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C-4067 - Central Balboa Water and Sewer Improvements
OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 9, 2012 Mr. Jason Paulus Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 Subject: Central Balboa Water & Sewer Improvements - C -4067 Dear Mr. Paulus: On November 8, 2011, 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 November 18, 2011. Reference No. 2011000588580. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2130201 Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard, Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 1 Fax: (949) 644 -3039 � www.city.newport- beach.ca.us EXECUTED IN FOUR COL ' _8PARCS D0Nn #2130203 yODMIVM; $18^448 CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO, 4067 BOND No. 2130203 FAITHFUL PERFORMANCE BOND The premium charges this Bond is% D8t448.00 ' beiogot\heoateuf$ 25 thousand (f the Contract price. WHEREAS, the City Council uf the City o( Newport Beach, State 0f California, bymotion adopted, awarded to Paulus Engineering, Inc,, hereinafter designated an the "Principa|`, a contract for construction o( CENTRAL GALB<JA WATER & SEWER IMPROVEMENTS, Contract No. 4067 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 o/Newport Beach, all Of which are incorporated herein by this ,eference YVHEREAS' Principal has executed or is about tvexecute Contract No. 4067 and the terms thereof require the furnishing o/a Bond for the faithful performance Vf the Contract; NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE -COMPANY . duly authorized to transact business under the |uwo 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 Ninety-Four Thousand, Seven Hundred Eighty'F«,wrand 0Q/1*0 Dollars ($1,4$4,TQ4.00) lawful money of the United States ofAmerica, said sum being equal \O1O0%nf the estimated amount 0f the Contract, |obo paid {o the City nf Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, out heirs` executors and administrators, x0ocesnurs, or assigns, jointly aod sawe/n||y, firmly by these present, / - THE C0ND|T|(}N0F THIS OBLIGATION |S SUCH, that U the Principal, 8/ the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and pod"nn any Or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made an 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, urfails t0 indemnify, defend, and save harmless the City oy Newport Beach, its officers, employees and agents, mS therein stipulated, then, Surety will faithfully perform the same, inan amount not exceeding the sum specified inthis Bond; otherwise this obligation shall become null and void. ?we As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (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 duty exec ed by the Principal and Surety above named, on the 14TH day of JULY 2010. Paulus Engineering, Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 Address of Surety (714) 550 -7799 Telephone IM CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1 30 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7 -14 -10 before me, Jan C. Moran, Notary Public Date Here freed Name and Title of the Officer ' personally appeared Charles L. Flake JAN C. MORAN COMM. #1789349 •. NOTARY PUBLIC -CALIFORNIA j* ORANGE COUNTY O 1 COMM. EXPIRES FIM 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature %� C. I yl., � Signature of Notary Public OPTIONAL J C . Moran 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: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Parner — ❑Limited 0 General ❑ Attorney in Fact MAY%: ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ 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: RIGHTTHUMBPRINT. DF SIGNER 02007 Naliooal Notary Assaciabon -M50 De Soto Ave., e0 Box 24U- Chatsworth, CA 91313 -2402 v .NalionalNotaryorg (tern #5907 Reorder CallTill-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 LERIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Ahomey(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 (S25,000,000.00) 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 24a 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." \NNaa111N4gJii ,moowvwh 0 cpurry By �+31%SaPOkyFS�. 19 1 SEAL. sxr< aP. A, mare�n, r. a, ldenraemare. amlwoalr<. arwn: nlaemnmm .n.uan.lrnmrancecamp.nr� SEAL�RTi 50 1Q7$ yirm�= &seNor VIM PM1dMt or Korth Ammo" Specialty worsen COmpnny BY David M. ymaq$eoto-r Vin Meld/ I arWavhinplanrfy mUval ramrnno CwnpanP nuuaar+ & VIM PrtSident a(NeMh Amuimn Speci»ay Wuranae Compnvy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington IntorrtR�.ational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September '20A_. North American Specialty Insurance Company - Washington Internationat Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 20_O8, before me, a Notary Public personally appeared Stevan P. AndelSon ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed oftheir respective companies. °0 tSALS " DONNA D.SKI.ENS NdatgPUbiig SarteofIIlhlois Donna D. Sklens, Notary Public nt caawiaiartlsxpuas ttvisfzon - i, James A CaMonter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14th day of July 2010. lopes A. C4mftr, Vira Preaidenta A9ii$tnl Sa mo or Washington tntemWonel haomouCampevy& Noce Ammiten Sync W0,1nmrznae Coinpmy CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange On 07/24/10 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 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 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. Wsahas,6496tary ie�- (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT �l' 1'9BnaAt e Bond _ „__ Title of description of attached document NumBerofpages Document ➢ate Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other OFFICE OF THE CITY CLERK Leilani I. Brown, MMC December 23, 2011 Mr. Jason Paulus Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 Subject: Central Balboa Water & Sewer Improvements - C-4067 Dear Mr. Paulus: On November 8, 2011, 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 November 18, 2011, Reference No. 2011000588580, The Surety for the bond is North American Specialty Insurance Company and the bond number is 2130203. Enclosed is the Labor & Materials Payment Bond. Sincerely, L ' arn 1. 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 #2130203 PREMIUM: INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 BOND NO. 2130203 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 CENTRAL BALBOA WATER & SEWER IMPROVEMENTS, Contract No. 4067 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. 4067 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 Ninety -Four Thousand, Seven Hundred Eighty -Four and 00/100 Dollars ($1,494,784.00) lawful money of the United States of America, said sum being equal t0 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. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the above named Principal and Surety, on the 14TH __ day of JULY 4010. Paulus Engineering, Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 Address of Surety (714) 550 -7799 Telephone CHARLES L. FLAKE /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEbGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange .. On 7-14 -10 before me, Jan C. Moran, Notary Public Date Here Insert Name and Title W the OHicar ' personally appeared Charles L. Flake Nema(s} of Signers) 9 wr�r�s JAN C. MO' COMM. #1789349 NOTARY PUBLIC -CALIFORNIA r ORANGE COUNTY {} `& COMM� EXPIRESFEB. 17, 2412 Place Notary Seal Above 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(ias), and that by his/her/their signature(s) on the instrument the person(s), or the 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. WITNESS my hand and official seal. Signaturelcm ' �.. S areauru lacy Public OPTIONAL o ran 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: Signers) Other Than Named Above: 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 RIGN'rTNUMePRIND ii GF SIGNER i Number of Pages: Signer's Name: • Individual • Corporate Officer -- Title(s): O Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: _ _ Signer Is Representing: RIGIMINUMBPRINT of SIGNER 0 02007 Nallona[ Nobe, Amealion -9350 Do Sato Ave, P.O.aox 2402- Chaeovorth, CA 9131 &2402•v NatlonalNOANOrg Item #5901 R¢ortler- CaIRoi4Rea 4- 800 -816 -6824 NA$ SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY W ASHINCrTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OR 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 PLAICE RICHARD A. COON and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorneys) -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- FIVEMILLION ($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 2413 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 seat 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 seat 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." ��ataAa�I�14r wxm,m, we pit.. n a tP e,:i By �w?£SA'..'is'm`.�yf @ ,2+r 1073 j SMVen P. Andoman,PreilJonta:Chletudiat ivonnirrroroasSpdtonrnte onnnonillnswaxeo Company 2i $EA(, ?yg 707J 4ic +rj— A9rNOr Vke Prrdtleat grNarrb Amrrtean 5peelUty lwvrencr ewnP++nY � b'O ➢avid A Laymen, senor Vice Pmnideni orwoddirglon lafamational Imuranre Company & WuFreadent MNaSF Amoairan apeciarry taeurancn 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 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. Andcrsoyr , 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 ro ective companies. j�QayJtm.t ®u llnois E Donna D. Skiers, Notary Public s 3o@:t2it i 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, CA, as Contractor, entered into a Contract on July 6, 2010. Said Contract set forth certain improvements, as follows: Central Balboa Water & Sewer Improvements - (C -4067) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance. Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �( Executed on MV1 LI, j at Newport Beach, California. BY `4�. )- h 6 L),•, City Clerk v RC['j,/�� Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED jjBY AND I1;111111'',I;I11111111111111111111i111111111111111111111111111111111111111111111 NO FEE WHEN RECORD;�CD 20 2011000588580 10:06 am 11/18/11 Cit Clerk (`. �� 276 418 N12 1 Y O FICE OF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beacfi-IE CITY CLERK 3300 Newport BoglM rd_!.�;'FORT BEACH Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" w 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, CA, as Contractor, entered into a Contract on July 6, 2010. Said Contract set forth certain improvements, as follows: Central Balboa Water & Sewer Improvements - (C-4067) Work on said Contract was completed, and was found to be acceptable on November 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I Executed on / V� ��iM �� , at Newport Beach, California. BY 0 City Clerk21 6 MOWN OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 9, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 2010-2011 Ocean Piers Maintenance (C-4682) • Balboa Island & Other City Sewer Main Points Repairs (C-3802) • 2010-2011 Citywide Slurry Seal (C-4604) • Central Balboa Water & Sewer Improvements (C-4067) • Wastewater Pump Station Rehabilitation (C-3804) • Ocean Front Street and Alley Replacement (C-4316) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.city.newport-beach.ca.us 0---* "17 RECEIVED 2011 SEP - I M 9, 43 NOTICE OF INTENT TO FILE A STOP NOTICE OR BOND CLAINUFFICE OF THE CIRK Date: 08129/2011 cis CITY OF Iv`11111'OBT BEXI I Reported Lender To: BOND #2130203 BOND CO: CULBERTSON INSURANCE SERV 5500 E SANTA CANYON RD #2 ANAHEIM CA 92807 Reported Owner To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92660 In Re: Work of Improvement located at : 12TH ST & BALBOA BLVD NEWPORT BEACH CA "CENTRAL BALBOA WATER & SEWER IMPROVEMENTS" JOB #938 TO ALL CONCERNED: Reported Prime Contractor ��; To: PAULUS ENGINEERING INC 2871 E CORONADO ST ANAHEIM CA 92806 Sub- Contractor To: PAULUS ENGINEERING 2871 E CORONADO ANAHEIM CA 92806 Be advised that we have not received payment in the sum of: $4,970.44 for materials /labor furnished for the above referenced work of improvement. Your failure to make payment for the above amount on or before 09/0712011 will cause us, without further notice, to file a Stop Notice or Bond Claim against the building or improvement described above and /or proceed with any other collection measures we consider necessary for the protection of our investment. This notice is being sent as a matter of courtesy and reflects information true as of this date. If this claim has already been paid, please disregard this notice. Very truly yours, VULCAN MATERIALS CO - WESTERN DIV YUVIA ARREDONDO CREDIT ADMINISTRATOR Forms by Caprenos Inc. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On _ 07/14/10_ 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 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 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. WIT ESS my hand and official seal. CYNTHIA J. VALENCIA Commission # 1773427 Notary Public - Call ornia _ .. Orange County Signature RNotary P.O. (Notary Seal) iVlyComm.IbOes 115,2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Labor & Material Bond Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other TO: City Council Staff Report Agenda Item No. 7 November 8, 2011 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: TITLE: Central Balboa Water & Sewer Improvements — Completion and Acceptance of Contract No, 4067 ABSTRACT: On July 6, 2010, City Council awarded Contract No. 4067 (Central Balboa Water & Sower Improvement Project) to Paulus Engineering, Inc., for a total contract cost of $1,494,784.00 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. 4. Approve Budget Amendment No. 12BA - transferring $133,201.26 from Account No. 7541- C7001002 to Account no. 7541- C6002004 for increased sewer costs. FUNDING REQUIREMENTS: Funds for the construction contract we Account Description Central Balboa Water Improvements Central Balboa Sewer Improvements Central Balboa Sewer Improvements Sewer Pipeline Point Repairs Total Construction Cost: re expended from the followit Account Number 7511- C6002004 7531- C6002004 7541- C6002004 7531 - 07001002 ig accounts: Amount $ 947,498.81 500,000.00 133,201.26 34,453.79 $ 1,615,153.86 DISCUSSION: Central Balboa Water & Sewer Improvements — Completion and Acceptance of Contract No, 4067 November 08, 2011 Page 2 Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under { -} or (days) Over { +} $1,494,784.00 $1,615,153.86 10% or less 81% 120 -10 The work necessary to complete this contract consisted of the replacement of damaged and deteriorated water and sewer mains in Central Balboa from 14th Street to Adams Street along the Ocean Front alleys. The work also included enlargement of mains and betterments to improve both operational efficiency and fire protection capabilities of the water system- The contract has now been completed to the satisfaction of the Public Works department. A summary of the contract cost is as follows: Original bid amount: $ 1,494,784.00 Actual cost of bid items constructed: $1,407,967.00 Total change orders: $207,186.86 Final contract cost: $ 1,615,153.86 There were six change orders totaling $126,116.13. These change orders were the result of additional water and sewer replacement work and costs to remove existing debris. Also, increased quantities were required to replace sewer lines on this project. During construction staff discovered an existing fire service line for the Newport Elementary School that was an unknown and unprotected connection to the City's existing water line. The contractor constructed a new 4" fire service line, backflow assembly, and valve and also lined the existing 8" sewer main on 14th Street which services the school. While working on another City contract (Balboa Island & Other City Sewer Main Point Repairs C -3802 awarded to John T. Malloy, Inc ), staff identified by CCTV that much more sewer main {223 ft} required replacement beyond what was originally planned. This additional sewer repair work also would require the relocation of the existing water main. John T. Malloy's contract did not provide for water replacement work and requested deletion of this point repair. The sewer replacement work mentioned above was added to the Paulus Engineering contract which consisted of: the replacement of 223 -foot section of sewer pipe, relocation and replacement of the existing 6" water main (250 LF ), including new valves, services, fire hydrant and backflow assembly, and traffic control on Agate Avenue and the Bay Front Alley, between Alley 414 -B and 413 -B. Central Balboa Water & Sewer Improvements — Completion and Acceptance of Contract No. 4067 November 08, 2011 Page 3 The project was substantially completed March 22, 2011, at which time the total contract cost was 3% of the original contract amount. The increased Agate Avenue work (change order no. 7) brings the total project cost to 8.1% above the original contract amount. Additionally, the work on Agate Avenue required additional time extending the completion date to June 28, 2011. A summary of the project schedule is as follows: Estimated Completion Date per 2010 Baseline Schedule: April 18, 2011 Project Awarded for Construction: July 6, 2010 Completion Date from Award with Approved Extensions: January 28, 2011 Actual Substantial Construction Completion Date: March 22, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: r A. Location Map B. Budget Amendment RIM s _ lAt ` 1 i. ott,. ®f Newport Beach NO. BA- 12BA -016 BUDGET AMENDMENT 2011 -12 AMOUNT: $133,201.26 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance X Transfer Budget Appropriations fJ No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer expenditure appropriations from the Wastewater Capital Projects budget, Sewer Pipeline Repairs project, to the Wastewater Capital Projects budget, Central Balboa & Peninsula Point project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3643) Description Division Number 7541 Wastewater Capital Fund Account Number C7001002 Sewer Pipeline Repairs $133,201.26 Account Number C6002004 Central Balboa & Peninsula Point $133,201.26 Division Number " Account Number Division Number Account Number ' Automatic System Entry, Signed: �'nn Financial Approv Administrative Services Direktor Date Signed: Adminis e Approval: City Man er Date Signed: City Council Approval: City Clerk Date 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 AM on the 1ST day of July, 2010, at which time such bids shall be opened and read for CENTRAL BALBOA WATER & SEWER IMPROVEMENTS Title of Project Contract No. 4067 $1,620,474.00 Engineer's Estimate 6.:-tlPo9- .. �">r". n G. Badum is Works Director Prospective bider ay obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Prosect Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE.