Data Status: 2007 Financial Data (Quality Cross Checked). Financial and Analytical products Best's FhopertylCasually Center - Premium Data & Reports Best's Key Rating Guide ,- PIC, US & Canada Beat Statement File - P /C, US Bestff $u1n ment_File - GlQbal Beall _PIC, US & Canada BS3PS, State Upe : PIC. A Bests Insurance Expense Exh'blt (IEE) -P /C. US Besi'S- SCh�u(e F fRe'nsuranceJ�(C „U$ Bast's Schedule D (Common Stocks) - US Bests Corporate Changes arld RBPremanls - PIC, US'CN all schedule.P (Loss; Reserves) - PIC. US Beals $cheduJQQ IQlawfile Bonds) - US @&sl'fi Infi ggogy Flagons- Online : PIC. US & Canada http://www1am best. com /rati ngs /Full Profile. asp ?BI =O&AM B Num= 1 866&AItS rc =... 08/25/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction,. as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: K C$ 10L. �►{oGt 3 � f oe. Address: .L(�2o owmeiv joLL • �/I I CoLrOPICA- 923L -H 1l Phone: _I sI — L1I S —Vol 1 State License Number: y L 15 ' ! _ V I Name: r,.1 h�' 6 r1. ®•7 j6� Address: 440vi lev 'Q 6 Nryl? /mid CA Rd3Yb . 605 Phone: Stale License Number: fL S 3 qp� Name: Address: Phone: State License Number. Zoe Bidder V Authorized Sig t /Titlevici; MSl0Lv< Page 8 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 7 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. . i .. ml Page 9 0 No. 2 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Page 10 r 0 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Page 11 18- UP to 20' Deep 200 S. Anahelm BMd. Anshean, CA 92695 Momoegyeat Trunk Sawa Irstall Ovdr a Mlle 12M&M allay Water DIM. Jorge Mein (760) 381. 9637 690.931.00 $ 8,328.00 Change in FIRM 0112' Sewm Line 85 -955 Ave. 82 Coachella, CA 02236 To 24' Deep 303 W. CommonweaM Ave. • FuSellon, CA 92832 BB} w Sewage Uft slaftn Bypass and Replace Y09 -7109 Irvine Ranch Wets DlsMCt MBa Arent (949) 6"WO $ 359.608.90 429,000.09 Change in Plans Maki Lift slaw ISM Send Csrrynn Ave. Pumps 8 Vault, Who, CA 92618 21 -Anayo Slml nak Sewer Install 21, PVC 4108 -7105 Ventura County Waterwoft Cole "m (805)37 S 374,034.00 $ 3W.0110.00 Change In Plana Sewer Line wl Bore 6767 Spring Road Undar Railroad Tracks Moorpadr, Ca. 83020 Pdmary Dwws tnn FacS1y 2109 -Mg Wins Ranch Water DW dt Anita Arent (94D)463.5300 S 1,099,832A9 S 1.241,535.00 Conrad Change ordem 16W9 Sand Canyan Ave. Irvine, CA 92016 0 No. 6 Project Name`Number Project Description Approximate Construction Dates: From Agency Name T 4) Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the- t;ontra current financial conditions:- . LMSAW- S E13fs!FJE4it(Pi G Bidder Authorized Si ature/Title y17C Cr AeaStaA Page 12 • r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of tWo4fJ ) 5459 f be-�g first dui sworn, deposes and says that he or she is ES/ CE+ Of '0> 9061 tiff IPS L the party making the oregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Slate of Califom a t the f regoing is true and correct. rAtawS t�Jfm11���1n�C Bidder Authorized Sio a re/Title VK.0 Subscribed and sworn to (or affirmed) before me on this nV Cy of 2009 ' •5 r by `,5jyr i4v1 LNS 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 foregoing paragraph is true and correct. / CYNTHIA J. VALENCIA Cammtsston • 1773627 [$EALj Notbry Rubllc • CGltfarnlo pronge County Carron. Ex nespat 15.21)11 Page 13 of the State of California that the My Commission Expires: 7`1 I Bidders ! • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 DESIGNATION OF SURETIES A%kLo 0610 EMlL14G Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancetbond type): ) ns. Page 14 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name &J5 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. Page 15 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts Total dollar Amount of 5,0A 1L.. 13, Zw M► 17. �_ 17.3Nit _�- /7 y� ►` I3,lfw` Contracts (in Thousands of $ ) 13, zou / y -sZV f 7 3W S oao No. of fatalities CJ v U O O No. of lost Workday Cases (2 U O U v No. of lost workday cases involving permanent transfer to C/ 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. Page 15 • 0 Legal Business Name of Bidder PAULQV &("VIEAKIIJ Business Address: A71 E • C&a*OiApo "itgi 4,40 9L801. Business Tel. No.: (pSt497S' State Contractors License No. and Classification: 1 %q i J 1l Title gJCJ f1ft51C)gdlr The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. , . Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Page 16 • • CITY OF NEWPORT BEACH PUBLIC WO.RKV DEPARTMENT X41.[ }' / ♦ i CQNTRACT NO. 4066 ACKNOWLEDGEMENT OF ADDENDA Bidders name pxw5 [AjtreI1 &r1f1*4A The bidder shall signify receipt of all Addenda here, , if any, aracb attach executed copy of addenda to bid documents: Addendum No. Date Received Signature Page 17 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 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: ' o' Name of individual Contractor, Company or Corporation: rAUW0% 61VE4LIV fo Business Address: f*- 42$0 (0 Telephone and Fax Number: %Iy L31 X915 ` fdX 7 1y- 43L- 1,909 California State Contractor's License No. and Class: 72Y HIV (REQUIRED AT TIME OF AWARD) Original Date Issued: 06'30- 4G Expiration Date: 06- 30-zot-b 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 Telephone a8 %! G" C�KMMea ��,luw5 Pais iy���lflEA�aur�it �►,�E,vr, cn. g � nr,G 7/� -L32 3 �1J' %fw 7Alw, �/ICE�,I:i/GICNTIS�lt1M�_ Corporation organized under the laws of the State of 4,41 /FO/CN)A -+ Page 18 9 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal aria as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 1" ., For all ar¢itrations, JaWsuits; 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; Have you ever had a contract to rminated.by the owner / agenncy? K so, explain. Have you ever failed to complete a project? If so, explain. r 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 lab ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?' 1 No Are any claims or actions unresolved or outstanding? Yes /® Page 19 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. '200 VAW-- -,S (Print name of Owner or President 0 orporation /Corn ny) PA(AL.03 EN G i hJ��rt�NG 2rYs�n��+'� Bidder Authorized Signature/Title Title ca_Z3_o`7 Date On personally appeared Notary Public, 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. (SEAL) Notarf PtibliPrt nd for said State CVNTNIA J. VALENCIA My Commission Expires: Comrmaaon * 1 773427 Notary Public - California Orange County Coma Oct 1 2011 Page 20 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. Page 21 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Paulus Engineering, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PENINSULA POINT WATER AND SEWER IMPROVEMENTS Contract No. 4066 The work necessary for the completion of this contract consists of but not limited to distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing water and sewer lines & related facilities, furnishing and installing new water mains and sewer mains, water services, fire hydrants, valves, fittings & other appurtenances, removing and replacing sewer manholes & cleanouts, and related sewer connections, and restoring of all affected surface improvements, and other incidental items of work to complete the project. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4066, 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. Page 22 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, Four Hundred Fifteen Thousand, Seventy -Nine and 001100 Dollars ($1,415,079.