HomeMy WebLinkAboutC-4152 - Tsunami Warning SystemOFFICE OF THE CITY CLERK
Leilani 1. Brown, MMC
March 22, 2012
Mr. Mike Bass
International line Builders, Inc.
2520 Rubidoux Boulevard
Riverside, CA 92519
Subject: Tsunami Warning System - C -4152.
Dear Mr. Bass:
On March 22, 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
April 7, 2011. Reference No. 2011000177338. The Surety for the contract is the
Liberty Mutual Insurance Company & Travelers Casualty and Surety Company
of America and the bond number is 1900225510/105402129. Enclosed is the
Faithful Performance Bond.
Sincerely,
4ak - X�
Leilani I. Brown, MMC
City Clerk
Enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
Riverside
County of
On March 03, 2010 before me, Colette Richard, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Michael Bass * * * * * * * * * * * * * * * * * * * **
who proved to me on the basis of satisfactory
evidence to be the person(Mt whose namex islefe-
subscribed to the within instrument and acknowledged
to me that he/shekhey- executed the same in
his ;efin,eir- authorized capacity(iesj, and that by
hislhedtheif signaturek on the instrument the
person(,, or the entity upon behalf of which the
persorl47 acted, executed the instrument.
COL"" RICHARD
Commission 0 1792209 1 certify under PENALTY OF PERJURY under the
s -m Notary Public - California laws of the State of California that the foregoing
Riverside County
my corns Dac 23, 2011
paragraph is true and correct.
6�Yes
WITNESS my hand �and
� - offigciiaall seal.
Signature:
Place Notary Seal and /or Stamp Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Faithful Performance Rand - Citp nlf Newport Rpai-h
Document Date: 031103 ,110 Contract #41521#1900225511105402pgr%ber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑
Corporate Officer — Title(s): _
❑
Individual
•
Partner — ❑ Limited ❑ General
•
Attorney in Fact
❑
Trustee
❑
Guardian or Conservator
❑ Other:
Signer Is Representing:
'_RIGHT THUMBPRINT'
�OFTSIGNER'
NEI
❑ Corporate Officer— Title(s):
❑ Individual
• Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
i
02D08 National Notary Association -9350 De Soto Ave, P.O. Box 2402•Chatswodh,CA 91313 -2402 -w .Nalionalhlotuydrg item#5907 Reorder Cali TolLFree 1.8006 766827
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::::::: ACKNOWLEDGMENT :
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31
OF'F'ICE OF THE CITY CLERK
Leilani I. Brown, MMC
May 11, 2011
Mr. Mike Bass
International Line Builders, Inc.
2520 Rubidoux Boulevard
Riverside, CA 92519
Subject: Tsunami Warning System (C -4152)
Dear Mr. Bass:
On March 22, 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
April 7, 2011, Reference No. 2011000177338. The Surety for the contract is the
Liberty Mutual Insurance Company and the bond number is
190022551/105402129. Enclosed is the Labor & Materials Payment Bond.
Si /n^�cnerel ,
v \ r — `
6V
Leilani . 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
CITY OF:NEWPO�RT: EAC .. . .. ............................... . .. .
......... noon ....................
PUBLIG WORKS DEPARTMENT........ .
....... ..................... ..........noon .....................
.............- ......._
..: TSUNAMG WARNING SYSTEM .:::::::: ::::::::.: ' :::::::::. .
....... ........... noon. -..,
........ ................... ............ ......... ........ _...
::::::: : ::::::CONTRACT N:O: 4152:::::.:::::::::
.... .... .. .... ........ ..
..
.. noon..
_.
BO D N
........... .. .................. noon
........ ............... ....................... ........ ............... . ............... ........ ..
............... ............................................................. ...............................
:: :: :LABOR AND MATERIALS PAYMENT BOND. .
WHEREAS,: : the Cit . Couriril- of. the Cit . of New" oft: Beach;
................. ................
State of California; b motion "
.. .,...... Y Y P y.. ::: noon,
::::::: :: : adopted; has :awarded to International'lfrie Builders; In. c.; •hereinafter designated as the :
noon..
"Principal,`', a .contract for construction of T:sbNmmi WARNwb: sYSTEm,:Contracf ,No.'4152-i n ::: ; : :
the. City of :Newport Beach, in :strict conformity with the :plans,: drawings; specifications and. other
Contract: Documents: in: the office of ahe:Public Works DepartmenCor. th'e' City:of. Newport:Beach:::::
........ .. noon. .. .....................................
..... - .....all bi:vitiich: are incorpocatedaierein byahis referen6e; :::::. - .. - • � � . • noon ... ... ............. .
.....................................".................................. ............................... ...
............. ...............................:............. ............................... ....noon... .