- http://www. Newport Beach CA. gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................29 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of 3 money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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. Vg I N A Contractor's License No. & Classification �A►�J1Ly S � IJ � 1 T� �'£ l2 1 �. Bidder f�lA Signature/Title Date Age^ J t 10 BOND# 7-B PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be iointly and severally held and firmly bound to the City cf Newport Beach, 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 CENTRAL. BALBOA WATER & SEWER IMPROVEMENTS, Contract No. 4067 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16TH day of JUNE ZI , 2010. PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMAPNY Name of Surety 701 SOUTH PARKER STREET #3800 ORANGE CA 92868 Address of Surety (714) 550-7799 Telephone Signatureffitle CHARLES L. FLAKE,ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of both Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 6/16/10 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 3 NOTARY PUBLIC • CALIFORNIA n 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 official seal. Signature Place Notary Seal Above Signature o ry 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 Date: Number of Pages: Signer(s) Other Than Named Above: 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: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s)— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 115907 Reorder: Call Toll -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 Mature 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 24th 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." ��0�`QVGSAllTY/y7�Ui�� �� 6.(�PoRjG $ L% /LL ( /•�`AiIONq(,y� a F.,9ys By yl ,� _—��G°gPO�'F Gp "' J• l. 'n Steven P. Anderson, President & Chief 6xccutivc Otlicer of Washington Int natlonal Insurance Company g j'�L ?1, 1979 ry: n ^ & Senior Vice President of North American Specialty Insurance CompanyBy //,y���llllsta `� y•'y Y'o David M. Layman, Senior Vice President of Washington International Insurance Company �4�oa�NiliatM�µN`° & Vice President of Norlh American Specialty Insurance 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 20 pg • North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 30th day of September 20� before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington Intemational 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 comnanies. "OMCIALsEAZ DONNA D. SIQENS Notary Public, State of Illinois My Cootmiss;orcPxpiics'Io/QGILOII ko,�t,w �) _UAVX Donna D. Sklens, Notary Public 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 16 thday of June 20 10 James A. Carpenter, Vice President & Assistant Secretary of Washington Intemational Insurance Company & North American SpecialtyInsurance Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/16/10 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 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 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. ,__ _ _ _ _ _ CYNTHIA J. VALENCIA Commission # 1773427 Notary Public - California Orange County Signat 'of Nota ublic (Notary Seal) MVCOMM es Oct 15,2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bid Bond Title or description of attached document Number of pages Document Date Additional In fonnation CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer Partner Attorney -In -Fact Trustee Other x /Title President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 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 °i° of Number Total Bid Name:' f45 —14c 3 C7 C Mh cnt �e Address: /32o x, (off S1 .r to foo COAonA, SA 9tpy% Phone: yf/- 2 7� 4 State License Number: A 7,�o Name: WI CS Snc , oS h % Address: �(od0 Al4rvkaell jor, Wb Gd/ion. C;4 IRIAv Lk Phone: 9X11, Y75 — 7(0 91 State License Number: Name: Address: Phone: State License Number: (,�(Aws -oJ G I,,c '- — Bi der Autho Hso nature/Title CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/29/10 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 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 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. +� CYNTHIA J. VALENCIA Commission # 1773427 Z ,'� Notary Public - California Orange County Sign oOaryPubfi (Notary Se N►yCanm.EgresOct 15,2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Designation of Subcontractors Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. me 12S r/I l l E'f/moi L iiC FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Citywide Sanitary Sewer Improvements Project Name/Number Project Description Install Over a Mile of 1 S" ewer ine r Approximate Construction Dates: From Feb 09 To: Apr 09 Agency Name Contact Person Sean Ramzy Telephone ( ) 714-765-5059 500,000 367,918 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Work Removed By City 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 E No. 2 Monroe St. Trunk Sewer / 906 Project Name/Number Project Description Install Over a Mole of 12" Sewer Line Approximate Construction Dates: From Sep 08 To: Dec 08 Agency Name Coachella Valley Water District Contact Person Jorge Meza 760-391-9637 Telephone ( ) 000 7 Original Contract Amount $ 1,200,Final Contract Amount $ 7 13"5 z 8 If final amount is different from original, please explain (change orders, extra work, etc.) Bid was low do to price cuts 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 No. 3 Sewer Repl. Project 2007-08 / 895 Project Name/Number Project Description Install 18" Sewer up to 24' Deep, Approximate Construction Dates: From Sep 07 To: Agency Name City of Fullerton Contact Person Eric Villagracia Telephone ( ) 714-738-6853 oo0 soo, Original Contract Amount $ i,Final Contract Amount $ 1,100,218 If final amount is different from original, please explain (change orders, extra work, etc.) Bid was low do to price cuts Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Bayview Sewage Lift Station / 896 Project Name/Number Project Description Bypass & Replace Main Lift Station Pumps k --Vaults Approximate Construction Dates: From Feb 09To: Agency Name Irvine Ranch Water District Contact Person Anita Arant May 09 949-453-5300 Telephone ( ) Original Contract Amount $ 319,000 Final Contract Amount $ 429,000 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - 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 No. 5 21 " Arroyo Simi Trunk Sewer Project Name/Number Project Description Install 21 " PVC Sewer line w/ Bore Under R/R Tracks Approximate Construction Dates: From Nov 07 To: Jul 08 Agency Name Ventura County Waterworks Contact Person Cefe Munoz Telephone ( ) 805-378-3020 Original Contract Amount $ 350,000Final Contract Amount $ 3 U, 0 C) a If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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 yiSignature/Title ctor's current financial co itions. 4U LJ S � NG f^ekX r� o Bidder Autho 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 NON -COLLUSION AFFIDAVIT State of California ) ss. County of XS , be'X first duly sworn, deposes and says that he or she is 1 Oak/ i of ?A' SAJ&I.V&ff L 1 *J G , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or shard; 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 I declare under penalty of perjury of the laws of the State of Cal r Bidder Authorized foregoing is true and correct. nature/Title ra Subscribed and sworn to (or affirmed) before me on tlVday of 2010 by GLt S 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 foregoing paragraph is true and correct. CYNTHIA J. VALENCIA Commission # 1773427 [SEAL] z :"m Notary Publlc - Callfornla Orange County my Comm. 6= Oct 15, 2011 13 thPws of the State of California that the ota ublic My Commission Expires: 16-15-- / CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 DESIGNATION OF SURETIES Bidders name 6NG/, G Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): C-�x 14 (� yg)s� —Ai Sf e • 9 00 jaw s � � ►�� , �. N&-OOIFD C� c,t llav��an I �► s .� v�,, r.:�.s l�i� . (6m�� Ss� [% • S►��.�7A � �,� ,vw,- qac �� �iai-Os3� �t����vt 2�, ( o vna�tri c ��i�► c a l • � &u��c 1 �6 � S $� 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL C(, Bidders Name Q LJS (, 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts D Total dollar Amount of Contracts (in Thousands of $)�'�s b •�%� L• 3a �� y �v No. of fatalities No. of lost Workday Cases 6 O p No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder ANw3 Business Address: At Business Tel. No.: - State Contractor's License No. and Classification: //91(%�- Title �% 19C5.4-) -- 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 S 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, joint 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. f NOTARY ACKNOWLEDGMENT MUST BE ATTACHED] 16 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/29/10 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 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 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. CYNTHIA J. VALENCIA Commission # 1773427 Notary Public - California Orange County ADDITIONAL OPTIONAL INFORMATION f Sign ootary Public DESCRIPTION OF THE ATTACHED DOCUMENT _Business Name & Lic. No. description of attached document Number of pages Document Additional Information � ; -u £ ' • 0(Notary Seal) Cor>xn•Ex aresOct15,2011 CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 ACKNOWLEDGEMENT OF ADDENDA Bidders name / /.�Lvj b (0 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address- 2811 e. (o rA L-4 L. -o 5 44 6 JAJ (. f Telephone and Fax Number: //# 7/y -L 34— California State Contractor's License No. and Class: lay (REQUIRED AT TIME OF AWARD) Original Date Issued: — G Expiration Date:C� y 3a ^ ZO (� List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Iurcr��c.c.E' �v�� rnl�G Corporation organized under the laws of the State of (44t,I 1=ottN% 1 CIO The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: _ All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / Are any claims or actions unresolved or outstanding? Yes /0)0 19 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. 