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Alfred Castanon (949) 644 -3314 Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 -2504 714 -632 -3975 714 -632 -1809 Fax INSURANCE Without limiting Contractor's indemnification of City, and ri>) or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. City reserves the right to require complete, certified copies of all required insurance policies at any time. Page 23 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceotable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. _Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. _General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Page 24 0 0 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. Page 25 0 0 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Richt to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. Page 26 • • H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NI A Municipal In Mayor APPROVED AS TO FORM: OF' PAULUS ENGI RING, INC. By: yne . e a p (C porate Officer) Assistant Ci Att ey P Title: rint Name By: ' (Financial icer) Title: .T7 ✓cyst ✓vim Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual Page 27 F-] L 0 EXECUTED IN FOUR COUNTERPARTS BOND# 2090639 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BOND NO. 2090639 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Paulus Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of PENINSULA POINT WATER AND SEWER IMPROVEMENTS, Contract No. 4066 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. 4066 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 Surely on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the Slate of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Four Hundred Fifteen Thousand, Seventy -Nine and 001100 Dollars ($1,415,079.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the 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 Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. Page 28 0 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 WITH S WHEREOF, this instrument has been duly executed by the above named Principal and Sty, on the 1ST day of SEPTEMBER , 2009. Paulus gngir eering, Inc. ( NORTH VMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER ST., STE. 3800 ORANGE, CA 92868 Address of Surely 714/550 -7799 Telephone Authorized Signalufe/Title .�j WmA1AV0.11:@ F CHARLES L. FLARE / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page 29 0 r CALIFORNIA •• ACKNOWLEDGMENT 'w • a' a' :y e+><e a a � a a a - N a' eY �' al' +a` STATE OF CALIFORNIA County of Orange On 9 -01 -09 before me, Lexie Sherwood Notary Public - Dale Here Insert Name and Title of me officer personally appeared Charles L. Flake Name(s) of Signor(s) =PUKIC* OOD 389 y3Fpnrx�t TY 27, 2013 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 Califomia that the foregoing paragraph is true and correct. Witness my hand landd fficial seal. Signature �eL y//f/JLd Place Notary Seal Ahow Signature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(fes) Claimed by Signer(s) Signer's Nar ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact I` - ❑ Trustee � ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited General ❑ Attorney in Fact L. ❑ Trustee ❑ Guardian or Conservator Top of 77 here ❑ Other: Signer Is Representing: 02007 Nallonal Notary Association - 9350 De Sato Ave.. P.O. Box 2902 - Charsworth. CA 913132402 -w .NalbaalNetary.org Item 95907 Reorder; Call TeWree 1- 80%876.8827 NAS SURETY CROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duty organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws ofthe State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its we and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of.. TWENTY -FIVE MILLION ($25.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 246 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the sea] of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." otuanwm .% �o�4¢FS,,�ppTPq"�:'?'rw // �9tatty =S3 YY BY',..` aPOga;'G A? SEAL :tee Shevev P. weamsap, Prdkahk Wterazu+.ars 011iarvrwa�ivgtav 4lav+xevM taavua CampavY SEALC �yS:.Si 1Q/J yn k$rnivrVta Preddenh ofNvrth AVrWru Sparatry hmm�va Ca�paaYj 'm e 4e..6roN • rS'`rr B In DavW 6l. l.aYmu,Smiar Vln Pmidm dWmhfvgxw lnaauxvvd maeaxe Caoyo} k Yive Prtpdenh er NbM Ameriaw Sperialty Ivwava Campavy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed and these presents to be signed by their authorized officers this 30th day of September , 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as: On this 30th day of September 20 08 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resuective comnanies. roF41C7nLSKLE ,P m � DONNA D. SYQPNS / ovw m s, �- m�'�^' Nwahy Pabkc, Stawaflilmois Donna D. Skiers, Notary Public klyCommbdmh Hg4m 1tp0(i2011 1, James A Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1ST day ofSEPTEMBER , 20 09 i )arum A. Carymw,Vive Aa i kpeilenxSsxemryofWashmg�vn Nhemmiovah Gavnmce Companyk NvM Aprcviai Spaddty Inmmnw CcmWVY CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Oran ee On Sept. 1, 2009 before me, Cynthia J Valencia, Notary Public personally appeared Jason Paulus 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 t 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 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. cYNiNIA J. VALENCIA comrM>Ia1°n 177 417 WITNESS my hand and official seal. Nolr7ry PuEnc - Cal +forMo i orange counlY corrrn. WI 1011 SivIxtrile of Yogy Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT L & M Bond Title or description of attached document Number of pages Document Date Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x_ /Title Partner Attorney -In -Fact Trustee Other 1 0 0 EXECUTED IN FOUR COUNTERPARTS BOND# 2090639 PREMIUM: $17,651 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 BOND NO. 2090639 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 17,651 being at the rate of $ 25.00 /$15.00/$10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Paulus Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of PENINSULA POINT WATER AND SEWER IMPROVEMENTS, Contract No. 4066 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. 4066 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , duty 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 One Million, Four Hundred Fifteen Thousand, Seventy -Nine and 00/100 Dollars ($1,495,079.00) 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. 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 Surely to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, Page 32 0 0 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 dale 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 Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above na4, on the 1ST day of SEPTEMBER , 2009. Paulus Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER ST., STE. 3800 ORANGE, CA 92868 Address of Surety 714/550 -7799 Telephone Authorized Signalure /Title Authorized Agen nature CHARLES L. FLAKE / ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Page 33 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 9 -01 -09 before me, Lexie Sherwood Notary Public Dale Here Insert Name and Title of the officer personally appeared Charles L. Flake Neme(s) of Signers) LEXIE SHERWOOD COMM. #1856389 NOTARY PUBLIC • CAUPORRlA ORANGE COUNTY Y Comm. Exp. JULY 27,2013t 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�ea�� dam/ Signature Place Notary Seal Above Signature of Nota Public � OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here El Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of 02007 Natimal Notary Asoodatlon • 9350 Do Sob Ave.. P.O. B" 2402 • Chelaworih, CA 91313 -2402 • ~..NaWalNOtaryorg Item #5907 Reorder. CaR Trill -Free 1- 800-87&8627 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal off ice in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing wider the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY -FIVE MILLION ($25 ,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 246 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.