6on (6 llN9i;,0j r✓G Bidder On appeared basis of satisfacto � instrument and ackr capacity(ies), and th behalf of which the p 06SONI P411,ALL&S (Print name of O ner or President of CorporatioWmpany) Authorized Owature/Title Y,e SroWA.) r Title (-..,?q-Zo/G Date before me, Notary Public, personally who proved to me on the evidence to be the person(s) whose name(s) is/are subscribed to the within wledged to me that he/she/they executed the same in his/her/their authorized \by his/her/their signature(s) on the instrument the person(s), or the entity upon sdp(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 'slea1. Notary Public in and for said State My Commission Expires: (SEAL) 20 �� c CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/29/10 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 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 entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature f Notary Public CYNTHIA HIA J VALENCIA COMMISSIon 011773427 •'� Notary Public - California Orange County (Notary Sea) Cd�n' EX es OCt 15, 2011 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bidder Information Title or description of attached document Number of pages Document Date Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President Partner Attorney -In -Fact Trustee Other CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER & SEWER IMPROVEMENTS CONTRACT NO. 4067 THIS CONTRACT entered into this day of , 2010, 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: CENTRAL BALBOA WATER & SEWER IMPROVEMENTS The work necessary for the completion of this contract consists of but not limited to distributing notices to affected residents, traffic control, locating and potholing existing utilities, 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. 4067, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, 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 22 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million, Four Hundred Ninety -Four Thousand, Seven Hundred Eighty -Four and 00/100 Dollars ($1,494,784.00). 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 PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644-3314 CONTRACTOR Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 714-632-3975 714-632-1809 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 23 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. 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 Contract, 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 accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 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 Contract. 25 g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting_ Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue.and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 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 MER 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 27 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 NEWPORT BEACH A Municipal Corporation ORT By: Leilani I. Brown2� Keith D. Curry CITY CLERK 4 = Mayor O APPROVED AS TO FORM: CA 01: PAULUS ENGINEEPING, INC. X nei'ia sistant City torn yp V (¢g(porate Officer) Title: _ZJLGS l 17vT� `7 Print Name:�r�Gt cis By: (Financial Officer) Title: 0 e o Print Name: &I C- kt g e jtt YLJZ-", Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. Page: i of t -6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �04 m� D ADDENDUM NO. 1 CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4niS7 DATE: June 23, 2010 TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS Revise Specifications item no. 47 to read: Item No. 47 Remove Existing Sewer Cleanout and Construct New Cleanout Structure Per Std -406-1- On Private Property As Directed By City Representative: Work under this item shall include, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer lateral and making adjustments to the lateral on the private side of the property line, control of ground or surface water, backfill, compaction, final trench re -surfacing and all other related final surface improvements, pre- and post- installation CCN inspection, disposal of excess excavated materials, and all other work necessary to construct the sewer lateral cleanout complete and in place. Page: 2 of 1,3 PROPOSAL Replace the Proposal with the attached Addendum Proposal Dated June 23, 2010. PLANS: Revise construction note 48 on sheet 1 to read: 48 Remove existing sewer cleanout and construct new cleanout structure per Std -406- L on private property as directed by City representative. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) (P -dl- ao, 6 Date � Authoriz6 Signature & Title i:luserstpbwksharedlconlractslfy 09-10\central balboa water main c -40671a dendum no. tdoc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/29/10 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 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 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. CYNTHIA J. VALENCIA Commission # 1773427 Notary Public - California Si re Notary Pu i ADDITIONAL OPTIONAL INFORMATION " Orange County Corrun. res Oct 15,2011 (Notary S DESCRIPTION OF THE ATTACHED DOCUMENT Addendum No. 1 Title or description of attached document Number of pages Document Additional Infonnation CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer Partner Attorney -In -Fact Trustee Other x /Title President `� ® CERTIFICATE OF LIABILITY INSURANCE DA o,/08/10) ACORL7 OP ID RG THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: The Wooditch Company Insurance PH NE FAX Services, Inc .Ext A/C, No, _ (A/C, No): - - NTAIL.. )--------------__ _. _.. -.-. 1 Park Plaza, Suite 400 ADDRESS: Irvine CA 92614 -PRODUCER -- - - - - CUSTOMER ID #: PAULU-1 Phone:949-553-9800 Fax:949-553-0670 - -- INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Old Republic General Ins. Corp 24139 Paulus Engineeringg Inc. INSURER B: 2871 E. Coronado Street - - Anaheim, CA 92806 INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 1-0 WHICH THIS CERTIFICATF MAY BE ISSI IED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR -. - -------- - -_ -- ..-ADDL{"SU IR __._.-----._. _. _. LTR TYPE OF INSURANCE INSR' WVDI POLICY NUMBER _ _ POLICY EFF ._.i-7OL1CYEXP--_- ' (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY l EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ �A1 CG94841001 DAMAA / PREMGET�RENTEO �.Eo occurrence) 5100,000 CLAIMS -MADE X] OCCUR -- .PREMISES i05/Ol/11 - -- MED EXP (Any one person) -. $ 5,000 I PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GENT. AG GREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POI If `! j{ PRO''. LOC JECT '''' _._ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO AICA94841001 - (Ea accident) 011/01/10 i05/01/11 - -- - BODILY INJURY (Per persons $ ALL OWNED AUTOS,' BODILY INJURY (Per accident) $ SCHEDULED ADIOS X PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON-O\NNED AUTOS $ ',.. $ UMBRELLA LIAB OCCUR',, �', �h EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE; 11 I AGGREGATE $ DEDUCTIBLE —J ,-_ _.. RETENTION $ $ A WORKERS COMPENSATION AlCW94841001 ios/ol/l0 05/ol/u X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN IE1 _ TORY_LIMITS ER ANY PR(-)PRIETOR/PARTNERiEXECUTIVEM EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 'N / A X (Mandatory in NH) L DISEASE EA EMPLOYEE $ 1 000 000 If yes describe under DESCRIPTION OF OPERATIONS below -E E L. DISEASE - POLICY LIMIT , , $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) *Except 10 Days Notice of Cancellation for Non -Pa ant of Premium. RE: Central Balboa Water and Sewer Improvements; Contract #4067. City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are included as Additional Insureds as respects General Liability per attached endorsement. *SEE NOTES* glaipwv/auwv/wcwv/x CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYNEP THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Newport Beach Public Works Department AUTHORIZED REPRESENTATIVE 3300 Newport Blvd. P.O. Box 1768 Newport Beach CA 92658 .d CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD PAULU-1 PAGE 2 NOTEPAD. INSURED'S NAME Paulus Engineering, Inc. OP ID RG DATE 07/08/10 *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* NOTEPAD: HOLDER CODE CITYNEP PAULU-1 PAGE 3 INSURED'S NAME Paulus Engineering, Inc. OP ID RG DATE 07/08/10 This Insurance shall apply as Primary and Non -Contributory per attached endorsement. Waiver of Subrogation for Workers Compensation, General Liability, and Auto Liability: See Attached Endorsements. POL►CY NUMBER: Al CG94841001 COMMERCIAL GENERAL LIABILITY CG 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 Or anization s : Locations Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT As specified in your signed and written agreement in advance of the "occurrence" Any person or organization for whom the named for which the additional insured seeks coverage insured is required under written contract to furnish this endorsement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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) desig- 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 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 11 POLICY NUMBER: Al CG94841 001 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 modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ame Of Additional Insured Person(s) Location And Description Of Completed r Organization(s): 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 it seeks coverage WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT Information required to complete this Schedule, if not shown above, will be shovom in the Declarations. 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" 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 0-1 Cohvriaht. In,urance Scr%icc� 01riccs. Inc.. 2004 I agc I or I 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 Organ izatio n(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 05/01/2010 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 Al CG94841001 Endorsement No. Policy Period 05/01/2010-05/01/2011 Endorsement Effective Date: 05/01/2010 CG EN GN 00.19 (09/06) POLICY NUMBER: Al CG94841001 COMMERCIAL GENERAL LIABILITY CG 24 04 10 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. (It nu entry appears above, information required to complete ibis endorsement will be shown in the Declaiatiuns as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — GUMMtKGIAL (3tNtzRAL LIABILI I Y UUNDITIONS) 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. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ 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. I HI6 tNUUKStMEN I MUUIFIES INSURANGE PROVIDED UNDER THE FOLLOWING. BUSINESS AUTO COVERAGE FORM The following is added to Section IV — Business Auto Conditions, A. — Loss Conditions, 5. — Transfer of Rights of Recovery Against Others to Us: I lowever, we will waive any right of recovery we have against any porton 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) Tha rnntract 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 A 1 CA94841001 Endorsement No. Policy Period 5/01/2010-2011 Endorsement Effective Date: 105/01/2010 Producer's Name: The Wooditch Company Producer Number: CA EN GN 0021 09 06 OLD REPUBLIC GENERAL INSURANCE CORPORATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I HIS ENUUHSEMEN I MUUII-IES INSUHANUE HHUVIUEU UNUEH I HE I-OLLUWINU: 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 (INDFR WRITTEN CONTRACT TO FURNISH THIS ENDORSEMENT Location(s) of Covered Operations: As specified in your signed 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 Al CW94841001 Endorsement No. Policy Period 05/01/2010-2011 Endorsement Effective Date: 05/01/2010 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: 07/20/2010 Dept./Contact Received From Date Completed: 07/20/2010 Sent to: Shauna Oyler By: Company/Person required to have certificate: Paulus Enq GENERAL LIABILITY A. INSURANCE COMPANY: Old Republic General Ins. Cor B. AM BEST RATING (A-: VII or greater): "A"(IX) C. ADMITTED Company (Must be California Admitted) Shauna Ovler it1r.1rrr. Michelle Ross Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No 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 N No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: 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? N Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. 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? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: AlUlel B ff c7a4� 20, 2010 Agent of Brown & Brown Date Broker of record for the City of Newport Beach ---------------------------------------------------------------------------------------------------------------------------- ❑ Requires approval/exception/waiver by Risk Management B&B initials Comments: Approved: Risk Management Date ® Yes ❑ No ® Yes ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4067 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. 4067 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, Demobilization and Cleanup @-7K�uss,v Dollars and Z� 2'. Cents $ 3=— Lump Sum 2. Lump Sum Traffic Control Dollars and ZecleG Cents $ 0,000 -so Lump Sum 3. 200 L.F. Furnish/Install New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section A2) C) Dollars and Cents Per Linear Foot CONTRACT 4067 PR2of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 160 L.F. Furnish/Install New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section B) @fx Vc Dollars and ZA2a Cents $ 4 Ste' $ /0,4/UOJ-P Per Linear Foot 5. 110 L.F. Furnish/Install New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, & Backfill (Section F) @39V6A-V TWO Dollars and 74ci20 Cents $ 702 $ 7 z -20 Per Linear Foot 6. 310 L.F. Furnish/Install New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Re -sodding (Section G) @ 1; FV:7Ae_f5s Dollars and Cents V30 Jb Per Linear Foot T- 7. 60 L.F. Furnish/Install New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section H) @ "y 9'(&+4 r Dollars and Zex o Cents $ 7? -w $ Y (o 20 Per Linear Foot 8. 450 L.F. Furnish/Install New 6" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section B) Dollars and Per Linear Foot CONTRACT 4067 PR 3 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 310 L.F. Furnish/Install New 6" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section E) @ jC16or`t Dollars and 215-90 Cents $ 210 s?a $ .2 1700-174 Per Linear Foot 10. 520 L.F. Remove/Replace Existing Water Main With New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section A2) @$6;XVr-e )Ciolg_ Dollars and l cto Cents $ 77 57-00 $ 040 .16 Per Linear Foot 11. 200 L.F. Remove/Replace Existing Water Main With New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section B) @ JElI4JrY #Z -Dollars and Cents $ 73 9h) $ /4'i, 6etc —to Per Linear Foot 12. 1,600 L.F. Remove/Replace Existing Water Main With New 8" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section C) @+/Fr•/ - S Dollars and Cents $ 5z = $ 8 n Per Linear Foot 13. 900 L.F. Remove/Replace Existing Water Main With New 6" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section Al) @six& uiGyr Dollars and Z Ky Cents $ % $ G li Zoo '°v Per Linear Foot CONTRACT 4067 PR4of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 1,170 L.F. Remove/Replace Existing Water Main With New 6" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing (Section D) @ y Dollars and 7Z Cents $ 6 8 Per Linear Foot 15. 192 EA. Remove Existing Water Service and Install New 1" Water Per City Std -502-L *llars and Z� G Cents $ A `-� $ t Zdg--� Per Each 16. 8 EA. Remove Existing Water Service and Install New 2" Water Per City Std -503-L oar rH60SAA✓p @ -51-A 1/vudoCe-y Dollars and z4 'i. s' Cents $ 0O.L $ Per Each 17. 13 EA. Furnish/Install 8" Resilient Wedge Gate Valve dwiC-t 00a!lWJ40 v#jrA Dollars and 7eozo Cents $ It 46000 $ Per Each 18. 15 EA. Furnish/Install 6" Resilient Wedge Gate Valve - o�o�-sM.� p @ �(VA,aub4Cb Dollars and 2AE'/ G Cents $ I )� $ 2 sft 'so Per Each 19. 10 EA. Furnish/Install Fire Hydrant Assembly * ovwt TA 60j'~0 @ Awr 94a t"I7 Dollars and 7.690 Cents $ $ � W6 .� Per Each CONTRACT 4067 PR5of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 1 EA. Famish/Install 8"x12" Hot Tap Assembly t"ovteTFtvSA-► $ tic Dollars and / Cents $ Per Each 21. 2 EA. Remove & Dispose Portion of Water Main & Connect with Transition Couplings to Existing 4" Water Line lZio 0F:%Ov kP#.► h @F;J HoA)0,K4'O Dollars and 7Zt�_/ZG Cents $$ A000 Per Each 22. 8 EA. Remove & Dispose Portion of Water Main & Connect with Transition Couplings to Existing 6" Water Line Two .iytc�SA-,�1� @y� uAiV EP Dollars and z Z Cents $ L�--� $ ----too O Per Each 23. 8 EA. Remove & Dispose Portion of Water Main & Connect with Transition Couplings to Existing 8" Water Line ILk% 'MDv __A^"W @3&t1LW kAjOae- Dollars d G Cents $yy 700 $ 9 it (i00 Per Each 24. 1 EA. Remove & Dispose Portion of Water Main & Connect with Transition Couplings to Existing12" Water Line IWE'['-tloo&A b Ca-rF 4JtyU0j2,4rb Dollars and �J2Cti Cents $ 3,ZCX1 Per Each CONTRACT 4067 PR6of11 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 25. 7 EA. Construct Reinforced Concrete Collar at New Valve(s) Flush with Existing Adjacent Concrete Qoardwalk x1111(r &WOW&W @A�i Gr_Dollars and Cents $ `m g_o ���C3 O Per Each 26. 42 LF. Furnish and Install 12-3/4" OD Steel Casing with 6" C-900 (CL -200) Pipe 41�� ,wtitw;�7 @ /%ddrNT-*V" OAA!- Dollars and 'C Cents $ I Z I $� Per Lineal Foot 27. 14 LF. Furnish and Install 12-3/4" OD Steel Casing with 6" C-900 (CL -200) Pipe .0)4c Husjovw @ Tl.&*_n-r OW6 Dollars and Ze-k Cents $ 12 Per Lineal Foot 28. 1 EA. Furnish and Install 6"x4" DI Tee with 4" RW Gate Valve and Thrust Blocks -� Dollars and ziLO Cents $ �► 3J—w $ Per Each 29. 1 EA. Furnish and Install 8"x4" DI Tee and Thrust Block dulls'" ?"lj,SAA_b ©oJi5- APA4 26fi h_Xr Al Do I I a r and 'UE-" Cents Per Each 30. 1,900 S.F. Remove and Construct Reinforced Concrete Boardwalk @fes Dollars o� and I � [� 706 Cents Cents $ F / Per Square Foot CONTRACT 4067 PR7of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 31. 30 L.F. Furnish/Install New 4" PVC C-900 (CL -200) Water Main & Fittings, Including Trenching, Bedding, Backfill, & Resurfacing @ SFr Y /YE" Dollars and i2v Cents / Per Lineal Foot 32. 320 S.F. Remove and Construct Interfering Concrete Padsand Sidewalks to Match @ A7e!yr'*'/Dollars and Cents Per Square Foot 33. 8 EA. Cut in New 8" Resilient Wedge Gate Valve On Existing Main at Locations Directed by City Engineer 1wo'r�3�/1D @sixx�10�r1�'/l Dollars and `2LAAD Cents $ $ Per Each 34. 1 EA. Remove Exist 12" Gate Valve and Furnish/Install 12" Resilient Wedge Gate Valve 4-(. w2 " r4ADV 5A.W.)VIO @ wer 0t»A0rf&V Dollars and -� _0 Cents $ /'/00 w $ �GO Per Each 35. Lump Sum Temporary Water Main Bypass and Service Connections @ HuuA267-_a Dollars and Z+— Cents $D Lump Sum CONTRACT 4067 PR8of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 36. Lump Sum Pressure Test, Disinfect and Flush New Water Mains S IXTOWAJ 7-ftVSA�u r7 IFN A WVW.E0 Dollars and / / V 7�tA / 7M -56 �Ip� Cents � $ Lump Sum 37. Lump Sum Trench Excavation Safety Measures for Water Systems and Implementation 5CWA)T4-10L)5^jP @517% f%1JA401 C4 Dollars andGov Z Cents $ i Lump Sum 38. 4 EA. Remove Existing Manhole & Construct 48 -inch Diameter Manhole per CNB Std -401 -L '- Vxx� -mooxANn ?W'00,6- @ I-1u#✓,n/j1ro Dollars and .5 _Z.tE-" Cents $ J� Per Each 39. 160 L.F. Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfill, Resurfacing (Section B) DAJ AuaJ,p12Z1 (c��E1/Eh7-r ,Vj,W,,M Dollars and 7145 O Cents ^6 $ Per Lineal Foot 40. 1,210 L. F. Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Sewer Pipe, Including Trenching, Bedding, Backfill, Resurfacing (Section D) -7-- 14�- r=- M 4w- Dollars and Cents $ Z?f== $ 273 Per Lineal Foot CONTRACT 4067 PR9of11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 41. 4 EA. Remove Existing 8" VCP Pipe and Replace With 8" VCP (Extra Strength) Pipe Point Repair (6 Maximum, 4' Minimum Length Per Location) -bale T�-bu-%O*v r? @ YE t(v,�►1WKC19 Dollars and 7-45-t0 Cents Per Each 42. 