° epNtalYllllDpir w.ae " uu!rv,4 no f pPO µ3 �r� Nqt P Q. F.;:i� °L� SEAL .n= c<msmr 2: SEAL t?c orm.. ;$ lary'apy,on &$edor Vke PrtildmtefN«th Amnia. SpWtlry lv..aveeC�mpaq m° II By �^ Dawd M. Layma49roior Vin PrddmiorW iary rm«uliwalImuraa «Cmpa.r &Kee Pmid erN« Am Wq Wvm Campavr IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 301b day of September 12008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September .20 0.8 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comamies. °OFF7l7ALSMD' °v, DONNA D. SiQENS /ter -�1NLA ,.,�.IQE'B'n.0 Notary Pabl<6 StateofWmok Donna D. Sklens, Notary Public My l'b�&don Etplroa 1tY06R011 1, James A Cata,emer the duly elected_ _ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and cornet copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1ST day ofSEPTEMBER , 20 09 . rmn a. Ceryann, vr,rv«�amt & amxmt s «rmeyof w.twerpm lmem.doad o=.ma «campeq & NvM Americo Spetiany 4vmmm Company CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Oranee On Sept. I, 2009 before me, Cynthia J Valencia, Notary Public personally appeared Jason Paulus 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 t 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 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. ]� a CYN'N" J. VALENCIA S my hand and official seal. Commission * 1773427 Notary Public - California oronps County Carm.6 Yeeocti $alt + Si f 461y Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Performance Bond Title or description of attached docmnent Number of pages Document Additional lnfo ticn CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title Partner Attorney -In -Fact Trustee Other 0 CERTIFICATE OF LIABILITY INSURANCE OPID a WITE8 � PA[ILU -1 OS 27 09 /27/09 PRODUCER TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONTE MMIPIOOI�n ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services , Inc _ HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 $1,000,000 A X Phone: 949- 553 -9800 Fax:949 -553 -0670 AICG94840900 INSURERS AFFORDING COVERAGE NAIC9 INSURED $100,000 INSURER A: Old Pepe lic General Ine. Corp 24139 PERSONAL &ADVINJURY $1,000,000 INSURER B: Natienal Unien rice Ina. Co. 19445 Paulus EngineeringQ Inc. DEDUCTIBLE INSURER C' 2871 E. Coronado S�reat _ _ INSURER D' $2,000,000 Anaheim, CA 92806 $10,000 BI /PD COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS UP NSR TYPE OF INSURANCE POLICY NUMBER OATECMMNOIYY1'Y ONTE MMIPIOOI�n LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL �LIABILITY CLAIMS MADE L OCCUR ° I AICG94840900 05/01/09 05/01/10 PREMISEStESOauren�I $100,000 MED EXP (Any one person! $5,000 PERSONAL &ADVINJURY $1,000,000 DEDUCTIBLE _ _ GENERAL AGGREGATE $2,000,000 $10,000 BI /PD GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMPIOP AGG s2,000,000 POLICY X PRO- ECT LOC A X AUTOMOBILE LIABILITY ANY AUTO AICA94840900 05/01/09 05/01/10 COMBINED SINGLE LIMIT (En acciderHl $1,000,000 X BODILY INJURY (Per penOn{ $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accwant) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Der acdCarN) $ — GARAGE LIABUJT4 AUTO ONLY- EAACCIDENT $ ANY AUTO EA ACC OTHER THAN $ $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR E� CLAIMS MADE AGGREGATE $ $ S DEDUCTIBLE S RETENTION $ A YIN AND MPS CONP N AND EMPLOYERS' UARILnY OFFICEDOPRETOREXCLUDEEDTECUTIV m AlCW94840900 05/01/09 05/01/10 %� TORY LIMBS ER E.L. EACH ACCIDENT 61,00-0,000- EL.DISEASE- EAEMPLO $1,000,000 (Myyaeennsd�slory in NN) SPECIAN. PRO PROVISIONS below E.L. DISEASE - POLICY LIMIT S1 000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Except 10 Days Notice of Cancellation for Non - Payment of Premium. RE: All operations performed by the Named Insured during the current policy period. This Insurance shall apply as Primary and Non - Contributory per attached endorsement. *SEE NOTES* glaipwv(comp) /auaiwv /wcwv /wet CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLW BEFORE THE EXPRATSB CITYNEP DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I IMPOSE NO OBLIGATION OR MBIUWY OF ANY HIND UPON THE INSURER, $ AGENTS OR City of Newport Beach Public Works Dept. REPREsEw p O P ENT 71YB 3300 Newport Boulevard Newport Beach CA 92663 ACORD 26 (2009101) 1 fF2009ACOR ... RATION. All dghts reserved ThG ACORD name and logo are registered Ws of ACORD 0 POLICY NUMBER: AlCG94840900 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modilies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket - as required by contract As specified in your signed and written ANY PERSON OR ORGANIZATION FOR WHOM agreement in advance of the 'occurrence" for THE NAMED INSURED IS REQUIRED UNDER which the additional insured seeks coverage WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT Information repii2d tocomplete this Schedule, it not shown above, will be shown in the Declarations. Section It - Who Is An Insured is amended to include as an additional insured the person(s) or Organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products completed operations hazard ". CG 20 37 07 04 Copyright, Insurance Services Offices, Inc., 2004 Page 1 or I POLICY NUMBER: AICG94840900 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): locations Of Covered Operations As specified in your signed and written WHERE REQUIRED BY WRI7TEN CONTRACT aar reement in advance of the "occurrence" Any person or organization for whom the named for which the additional Insured seeks insured is required under written contract coversge to furnish this endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declaraiions. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional Insured(s) at the location(s) deslg• nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainten- ance or repairs) to be performed by or on be- half of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 0180 Properties, Inc., 2004 Page 1 of 1 13 • • OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Blanket - as required by contract As specified in your signed and written agreement ANY PERSON OR ORGANIZATION FOR WHOM THE in advance of the "occurrence" for which the NAMED INSURED IS REQUIRED UNDER WRITTEN additional insured seeks coverage CONTRACT TO FURNISH THIS ENDORSEMENT 05/01/2009 As required by written contract: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV — Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Paulus Engineering, Inc. Policy Number AICG94840900 Endorsement No. Policy Period 05101/2009-05/01/2010 Endorsement Effective Date: 05/01/2009 CG EN GN 0029 (09/06) POLICYNUMBER: AlCG94840900 • COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CO 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ 0 • Old Republic General Insurance Corp. ADDITIONAL INSURANCE WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWNG: BUSINESS AUTO COVERAGE FORM The following is added to SECTION II— LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: (1) The coverage or limits of this policy, or (2) The coverage or limits required of said contract or agreement. Name of Person or Organization: Blanket - as required by contract ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT RE: As specified in your signed and written agreement in advance of the `bccurrence "for which the additional insured seeks coverage Named Insured Paulus Engineering, Inc. Policy Number AlCA94840900 Endorsement No. Policy Period 05/01/2009- 05/01/2010 Endorsement Effective Date: 05/01/2009 CA EN GN 0020 (09/06) 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section IV — Business Auto Conditions, A — Loss Conditions, S. — Transfer of Rights of Recovery Against Others to Us: However. we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an "accident" or "loss' if: (1) The "accident or "loss" is due to operations undertaken in accordance with a Written contract existing between you and such person or organization: and (2) The contract or agreement was entered into prior to any "accident' or °loss. No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights of lien to be reimbursed for any recovery funds obtained by any injured employee. Named Insured Paulus Engineering, Inc. Policy Number 1 CA94840900 Endorsement No. Policy Period 05!01/2009- 05/01!201 Endorsement Effective Date: 05/01/2009 Producer's Name: The Wooditch Company Producer Number: CA EN GN 002109 06 • 0 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: WORKERS COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Name of Additional Insured Person(s) or Organization(s): Blanket - as required by contract ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT Location(s) of Covered Operations: As specified in your signer) and written agreement in advance of the "occurrence" for which the additional insured seeks coverage The premium charge for this endorsement is $0.00 Named Insured Paulus Engineering, Inc. Policy Number AlCWW40900 Endorsement No. Policy Period 05/01/2009 —2010 Endorsement Effective Date: 05/01/2009 WC 990315 (09/06) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 09/03/09 Dept. /Contact Received From: Shauna Oyler Date Completed: 09/03/09 Sent to: Shauna Oyler By: Judy V!Ilalobos Company /Person required to have certificate: Paulus Engineering, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Old Republic Insurance Corp. B. AM BEST RATING (A: VII or greater): A; IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ® Yes ❑ No $1 MM /$2MMl$2MM ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ® No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Il. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Old Republic General Ins. Corp. B. AM BEST RATING (A: VII or greater) A; IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Old Republic General Ins. Corp. B. AM BEST RATING (A: VII or greater): A; IX C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ed. 8 2009 ❑ Yes ® No GL & Auto: At endt. is not specific to the City, as blanket covg. applies as required by written contract WC: Waiver of Subrog is not specific to the City, as blanket covg. applies as required by written contract State CI California A•CONTRACTORS STATE LICENSE BOARD �J{ ACTIVE LICENSE c�m,mer U/w ,._,.,....724114 CORP a_ PAULUS ENGINEERING INC 06/30/2010 v ,a OR California Business Search • • Page 1 of 1 DISCLAIMER: The information displayed here is current as of AUG 21, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation PAULUS ENGINEERING, INC. Number: C1783896 Date Filed: 5/15/1996 Status: active Jurisdiction: California Address 2871 E. CORONADO ANAHEIM, CA 92806 Agent for Service of Process RONALD F. PAULUS 2871 E. CORONADO ANAHEIM, CA 92806 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. hftp://kepler.ss.ca.gov/corpdata/ShowAIlLisOQueryCorpNumber--Cl 783896 &pri.. 08/25/2009 Check a License or Home Irovement Salesperson (HIS) Regiseion - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 724114 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. >% Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Certifications: 724114 - .._.......__.._ ............. PAULUS ENGINEERING INC 2871 E CORONADO STREET ANAHEIM, CA 92806 Extract Date: 08/25/2009 Business Phone Number: (714) 632 -3975 Corporation 06/18/1996 06/30/2010 This license is current and active. should be reviewed. CLASS DESCRIPTION All information below A GENERAL ENGINEERING CONTRACTOR CERT DESCRIPTION https:// www2. cslb. ca. gov/ OnIineServices /CheckLicense /LicenseDetai1 .asp 08/25/2009 Check a License or Home I*ovement Salesperson (HIS) Regi*ion - Contr... Page 2 of 2 HAZ HAZARDOUS SUBSTANCES. REMOVAL CONTRACTOR'S BOND This license filed Contractors Bond number 2037843 in the amount of $12,500 with the bonding company NORTH AMERICAN SPECIALTY INSURANCE COMPANY. Effective Date- 01/01/2007 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) RONALD FRANKLIN PAULUS certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 06/18/1996 This license has workers compensation insurance with the OLD REPUBLIC GENERAL.INSURANCE CORPORATION Workers' Policy Number: AlCW94840900 Compensation: Effective Date: 05/01/2009 Expire Date: 05/0112010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright @ 2009 State of California hftps://www2.csib.ca.gov/OnlineServices/CheckLicense/LicenseDetaii.asp 08/25/2009 Encompass Detail Acct. Type: Business Tax License �-: BT96003637 Bus. ID: 0018544 Name: PAULUS ENGINEERING INC Owner PAULUS, RON Name: Owner 714-632 -3975 Phone: Owner C Type: Exp. Date: 3/31/2010 S Addy: 2871 CORONADO E S Addy 2: Addr3: ANAHEIM CA Zip: 92806 B Addrt: 2871 E CORONADO B Add r2: B Addr3: ANAHEIM, CA B Zip: 92806 Phone: 714 -632 -3322 FEIN: 7252 SEIN: Established: 4/1/1996 1623 - WATER, SIC: SEWER & UTILITY LINE CO Owner * 0018544 I�nte. f• CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4066 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 1. Lump Sum Mobilization, Demobilization and Cleanup Dollars and Z�Ko Cents Lump Sum 2. Lump Sum Traffic Control @ 61&,4r TH905AOO Dollars and ?U Cents $ 43, OW Ra Lump Sum 3, 2,000 L.F. Furnish/Install New 8" PVC C -900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing @ 5evea�y -rdo Dollars and -2 ero Cents $ two Per Linear Foot • 0 CONTRACT 4066 PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,100 L.F. Furnish /Install New 6" PVC C -900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing Iko-QQ Dollars and Z: ewn Cents Per Linear Foot 5. 4,350 L.F. Remove /Replace Existing Water Main With New 8" PVC C -900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing @ t5,941`Y TWO Dollars and 1112 Zf✓0 Cents $ �Z $ ' 3S�°� �� Per Linear Foot 6. 3,600 L.F. Remove /Replace Existing Water Main With New 6" PVC C -900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing @ Dollars and -I- pro Cents $ (a � � $ a y4� —?o D e>E Per Linear Foot 7. 389 EA. Remove Existing Water Service and Install New 1" Water Per City Std -502 -1- @ ,:#A1W41S0 st"wrr 0^0C Dollars and Utp Cents $ 77/'w $ -%/i d/9 Per Each 8. 6 EA. Remove Existing Water Service and Install New 2" Water Per City Std -503 -1- @ v T Dollars and 2eRA Cents $ Per Each 0 • CONTRACT 4066 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 30 EA, Furnish/Install 8" Resilient Wedge Gate Valve due rypvra#-ko @ J6aw d&A" '0 Dollars and ZE,CS Cents $ /.900 °° $ T116100 ° Per Each 10. 19 EA. Furnish /Install 6" Resilient Wedge Gate Valve oN�' THo�sw.+r THiC�crt @ Flrary, Dollars and ZECo Cents $ 1,3gp — $ a &Si?-° -� Per Each 11. 13 EA. Furnish/Install Fire Hydrant Assembly -�,,trt- loyysraNa @ Ssysw /Nosso Dollars and Zoo Cents $ 5; 700- Per Each 12, 1 EA. Furnish /Install 8 "x12" Hot Tap Assembly ,,,,r, p yov sar4 P g f�l @ Fw+Qls0 Dollars and ?Ergo Cents $ y )-00-0 $ � Per Each 13. 1 EA. Remove & Dispose 6" ACP (Full:Joint) & Connect With 6" Tee, 6" PVC'C -900 (CL -200) and Transition Couplings —TiNw4rrsTwo54-` 19 @rg&I:6Lw4C.P Dollars and ZE�6 Cents $ A ZOOS $ Per EAch 14. 6 EA. Remove & Dispose Portion of Existing 6" ACP Steel Main & Connect With Fittings, 6" PVC C -900 (CL -200), and Transition Couplings @ tiyamrr.9 1 b%eW Dollars and ZC96 Cents $ ai zYO-90 $ 13, Per Each • 0 CONTRACT 4.066 PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 1 EA. Remove & Dispose Portion of Existing 6" PVC Pipe & Fittings & Connect with Transition Couplings to Join. Existing 8" PVC C -900 Main �h.ae'S OCY srwta @ 14&'r 1koAga.0 Dollars and ZdXG Cents $ a 5X-21 $ Per Each 16. 1 EA. Remove & Dispose 8" ACP (Full Joint) & Connect With 8" PVC C -900 (CL -200) and Transition Couplings wo Ttlauwn-10 Vook @ Nu1j01z60 Dollars and E.XD Cents $ a' (Ix-o $ Per Each 17. 2 EA. Construct 8" Inverted Siphon Per City Std -528 -L SsuEd ffbvSA0wQ @TAJQ Mwsot0- D Dollars and ZE' 7 Zoo $, � Cents $ 7 Per Each 18. Lump Sum Temporary Water Main Bypass Twet�+t�I �►3uri✓ @ Tt1oaSA Nip Dollars and Z K U Cents , $ ay040 at) Lump Sum 19. 3 EA. Remove Existing Manhole & Construct 48 -inch Diameter Manhole per CNB Std -401 -L 3f VLrA0 ThbVSo►rkP @hoi Aw oc o Dollars and Z eYL V Cents $ Per Each CONTRACT 4066 PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 90 L.F. Remove Existing 8" Conc Sewer and Portion of Existing 8" PVC Sewer and Replace with 8" VCP (Extra Strength) Pipe Two �lu.�aa6p @c1ueos�t�+ atcPHT- Dollars and 7 2Aza Cents $ ';VW -2, $ aofs?0 w Per Lineal Foot 21, 4 EA. Remove Existing 8" VCP Pipe and Replace With 8" VCP (Extra Strength) Pipe Point Repair (6' Maximum, 4' Minimum Length Per Location) ZF604 1 Nou sft*j4 @ 5H //r ZOO&O Dollars and ZC& Cents $ (—of Per Each 22. 8 EA. Remove Existing Terminus Sewer Structure and Furnish /Install New Sewer Terminal Cleanout per CNB Std -400 -L .Iwo Movidt /: NTH @ b ¢fir Dollars ao, 000 and &'? Efi Z�2 0 Cents $� $ Per Each 23: 8 EA. Remove Existing Sewer Lateral and Furnish /hrstall New Sewer lateral per City Std-405 -L (4' Minimum Length from Main) Aory @ •�� d -0 y &V c^1 ' and n� 220 Cents $ $ Per Each 24. Lump Sum Pressure Test, Disinfect, and Flush Water Main @ 1S�iyiE r�oJS� Dollars and Cents $ g1000-4 ` Per Lump Sum TOTAL PRICE- IN .WRITTEIRWQRE t', Onv - S nib P, Dollars and 7e*QN0 Cents $ /� y/J 079 Total Price (Figures) Date Bidder 7i063Z-6175'/)ar �i/-OL -18 9 12L Bidder's Telephone and Fax Numbers Bidder's A h ized Signatu a and Title f�E gsldTr� 72y w-/ o N6 c 9288. Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: Ccr ha . Ica M 0 CONTRACT 4066 PR 6 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. Lump Sum Trench Excavation Safety Measures and Implementation @T``31t{0u9^Ajo Dollars and ZE.eG Cents 20 $ — Per Lump Sum 26. Lump Sum Prepare As -Built Plans 7 EpF/Ft' @ Dollars and ZZV6 Cents o $ 0%$' .30 Per Lump Sum TOTAL PRICE- IN .WRITTEIRWQRE t', Onv - S nib P, Dollars and 7e*QN0 Cents $ /� y/J 079 Total Price (Figures) Date Bidder 7i063Z-6175'/)ar �i/-OL -18 9 12L Bidder's Telephone and Fax Numbers Bidder's A h ized Signatu a and Title f�E gsldTr� 72y w-/ o N6 c 9288. Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: Ccr ha . Ica M 1 OF 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PENINSULA POINT WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4066 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.2 Surveying Services 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5 -2 PROTECTION 3 5 -7 ADJUSTMENTS TO GRADE 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 0 0 2OF4 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -9 PROTECTION AND RESTORATION 6 OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 7 -17 TEMPORARY WATER MAIN BY -PASS 9 7 -17.1 General 9 7 -18 SEWER FLOW BY -PASS 10 SECTION 9 MEASUREMENT AND PAYMENT 11 9 -3 PAYMENT 11 9 -3.1 General 11 9 -3.2 Partial and Final Payment 16 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT CONCRETE 17 201 -1.1.2 Concrete Specified by Class 17 201 -2 REINFORCEMENT FOR CONCRETE 17 201 -2.2.1 Reinforcing Steel 17 201 -7 NON - MASONRY GROUT 17 201 -7.2 Quick Setting Grout 17 3OF4 SECTION 203 -5 EMULSION AGGREGATE SLURRY 17 203 -5.2 Materials 17 203 -5.3 Composition and Grading 18 SECTION 207 -9 DOMESTIC WATER PRESSURE PIPE AND FITTINGS 18 207 -9.1.1 Polyvinyl Chloride (PVC) Plastic Pressure Pipe 18 207 -9.1.2 Pipe & Coupling Color & Markings 18 207 -9.1.3 Fittings 18 207 -9.1.4 PVC Pipe Bending & Deflection 19 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 19 207 -9.2.2 Pipe Joints 19 207 -9.2.3 Fittings 20 207 -9.2.4 Lining and Coating 20 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection 20 207 -9.3 Resilient Wedge Gate Valves 20 207 -9.3.1 General 20 SECTION 214 PAVEMENT MARKERS 21 214 -4 NONREFLECTIVE PAVEMENT MARKERS 21 214 -5 REFLECTIVE PAVEMENT MARKERS 21 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 21 300 -1 CLEARING AND GRUBBING 21 300 -1.3 Removal and Disposal of Materials 21 300 -1.3.1 General 21 300 -1.3.2 Requirements 22 300 -1.5 Solid Waste Diversion 22 SECTION 302 ROADWAY SURFACING 22 302 -5 ASPHALT CONCRETE PAVEMENT 22 302 -5.1 General 22 302 -5.4 Tack Coat 22 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 22 302 -6.6 Curing 22 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 23 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 23 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 23 303 -5.1.1 General 23 303 -5.4 Joints 23 0 40F4 303 -5.4.1 General 23 303 -5.5 Finishing 23 303 -5.5.1 General 23 303 -5.5.2 Curb 23 303 -5.5.4 Gutter 23 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 24 308 -1 GENERAL 24 SECTION 310 PAINTING 24 310 -5 PAINTING VARIOUS SURFACES 24 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 24 310 -5.6.7 Layout, Alignment and Spotting 24 310 -5.6.8 Application of Paint 24 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 25 312 -1 PLACEMENT 25 PART 4 -- ALTERNATE ROCK PRODUCTS SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 25 400 -2 UNTREATED BASE MATERIALS 25 400 -2.1 General 25 400 -2.1.1 Requirements 25 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PENINSULA POINT WATER AND SEWER IMPROVI CONTRACT NO. 4066 INTRODUCTION SP 1 OF 25 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5319 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of but not limited to distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing water and sewer lines & related facilities, furnishing and installing new water mains and sewer mains, water services, fire hydrants, valves, fittings & other appurtenances, removing and replacing sewer manholes & cleanouts, and related sewer connections, and restoring of all affected surface improvements, and other incidental items of work to complete the project." 2 -9 SURVEYING 2 -9.2 Survey Services. Add to this section: "The Contractor shall be responsible for the survey controls and construction survey staking services that are necessary to construct the improvements. At a minimum, two (2) sets of layout staking at 50' intervals as well as all angle points, pipe junctions, and other pipe appurtenances, and copies of each set shall be provided to City 48 -hours in advance of any work. SP2OF25 All layout of pipelines and appurtenances, including surface improvement removal/replacement limits, shall be approved in advance by the Engineer (prior to commencing saw -cut and trenching operations) and documented by the Contractor on the field "As- Built" drawings. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work, as well as filing of Corner Records or Record of Survey, if required." 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. (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. SP3OF25 The Engineer shall select an independent testing laboratory and pay for all testing as specked 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: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust and /or replace to finish surface grade as indicated on plans, City-owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments that are affected by the proposed work. New or replaced water valves indicated on the plan or otherwise directed by the Engineer shall have the water valve cover set flush with finish surface grade. 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. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. • • SP4OF25 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 Contractor shall complete all work under the Contract within 120 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1$t July 4tH November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the 0 0 SP5OF25 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. A contractor, working for Southern California Edison (SCE) will be doing construction within Peninsula Point to Underground the overhead utilities. It is the contractor's responsibility to coordinate traffic control with the SCE contractor. 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 - 3432." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 0 SP 6 OF 25 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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 htto://www.citv.newoort- beach.ca.us /oubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to this section: "The Contractor is responsible for protecting all City landscaping, including street trees and City parks within the project work areas. Prior to excavations within five (5) feet of a City street tree, the Contractor shall contact the City Urban Forester, John Conway, at (949) 644 -3083 for disposition of affected trees and Contractor direction from the Engineer." • i SP7OF25 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be 0 0 SP8O1725 the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Public 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 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other • SP9OF25 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class "A" (General Engineering) Contractor's License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans 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. 