1 EA. Construct New 48 -inch Diameter Manhole per CN Std -401-L ,QTAOOUVJ n dot @ a►AM60 .SI xn� Dollars and� � Cents $ '7i � $ Per Each 43 45 42 EA. Remove Existing Sewer Lateral and Furnish/Install New Sewer lateral to Property Line per City Std -405-1- as Directed by City Representative n>t x 144 ^-,wPf E0 @ FlF� Dollars and 79E-67 Cents Per Each $ 570-jC4 $ 0 71 3q) 0 41 EA. Reconnect New Sewer Lateral from New Sewer Main to Join Existing Sewer Lateral per City Std -405-1- as Ducted by City Representative "- Iv C- 4v 0"1rO @Tk)dMylrq_!rA r1ro9 Dollars and '0 -Z�—Cents $ Per Each Lump Sum Remove Existing Sewer Manhole Vault, ackfill and Resurface 'sW Sam SrX A WEp Dollars and ,,%LU Cents Per Lump Sum CONTRACT 4067 PR 10 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 46. Lump Sum Core and Join Existing County Manhole Grout Voids Around Manhole Inlet .and +000- "T* V S.A0j q @Frotjo2 Ajk)k2eAF.0 Dollars and Z4.".KG Cents $ Per Lump Sum 47. 17 EA. Remove Existing Sewer Cleanout and Construct New Cleanout Structure per City Std -406-L on Private Property as Directed by the City Representative .jCl (1FFr f�WpK,tr @- Dollars and 7 �l�_) Cents $ ^`� $Z Per Each 48. Lump Sum Temporary Sewer Main Bypass System UX_A.► T y,3A0A1 ©AW @ a Dollars and ZgE-k^_Cents $ �� Per Lump Sum 49. Lump Sum Trench Excavation Safety Measures For Sewer Systems and Implementation @'I aUTODOSAW Dollars and -Z' C;eD Cents $ �� 0yzi-sv Per Lump Sum 50. Lump Sum Trench Dewatering @ Dollars �, and Z� -0 Cents $ qOd � Per Lump Sum 51. Lump Sum Prepare As -Built Plans Dollars and Cents $ Per Lump Sum CONTRACT 4067 PR 11 of 11 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS V..�� Wt.Luo.. '1il¢EB Nu.,�¢ED ir,sr�.fvuR. 77k�utA..D ho`"'QNu,uoQ£.? E�GH� Fv.+.�, and Zap�_� Cents r -a9- ao/o Date 764IR-3975" FX 7i�- (-3Z-19607 Bidder's Telephone and Fax Numbers -Idy i/V 14 Bidder's License No(s). and Classification(s) Dollars $ "13, ygy �a Total Price (Figures) S cir/ i Bidder Ar Bidder's Signature and Title PJ 71 Z_,(oevAAP6 #A,1AA61AV4- 7U'06 Bidder's Address Bidder's email address: ('G.uw ih e ( 112 /..,Cvon a: r�.e..�►; SP -INDEX 1 OF 4 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4067 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 4 SP -INDEX 2 OF 4 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 6 7-10.1 Traffic and Access 6 7-10.2 Storage of Equipment and Materials in Public Streets 7 7-10.3 Street Closures, Detours, Barricades 7 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 8 7-10.7 Notice to Residents 9 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 7-17 TEMPORARY WATER MAIN BY-PASS 10 7-18 SEWER FLOW BY-PASS 11 SECTION 9 MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment 23 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 23 201-1 PORTLAND CEMENT CONCRETE 23 201-1.1.2 Concrete Specified by Class 23 201-2 REINFORCEMENT FOR CONCRETE 23 201-7 NON -MASONRY GROUT 23 SECTION 203-5 EMULSION AGGREGATE SLURRY 23 SP -INDEX 3 OF 4 SECTION 207-9 DOMESTIC WATER PRESSURE PIPE AND FITTINGS 24 207-9.1.1 Polyvinyl Chloride (PVC) Plastic Pressure Pipe 24 207-9.1.2 Pipe & Coupling Color & Markings 24 207-9.1.3 Fittings 24 207-9.1.4 PVC Pipe Bending & Deflection 25 207-9.2 Ductile Iron Pipe for Water and Other Liquids 25 207-9.2.2 Pipe Joints 25 207-9.2.3 Fittings 26 207-9.2.4 Lining and Coating 26 207-9.2.6 Polyethylene Encasement for External Corrosion Protection 26 207-9.3 Resilient Wedge Gate Valves 26 207-9.3.1 General 26 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 27 300-1 CLEARING AND GRUBBING 27 300-1.3 Removal and Disposal of Materials 27 300-1.3.1 General 27 300-1.3.2 Requirements 27 300-1.5 Solid Waste Diversion 28 SECTION 302 ROADWAY SURFACING 28 302-5 ASPHALT CONCRETE PAVEMENT 28 302-5.1 General 28 302-5.4 Tack Coat 28 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 28 302-6.6 Curing 28 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 29 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 29 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 29 303-5.1.1 General 29 303-5.4 Joints 29 303-5.4.1 General 29 303-5.5 Finishing 29 303-5.5.1 General 29 303-5.5.2 Curb 29 303-5.5.4 Gutter 29 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 30 308-1 GENERAL 30 308-4.8.3 Sod 30 SECTION 400 SP -INDEX 4 OF 4 PART 4 ---ALTERNATE ROCK PRODUCTS ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 30 400-2 UNTREATED BASE MATERIALS 30 400-2.1 General 30 400-2.1.1 Requirements 30 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SP 1 OF 30 CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS CONTRACT NO. 4067 INTRODUCTION 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 -5320-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, locating and potholing existing utilities, 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. SP2OF30 All final layout of pipelines and appurtenances, including surface improvement removal/replacement limits, and field layout adjustments of pipelines (See also SECTION 5 ---UTILITIES) due to conflict avoidance, 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. 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. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP3OF30 SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following: "The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work, and to verify points of connection and potential conflicts. No segment of work for new pipeline shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final layout of the new pipeline with the City representative, including adjustments due to field conflicts with other utilities or structures above or below ground." 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. 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. 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 SP4OF30 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 31 St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondg is a holiday. If January 1St, July 4th November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. SP5OF30 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 the Central Balboa area to underground overhead utilities (Underground Utility Assessment District 100 AD -100). It is the contractor's responsibility to coordinate work schedules and traffic control with the SCE contractor. For further information regarding this project the contractor may contact SCE — Todd Pearce (714) 973-5637, AT&T — David Bell (714) 666-5423 and Time Warner Cable — Joe Barrios (714) 903-8337. Plans for this project can be found at the following ftp site: ftp://www.city.newport-beach.ca.us/AD100 Central Balboa 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." SP6OF30 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 (Balboa Boulevard) 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 http://www. city. newport- beach.ca.us/pubworks/links.htm." 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. SP7OF30 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). Additionally, pedestrian and bicycle traffic safety measures shall be provided where work is conducted adjacent to, or in the vicinity of the concrete pedestrian/bicycle boardwalk, and where proposed work may impact pedestrian or bicycle access or their safety" 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection SP80F30 arrangements by contacting the City's Refuse Superintendent Keith Hinckley, at (949) 718-3466 and all affected property owners. 5. The Contractor will be allowed to close one alley at a time to complete the work. Work in other alleys can also take place in addition to the closed alley, if that alley remains open to traffic. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys. In addition, the Contractor shall coordinate trash collection as noted. 6. All work in Alley 256-G (Alley between 12th Street & 13th Street) and adjacent to Newport Elementary (boardwalk area, 14th & 13th Street) will be done during the school's summer break. Alley closure while school is in session is strictly prohibited. Work will be allowed during the winter, ski and Easter break. 7. Normal working hours on Balboa Boulevard are limited to 8:30 a.m. to 4:30 p.m. 8. A lane of traffic shall be maintained between 7:45 a.m. to 8:30 a.m. and between 12:45 p.m. to 1:15 p.m. in Alley 256-G (Alley between 12th Street & 13th Street. 9. Work will be allowed during the winter, ski and Easter breaks. 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. SP9OF30 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. 7-10.6 Street Sweeping Sings/"Permit Parking Only" Signs. After posting "NO PARKING — TOW AWAY" signs, the Contractor shall cover street sweepings signs, on those streets adjacent to construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The Contractor shall also cover all parking meters on the Center of Balboa Boulevard and post the "PERMIT PARKING ONLY" signs on the same block where construction is being performed, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic the Contractor shall remove the "PERMIT PARKING ONLY" signs and uncover the street sweeping signs and parking meters. 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 Contractor shall also deliver a minimum of two "Temporary Parking Permits" to each affected residents during alley closures. Permits will be provided by City. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a 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. SP 10 OF 30 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. 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 as well as pulling the bacteriological samples and running 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. The temporary water main 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. SP 11 OF 30 7-18 SEWER FLOW BY-PASS SYSTEM 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 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. This pay item shall also include compensation for implementation of pedestrian and bicycle detour and safety plan for work adjacent to, or in the vicinity of, the concrete SP 12 OF 30 boardwalk. Measures shall include submittal of a pedestrian and bicycle safety plan for City review and concurrence prior to initiating work in these areas. Plan may include, but not necessarily limited to, temporary signage, cones, barricades, K -railing, temporary striping, for the purposes of eliminating hazards and reducing risks to the general public in this high pedestrian access area. Item No. 3 Furnish and Install New 8" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section A2): 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 8" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section B): 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. 5 Furnish and Install New 8" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section F): 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 PCC surfacing, 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, and all other work necessary to construct the water main complete and in place. Item No. 6 Furnish and Install New 8" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resodding (Section G): Work under this item shall include, but not be limited to, exposing all existing utilities in advance of the work (including potholing), locating and protecting existing irrigation systems, final SP 13 OF 30 field layout and coordination of new water main, removal of existing turf along trench, 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, subgrade preparation for sod, furnishing and installing sod replacement for final trench re -surfacing, and all other work necessary to construct the water main complete and in place. Item No. 7 Furnish and Install New 8" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section H): 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 AC surfacing, 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. 8 Furnish and Install New 6" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section B): 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. 9 Furnish and Install New 6" PVC C-900 (CL 200) Water Main & Fittings, Including Trenching, Bedding, Backfill and Resurfacing (Section E): 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. SP 14 OF 30 Item No. 10 Remove and Replace Existing Water Main with New 8" PVC C-900 (CL -200) Water Main & Fittings Including Trenching Bedding Backfill and Resurfacing (Section A2): 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. 11 Remove and Replace Existing Water Main with New 8" PVC C-900 (CL -200) Water Main & Fittings Including Trenching Bedding Backfill and Resurfacing (Section B): 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. 12 Remove and Replace Existing Water Main with New 8" PVC C-900 (CL -200) Water Main & Fittings Including Trenching, Bedding, Backfill and Resurfacing (Section C): 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. 13 Remove and Replace Existing Water Main with New 6" PVC C-900 (CL -200) Water Main & Fittings Including Trenching Bedding Backfill and Resurfacing SP 15 OF 30 (Section Al): 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. 14 Remove and Replace Existing Water Main with New 6" PVC C-900 (CL -200) Water Main & Fittings Including Trenching Bedding Backfill and Resurfacing (Section D): 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. 15 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, adjustments to water services on the private side of the meter as required by the City standards, 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. 16 Remove Existing 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, adjustments to water services on the private side SP 16 OF 30 of the meter as required by the City standards, 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. 17 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. 18 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. 19 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. 20 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. 21 Remove & Dispose Portion of Existing Water Main & Connect with Transition Couplings to Existing 4" Water Main: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing water main pipe, determination of connection requirements, furnishing and installing fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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. SP 17 OF 30 Payment for this item of work shall also include full compensation for joins to existing valves (if required), and any related hardware and necessary fittings to make such connections, as determined by the Engineer. Item No. 22 Remove & Dispose Portion of Existing Water Main & Connect with Transition Couplings to Existing 6" Water Main: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing water main pipe, determination of connection requirements, furnishing and installing fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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 joins to existing valves (if required), and any related hardware and necessary fittings to make such connections, as determined by the Engineer. Item No. 23 Remove & Dispose Portion of Existing Water Main & Connect with Transition Couplings to Existing 8" Water Main: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing water main pipe, determination of connection requirements, furnishing and installing fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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 joins to existing valves (if required), and any related hardware and necessary fittings to make such connections, as determined by the Engineer. Item No. 24 Remove & Dispose Portion of Existing Water Main & Connect with Transition Couplings to Existing 12" Water Main: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing water main pipe, determination of connection requirements, furnishing and installing fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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. SP 18 OF 30 Payment for this item of work shall also include full compensation for joins to existing valves (if required), and any related hardware and necessary fittings to make such connections, as determined by the Engineer. Item No. 25 Construct 6" Reinforced Concrete Collar at New Valve(s) Flush with Adjacent Concrete Boardwalk: Work under this item shall include construction of concrete collars around the valve or valve clusters as shown on the plans, flush with the adjacent concrete boardwalk, protection of the existing concrete boardwalk, and all other related work items as required to complete the work in place. Item No. 26 Furnish and Install 12-3/4" OD Jacked Steel Casing With 6" C-900 (CL -200) Pipe: Work under this item shall include furnishing and installing steel casing and water main in accordance with City standards and specifications, including but not necessarily limited to, excavation of jacking or boring and receiving pits, coating of steel casing, jacking or boring operations, installing new water main carrier pipe, casing spacers, casing end seals, 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 materials, protection of existing surfacing to remain, final trench re -surfacing, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 27 Furnish and Install 16" OD Jacked Steel Casing With 8" C-900 (CL - 200) Pipe: Work under this item shall include furnishing and installing steel casing and water main in accordance with City standards and specifications, including but not necessarily limited to, excavation of jacking or boring and receiving pits, coating of steel casing, jacking or boring operations, installing new water main carrier pipe, casing spacers, casing end seals, 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 materials, protection of existing surfacing to remain, final trench re -surfacing, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 28 Furnish and Install 6"x4" DI Tee with 4" RW Gate Valve and Thrust Blocks: Work under this item shall include furnishing and installing tee, valve, fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 materials, final trench re -surfacing, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 29 Furnish and Install 8"x4" DI Tee with Thrust Block: Work under this item shall include furnishing and installing tee, valve, fittings, transition couplings, pipe adaptors, making final connections to water lines, 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 SP 19 OF 30 of existing water pipe and appurtenances, disposal of excess excavated materials, final trench re -surfacing, and all other related work items as required to complete the work in place as indicated on the plans. Item No. 30 Remove and Construct 6" Reinforced Concrete Boardwalk: Work under this item shall include, but not limited to, removal of existing concrete boardwalk to nearest full panel, sawcutting as required, construction of reinforced concrete boardwalk, epoxy coated reinforcing, epoxy coated steel dowels, doweling into adjacent concrete, concrete finishing and flush with the adjacent concrete boardwalk, protection of the existing concrete boardwalk, and restriping to match existing conditions in accordance with City standards and specifications, and all other related work items as required to complete the work in place. Item No. 31 Furnish and Install New 4" 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. 