7 -17 TEMPORARY WATER MAIN BY -PASS 7 -17.1 General. As a part of this project, the Contractor will be responsible for installation of the temporary by -pass water system as described in these special provisions and the plans. The Contractor can commence installation of new mains once the temporary by -pass system is in place and has passed a disinfection test. The Contractor will have the by- pass line inspected by City personnel prior to commencing the project. If at any time, the temporary by -pass water system is damaged, it will be the Contractor's responsibility to repair and replace any damaged or destroyed section to the satisfaction of the City. The Contractor shall adhere to the following special provisions when installing temporary by -pass systems: 1. Water service shall be maintained to all customers at all times except as necessary to install the temporary by -pass system. The Contractor's method of providing such continuous service shall be approved by the City prior to construction. 2. It is recommended that two (2) 2 -inch steel by -pass lines shall be installed, one on either side of the alley adjacent to the meter boxes. All temporary piping crossing streets shall be buried and paved flush with the existing surface. • • SP 10 OF 25 3. The Contractor shall make arrangements for disinfection and bacteriological testing and certification of the by -pass systems from Mr. Alex Soto, Utilities Superintendent, at (949) 718 -3410. The Contractor shall be responsible for disinfection and flushing the by -pass systems. The City will pull the bacteriological samples and run the incubations tests for coliform bacteria. 4. The Contractor will then remove meters and connect services to temporary by- pass systems. Upon acceptance by the City of new water mains, after the water services have been reinstalled by the Contractor, the Contractor will disconnect the temporary by -pass system at each service connection and reinstall meters. 5. The temporary water main by by -pass system installed at any given time shall not exceed the water services between any single alley section (from local street intersection to local street intersection) unless approved in writing by the City in advance of the work, including specific limits of the proposed by -pass. 7 -18 SEWER FLOW BY -PASS The Contractor shall bypass all sewage flows during sewer related construction operations, as required. The bypass shall be made by diverting the effluent flow at an upstream access manhole and pumping it through a separate conduit to a downstream reentry point or to an adjacent Sewer system. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. The Contractor shall at all times be responsible for the operation of this bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. Primary bypass system and backup bypass system shall be designed to handle 120% of the peak flow as specified by the City. Both systems shall be connected together for immediate switch over. A trained operator shall be stationed at the pumps on a continuous basis. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, allowing at least 10 Working Days for review and return of comments. Approval by the City does not in anyway relieve the Contractor of its responsibilities provided for in this section or of any public liability for sewage spills under this Contract. • • SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP 11 OF 25 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization. Demobilization and Cleanup: Work under this item shall include all mobilization and demobilization, preparation, survey controls, staking, pipeline layout, surface removal /replacement limits verification, coordination with the Engineer and scheduling of materials, labor and equipment as necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Furnish and Install New 8" PVC C -900 (CL 200) Water Main & Fittings, Including Trenching, Bedding. Backfill and Resurfacing: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new water main, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water pipe, abandoning existing water mains, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water main complete and in place. Item No. 4 Furnish and Install New 6" PVC C -900 (CL 200) Water Main & Fittings, Including Trenching, Bedding. Backfill and Resurfacing: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new water main, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of pipe, fittings (including tees, crosses, and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of • • SP 12 OF 25 existing utilities, removal and disposal of interfering portions of existing water pipe, abandoning existing water mains, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water main complete and in place. Item No. 5 Remove and Replace Existing Water Main with New 8" PVC C -900 (CL -200) Water Main & Fittings Including Trenching, Bedding, Backfill and Resurfacing: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new water main, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water pipe and appurtenances, abandoning of existing pipes & appurtenances, removal, salvage and delivery of existing fire hydrants and water valves to the City of Newport Beach Utilities Yard, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water main complete and in place. Item No. 6 Remove and Replace Existing Water Main with New 6" PVC C -900 (CL -200) Water Main & Fittings Including Trenching, Bedding, Backfill and Resurfacing: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new water main, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water pipe and appurtenances, abandoning of existing pipes & appurtenances, salvage and delivery of existing fire hydrants and water valves to the City of Newport Beach Utilities Yard, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water main complete and in place. Item No 7 Remove Existing Water Service and Install New 1" Water Service Per City Std - 502 -L: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new services, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of piping, fittings, couplings, and tie -ins, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water service and appurtenances, permanent re- surfacing over new service runs including concrete curbs, gutters and sidewalks, disposal of excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water service main complete and in place. SP 13 OF 25 Item No. 8 Remove Existina Water Service and Install New 2" Water Service Per City Std - 503 -L: Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), final field layout and coordination of new services, sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, furnishing and installation of piping, fittings, couplings, and tie -ins, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water service and appurtenances, permanent re- surfacing over new service runs, including concrete curbs, gutters and sidewalks, disposal of excavated materials, final trench re- surfacing and all other related final surface improvements, and all other work necessary to construct the water service main complete and in place. Item No. 9 Furnish and Install 8" Resilient Wedge Gate Valve: Work under this item shall include installing a 8 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 10 Furnish and Install 6" Resilient Wedge Gate Valve: Work under this item shall include installing a 6 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 11 Furnish /Install Fire Hydrant Assembly (Tee, Thrust Blocks, Lateral, Bury and F.H.): Work under this item shall include installing a new fire hydrant assembly in accord with City of Newport Beach STD - 500 -L, including but not limited to sawcutting and removal of surfacing (AC or PCC), excavation, trenching, bedding, backfilling & compaction, fire hydrant (standard style wet barrel AVK 2470), fire hydrant bury, valve, 6" or 8" lateral pipe (per City Standard), tee, thrust blocks valve box and cast Iron traffic cover, valve extension, removal and replacement of surface improvements (4" AC Hot Mix, concrete curbs, gutters, & sidewalks), removal or abandoning of existing pipes & appurtenances, and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 8 "x12" Hot Tap Assembly: Work under this item shall include furnishing and installing the hot tap assembly in accordance with the City Standard Plans and Specifications, including tapping sleeve, gate valve, hardware, thrust blocks, and all other related materials and work items as required to complete the work in place. Item No. 13 Remove & Dispose Portion of Existing 6" ACP to (Full Joint) & Connect With 6" Tee 6" PVC C -900 (CL 200) and Transition Couplings: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing 6" ACP pipe, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal and disposal of interfering portions of existing water pipe and appurtenances, disposal of excess excavated i • SP 14 OF 25 materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans. Payment for this item of work shall also include full compensation for removal of the adjacent valve at the existing 6" cross and installation of the blind flange, and any other necessary fittings, including thrust blocks, as determined by the Engineer. Item No. 14 Remove & Dispose Portion of Existing 6" Steel Main & Connect With Fittings, PVC C -900 (CL 200). and Transition Couplings: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of interfering portions of the existing 6" steel pipe, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal or abandoning of existing pipes & appurtenances, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans. Item No 15 Remove & Dispose Portion of Existing 6" PVC Main and Fittings & Connect With Transition Couplings to Join Existing 8" PVC C -900 Main: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing 6" PVC pipe & fittings , furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal or abandoning of existing pipes & appurtenances, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 16 Remove & Dispose Portion of Existing 8" ACP to (Full Joint) & Connect 8" PVC C -900 (CL 200) and Transition Couplings: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing 6" and /or 8" ACP pipe (including any hazardous materials handling & certifications), furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground or surface water, protection and support of existing utilities, removal or abandoning of existing pipes & appurtenances, removal or abandoning of existing pipes & appurtenances, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 17 Construct 8" Inverted Siphon Per City Std - 528 -L: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of interfering portions of the existing water main, furnishing and installation of pipe, fittings (including tees, crosses and reducers), couplings, polyethylene encasement, thrust blocks, temporary patching or plating, dewatering, control of ground SP 15 OF 25 or surface water, protection and support of existing utilities, removal or abandoning of existing pipes & appurtenances, disposal of excess excavated materials, final trench re- surfacing and all other related final surface improvements, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 18 Provide Temporary Water Main Bypass and Service Connections: Work under this item shall include furnishing and installing a temporary water main bypass (for potable water use), disinfection and testing, temporary pipe restraint, temporary service connections, disconnection and removal of temporary water services, for all affected water services, one alley at a time (from local street intersection to local street intersection maximum) to accommodate proposed improvements and maintain services as required to complete the work in place. Item No. 19 Remove Existing Manhole and Construct 48 -Inch Diameter Manhole per CNB Std - 401 -L: Work under this item shall include removal and disposal of existing manhole structures, furnishing and installing all materials, sawcutting, removing and disposing of existing surface improvements, exposing existing utilities in advance of work, temporary bypassing of existing sewer main and sewer laterals, excavation, temporary patching or plating, protection of existing sewer to remain, control of ground and /or surface water, disposal of excess excavated materials, backfilling and compaction, furnishing and installing all materials, final trench re- surfacing and all other related final surface improvements, all required material testing, pre -and post - installation CCTV inspection, and all other work necessary to install the manhole complete in place. Item No. 20 Remove Existing 8" Cone Sewer & Portions of Existing 8" VCP Sewer and Replace with 8" VCP (Extra Strength) Pipe: Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main complete and in place. Item No. 21 Remove Existing 8" VCP Pipe and Replace with 8" VCP (Extra Strength) Pipe Point Repair (6' Maximum, 4' Minimum Length per Location): Work under this item shall include, but not be limited to, potholing of existing utilities, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, verification of locations and lengths of point repairs with City Utilities Division, existing pipe removals, temporary patching or plating, bypassing of sewer flow as required, protection of existing sewer to remain, coupling installations, control of ground or surface water, backfill, compaction, disposal of excess excavated materials, compaction and final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, and all other work necessary to construct the sewer main point repair complete and in place. SP 16 OF 25 Item No. 22 Remove Existing Terminus Sewer Structure and Furnish /Install New Sewer Terminal Cleanout per CNB Std - 400 -L: Work under this item shall include removal and disposal of existing terminal structures, furnishing and installing all materials, sawcutting, removing and disposing of existing surface improvements, exposing existing utilities in advance of work, temporary bypassing of existing sewer main and sewer laterals, excavation, temporary patching or plating, protection of existing sewer to remain, control of ground and /or surface water, disposal of excess excavated materials, backfilling and compaction, final trench re- surfacing and all other related final surface improvements, furnishing and installing all materials, all required material testing, pre -and post- installation CCTV inspection, and all other work necessary to install the terminal cleanout complete in place. Item No. 23 Remove Existing Sewer Lateral and Furnish /Install New Sewer Lateral Per City Std -406 -L K Minimum Length from Main): Work under this item shall includes, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, pavement removal and disposal, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer lateral, control of ground or surface water, backfill, compaction, final trench re- surfacing and all other related final surface improvements, pre- and post - installation CCTV inspection, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral complete and in place. Item No. 24 Pressure Test. Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the City of Newport Beach Standard Specifications. Item No. 25 Trench Excavation Safety Measures Implementation: Work under this item shall include but not be limited to submitting a detailed plan to the engineer prior to excavating any trench greater than five feet in depth per the project specifications and implementation of the required shoring and bracing to complete the work in place. Item No. 26 Prepare As -Built Plans: Work under this item shall include providing one set of redlined prints reflecting any changes made during construction. Redline Plans shall be kept clean, fully legible, up to date, and provided to the Engineer prior to request for payment for said work. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS 0 SP 17 OF 25 SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: `The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." 203 -5 EMULSION- AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2' /a percent of weight of the emulsified asphalt. Latex- added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." SP 18 OF 25 Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45.' 203 -5.3 Composition and Grading. Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum. 207 -9 DOMESTIC WATER PRESSURE PIPE AND FITTINGS 207 -9.1 Polyvinyl Chloride (PVC) Plastic Pressure Pipe 207 -9.1.1 General. All polyvinyl chloride (PVC) pipe less than 18 inches in diameter, used for water mains, shall be SDR -14 (Class 200) and shall be manufactured in strict accord with the latest revisions of AWWA Standard C -900 and the applicable ASTM standards, unless otherwise noted. Pipe shall have integral bell and spigot joints with_elastomeric gaskets in accord with AWWA Standard C -900 Section 2.2. Elastomeric gaskets shall comply with the requirements specified in AWWA Standard C -900 Sections 2.1.5 and 2.1.5.1 and ASTM F-477. Material used to produce the pipe and couplings shall be made from Class 12454 -A or B virgin compounds as defined in AWWA Standard C -900 Section 2.1 and ASTM Standard D -1784, with an established hydrostatic design basis rating of 4,000 psi for water at 73.4° F (23° C). The manufacturer shall furnish an affidavit stating that all delivered materials comply with the requirements of AWWA Standard C -900 and these special provisions. The pipe shall be as manufactured by J -M Manufacturing Company, Certainteed Corporation, Pacific Western Extruded Plastics Company or City approved equal. Pipe restraints shall be as manufactured by Star Pipe Products — Star Grips Series type or an approved equal by the Utilities Department. 207 -9.1.2 Pipe & Coupling Color & Markings. Each pipe length shall be marked showing the nominal pipe size, O.D. base, material code, e.g., "PVC 1120 ", dimension ratio number, e.g., DR 14, the AWWA pressure class, and the AWWA specifications designation (AWWA Standard C -900) in accord with AWWA Standard C -900 Section 2.6. Each coupling shall be marked showing the nominal size, O.D., base material code designation, e.g. PVC, dimension ratio number and AWWA designation number. For potable water application, the pipe shall be white or blue in color and the seal of the testing agency that verified the suitability of the material for such service shall be included. 207 -9.1.3 Fittings. All fittings for PVC pressure pipe shall be mechanical joint ductile iron fittings. They shall be manufactured in accord with the latest revisions of AWWA Standards C -110, C -153, C -111, C -104 and Section 207 -9 of the Standard Specifications. All fittings shall be manufactured from ductile iron material. Cast or grey iron shall not be considered as acceptable or as a suitable alternative material. All 0 0 SP 19 OF 25 fittings connecting PVC pipe shall also have mechanical joint ends and be fitted with retainer glands. All fittings shall be thrust- blocked and anchored in accord with City of Newport Beach Standard Drawing STD - 510 -L. Retainer glands shall not be considered a substitute for concrete thrust blocks. Compact body fittings (AWWA Standard C -153) will not be permitted unless otherwise approved by the Utilities Department. 207 -9.1.4 PVC Pipe Bending & Deflection. Combined horizontal and vertical deflections at PVC pipe joints shall not exceed the manufacturer's recommendation. The maximum total deflection allowed shall be (2 °) two degrees per joint. The pipe shall not be laid along curves at a radius less than that listed below. The minimum curve radii are determined by the limit of (2 °) two degrees deflection for PVC pipe joints with factory- assembled bell couplings: Length of Pipe Section Minimum Curve Radius for 20 foot pipe length is 573 feet; and 10 foot pipe length is 287 feet. For curves of small radius, use ductile iron fittings. No longitudinal bending shall be allowed in the installation of PVC pressure pipe 8 inches in diameter and larger. All deflections shall be accomplished by the use of joints and fittings specifically designed for use with PVC AWWA Standard C -900 pipe and the deflections as installed shall not exceed the manufacturers written recommendations. Longitudinal bending will be permitted in 6 -inch and smaller PVC pressure pipe, and shall not exceed the manufacturers written recommendations and AWWA Manual M -23. 207 -9.2 Ductile Iron Pipe and Fittings 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. • 0 SP 20 OF 25 All mechanical joints shall be fully restrained joints." Pipe restraints shall be as manufactured by Star Pipe Products — Star Grips Series type or an approved equal by the Utilities Department. 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read: "The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene." 207 -9.3 Resilient Wedge Gate Valves 207 -9.3.1 General. Where specifically shown on project plans approved by the Engineer, resilient wedge gate valves may be used. Gate valves shall be solid, single, resilient wedge type design and shall equal or exceed the requirements established by specifications of AWWA. Valves shall be as manufactured by AVK or approved equal and shall be per AWWA Specification C -509 for resilient seated gate valves, latest revision. Valve wedge disk and disk nut shall be fully encapsulated in an approved rubber coating. Valves may be furnished with bronze or stainless steel discs. Where cast bronze is approved the bronze shall be comprised of 85 percent copper, 5 percent tin, 5 percent lead, and 5 percent zinc. The stem shall be non - rising, shall be stainless steel. Valves shall be furnished with triple O -ring stem seals and stainless steel bonnet bolts. Bonnet bolts shall be recessed into the valve body and shall be sealed from exposure via a hot -melt applied sealing compound. The operating nut shall be a 2 -inch square 0 0 SP 21 OF 25 bronze stem operating nut. Operating nut shall be held in place with a stainless steel cap nut. . Valve ends shall be flanged end or mechanical joint end as called for in the construction plans. All end configurations shall conform to the pipe manufacture's specifications and the project construction plans. Valve body and bonnet shall be fabricated from ductile iron and shall be electrostaticly coated inside and out. Electrostatic powder coating shall be applied per SSPC SP -6 or SP -10 surface preparation criteria and shall be applied to a preheated material surface via the fluidized bed process or applied via the electrostatic process and then be cured by the post -heat thermal fusion method. Double disc style gate valves shall not be considered as a substitute or and equivalent to resilient wedge gate valves and shall not be permitted. SECTION 214 -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: `Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport - beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. 0 0 SP 22 OF 25 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 resurfacing width of 5 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "11-Y2 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. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III - 132 -AR -4000. All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: `Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 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 SP 23 OF 25 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 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcuts parallel to the centerline of the alley, a minimum of 5' wide, over the entire length of the water main replacement within the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. Concrete alley intersection approach aprons shall be removed and reconstructed (gutter edge to rear of apron) to nearest lateral expansion joint so as to allow for proper installation of the water main improvements as well as a clean replacement of the alley apron and related flow lines" 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 (or brick -like) surface improvements within private property at locations disturbed by the Contractors work efforts, in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3432." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line and finished surfaces tolerances to within 0.01 feet of those elevations established by the survey data compiled by the Contractor as a requirement of this contract and prior 0 0 5P 24 OF 25 to any demolition of existing surface improvements as necessary to join and match existing flow lines and finished surface grades consistent with the pre - project conditions." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. SP 25 OF 25 Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD- 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." 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 as the base materials."