32 Remove and Construct Interfering Concrete Pads and Sidewalks: Work under this item shall include, but not limited to, removal and replacement of interfering portions of existing concrete pads or sidewalks and surface facilities to match existing, sawcutting as required, steel reinforcing, doweling into adjacent concrete, concrete finishing and flush with the adjacent concrete boardwalk or concrete surfaces, protection of the existing concrete to remain, protection of existing surface facilities, re- installing surface facilities affected by pipe installation (i.e., light standards, conduits, trash receptacles, benches), all in accordance with City standards and specifications, and all other related work items as required to complete the work in place. Item No. 33 Cut -in New 8" RW Gate Valve on Existing Main at Locations Directed by the City Engineer: Work under this item shall include, at the direction of the Engineer, sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing water main pipe, determination of connection requirements, furnishing and installing new valve, fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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. SP 20 OF 30 Item No. 34 Remove Existing 12" Gate Valve and Furnish and Install 12" Resilient Wedge Gate Valve: Work under this item shall include sawcutting and removal of surfacing (AC or PCC), removal and disposal of a segment of the existing gate valve, determination of connection requirements, furnishing and installing a 12 -inch Ductile Iron Resilient Wedge Valve including, but not limited to, valve box and cover and valve extension, furnishing and installing fittings, transition couplings, pipe adaptors, making final connections to existing water main, 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 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 joins to existing valves (if required), and any related hardware and necessary fittings to make such connections, as determined by the Engineer. Item No. 35 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. 36 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. 37 Trench Excavation Safety Measures for Water Systems and 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. 38 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, constructing new manholes and appurtenances, 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. SP 21 OF 30 Item No. 39 Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Pipe (Section B): 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. 40 Remove Existing 8" Sewer and Replace with 8" VCP (Extra Strength) Pipe (Section D): 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. 41 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. Item No. 42 Construct New 48 -Inch Diameter Manhole per CNB Std -401-L: Work under this item shall include 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, constructing new manholes and appurtenances, 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. 43 Remove Existing Sewer Lateral and Furnish/Install New Sewer Lateral to Property Line Per City Std -405-L as Directed by the City Representative: Work under this item shall include, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer lateral and SP 22 OF 30 making adjustments to the lateral on the private side of the property line, 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. 44 Reconnect New Sewer Lateral from the New Main to the Existinq Sewer Lateral Per City Std -405-L as Directed by the City Representative: Work under this item shall include, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer, 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. 45 Remove Existing Sewer Manhole Vault, Backfill and Resurface: Work under this item shall include, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing and removing vault and manhole complete and disposal of excavated materials and debris, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer, control of ground or surface water, backfill, compaction, coordination with installation of new manhole, and final trench re -surfacing and all other related final surface improvements. Item No. 46 Core and Join Existing County Manhole and Grout Voids Around Manhole Inlet: Work under this item shall include connection to County Manhole, including furnishing and installing all materials, sawcutting, removing and disposing of existing surface improvements, coring manhole and modifying manhole base or shelf for smooth transition, grouting voids around manhole inlet, 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 core and connect to the County manhole complete in place. . Item No. 47 Remove Existing Sewer Cleanout and Re -Establish Sewer Lateral Per City Std -405-L as Directed by the City Representative: Work under this item shall include, but not be limited to, sawcutting and removal of surfacing (AC or PCC), exposing utilities in advance of the work, excavation, temporary patching or plating, bypassing of sewer flow as required, connection to existing sewer, 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 re-establish the sewer lateral complete and in place. SP 23 OF 30 Item No. 48 Temporary Sewer Main By -Pass System: Work under this item shall include all material, labor and equipment for providing the sewer main by-pass system as described in these specifications under Section 7-18. Item No. 49 Trench Excavation Safety Measures for Sewer Systems and 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. 50 Trench Dewatering: Work under this item shall include all material, labor and equipment for providing dewatering of groundwater from trenches associated with trenching and installation of new pipelines and appurtenances, including permitting by City and other regulatory agencies, and discharge and disposal of groundwater according to all permit requirements. Item No. 51 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 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." SP 24 OF 30 207-9 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 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. SP 25 OF 30 207-9.1.4 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. 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. SP 26 OF 30 207-9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA C110 (ANSI A21-10) and 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 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 manufacturer's specifications and the project construction plans. SP 27 OF 30 Valve body and bonnet shall be fabricated from ductile iron and shall be electrostatically 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. 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. 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 1-1/2 inch" of the last sentence with the words "two (2) inches". SP 28 OF 30 300-1.5 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 '/-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 -'/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 -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) 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 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." SP 29 OF 30 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 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." SP300F30 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. 308-4.8.3 Sod. Add to this section: "Sod replacement shall be Marathon II -Dwarf Tall Fescue species, or an approved equivalent as determined by the City Engineer. Sub - grade preparation and installation shall be in accordance with the manufacturer's specifications, and shall carry a minimum 1 -year replacement guarantee based on proper installation and minimum manufacturer's maintenance recommendations." The Contractor is responsible for the 1 -year maintenance and establishment period following installation and acceptance by the City. Compensation for installation and 1 year maintenance and establishment period shall be included in the various related items of work and no additional compensation will be allowed. 19-11:4111191 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." CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S13 July 6, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949-644-3314 or acastanon@newportbeachca.gov SUBJECT: CENTRAL BALBOA WATER AND SEWER IMPROVEMENTS — AWARD OF CONTRACT NO. 4067 RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4067 to Paulus Engineering, Inc. for the Total Bid Price of $1,494,784, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $150,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on July 1, 2010, the City Clerk opened and read the following two bids for this project: BIDDER Low Paulus Engineering, Inc. 2 GCI Construction, Inc. 3 John T. Malloy, Inc. 4 Cedro Construction, Inc. 5 Atlas Allied, Inc. 6 CCL Contracting, Inc. 7 Mike Bubalo Construction Company, Inc 8 J. De Sigio Construction, Inc. 9 Vido Artukovich & Son, Inc. TOTAL BID AMOUNT $1,494,784.00 $1,496,180.00 $1,585,090.00 $1,591,797.00 $1,649,120.00 $1,767,152.00 $1,768,800.00 $1,851,471.00 $1,925,970.00 The low total bid amount is 18 percent below the Engineer's Estimate of $1,637,990. The low bidder, Paulus Engineering, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates they have satisfactorily completed similar projects for our City and other municipalities, including the recent water and sewer improvements in the Peninsula Point area associated with AD 103. Proposed uses are as follows: Vendor Paulus Engineering, Inc. Paulus Engineering, Inc. Harrington Geotechnical Various Prepared by: �Aor&&Inp � Alfred astanon Associate Civil Engineer Attachments: Project Location Map Central Balboa Water & Sewer Improvements — Award of Contract No. 4067 July 6, 2010 Page 3 Purpose Construction Contract $ Construction Contingency $ Geotechnical Services $ Printing and Incidentals $ Total: $ Amount 1,494,784.00 150,000.00 12,975.00 1,000.00 1,658,759.00 Submitted by: V 6�s✓ ephen G. Bad Public Works Director