. .. . . WHEREAS; Princi •al has executed or is about to execute:Contract; No.;'4'1'52:and:the; ; :.::::: :
's:the ............ .P.:...:....:.................. ...-
' :::(erms - hereof require: the furnishing :of:a :bond,: providing that :if Principal: or :any of:Principal's.:::::: :
noon..
su boon tractors,:sha11 fail :to:pay:for:ariy materials,: provisions,: or other. 'suppli es: used:in '. :Upon .:..:::.:::::: .
:::::::::' :::foY; "or: about ahe: performance of:tlie work: agreed ao. be: hone, .or -for: any:worR :or labor: done ..:.:::::::
... y .. .. y on t .. .. p y . .......... e extent hereinaffe ... .
(hereon of .. kind( the 5ueet on this bond will a ltie same to lh r set forth>
NOW,:: ; ; ; THEREFORE.::::: We:: ::the :. ::undersigned ; :::Principal; :::::and,:::::
Liberty Mutual Insurance Cbmpariy:8 TraVbleis:Casualty:dod Surety' Cbmpbiiy of. America: duty, :authorized : to ::transact::.::
business: under the.laws.of the State of California, as. Surety; referred to herein as: "Surety'), are :.::
noon.. ... ... ,-.
:field firmly mound unto (lie City of Newport Beach, in the :sum of :One' Huridred Twenty -Two
:::: Thousand,: Eight :Hundred Temand:0U1:1;00. Dollars; ($122;810.00):lawful:Tcney of :the:United......... .
Stales: of:Amenca,:said:sum: being: equal to 100% ofahe:estirnatecl amount payable by:the:Clty.of..:::..
::..:.Newpoort Beach under.the:terms of the Contract; for. which payment well:and truly to 6e made,: we.
:bind: ourselves; our :heirs,: ekecutors: and :adminisfrators; successors; _or: 'assigns,' jointly: and ::::::::::::: .
.......... seJerally; firmly by these present.' :. n o o n .......................... .......................... .
.......... . THE CONDITION :OF:THIS:081_IGATION`IS:SUCH; that:if:tlie:Principal or•thii:Principal's::::::::::,
........... . :subcontractors,: ;fail: to : pay: for. :any :materials, :provisions; : or :other: supplies ; —implements: or:.:::...
machirwo:used.in, upon; foi, 'or 06601 (he 'p'erfdrhiance ' of:the:work contracled'to:6e done, :or for::::::::
any:other'work:& Iabor'thefeon:of any kind, or:for:amoun(s due under: tH6:Unedriployrrierit ::
�Insuiance code with :respect to such work ;or labor;, or for anyamounts:required: to be:deducted, .......
....... ...... ... .... ....
withheld and: aid :over :to: -the Employment :Development: Department from :the :wages: :of
P
employees oT the. Principal.and subcontractors pursuant to :Section 13020 of the :Unemployment::::::::.:: :
Insurance:Code: with respect to such-work and:l'ab'or; then:the:Suiety :vMl:pdy for: the same,:in an::::::::::' '
a'niouht'not:ezceeding'the'sum: specified:in:this Borid, :and also, in' case suit is'brougiiGto enforce:
... ..
the obligatjons of this Bond, a reasonable altbmey's:fee; to:be fixed, by the:Gourt as:required by
.Bond ....... .... ..... ..noon .. .. .
......:.. the provisions:of:Section 3250: of the Civil, Code: of the, State: of California: ::............ :::. : ..... :
.. .. ............................... ...................... ... noon.-- ........................ .
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... ..................................................... .... ........ noon. — noon... ......... noon...
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
Riverside j
County of
On March 03, 2010 before me, Colette Richard, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Michael Bass * * * * * * * * * * * * * * * * * * * **
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
• Corporate. Officer — Title(s):
• Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT 'THUMBPRINT
OFSIGNER
02008 National Notary Association • 9350 Da Solo Ave., PO. Box 2402 • Chacavonh, CA 91313 -2402• v .NalionalNolary.org Item #5907 Reorder. Call To0.Free 18000.876.6827
who proved to me on the basis of satisfactory
evidence to be the person whose name(} islar
subscribed to the within instrument and acknowledged
to me that he/shaAhojr executed the same in
hisNe4lieir authorized capacity(ies), and that by
his /herPo'tefr signature( on the instrument the
person or the entity upon behalf of which the
person acted, executed the instrument.
COLETTE RICHARD
Commission # 1782209
1 certify under PENALTY OF PERJURY under the
_® Notary Public - Cautornto
laws of the State of California that the foregoing
: Riverside County
MtrCo rm epiresoec23 2011
t paragraph is true and correct.
WITNESS my hand and official seal.
Signature: UA--L"
Place Notary Seal and/or Stamp Above
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Lahar and
Mnlorialc Pwmnnt Rand - Ch)i if_lVemTorl Reach
Document Date: 03 /03/10 Contract #4152/ #190022551 /105402MAtter of Pages:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer(s)
Signer's Name:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
• Corporate. Officer — Title(s):
• Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT 'THUMBPRINT
OFSIGNER
02008 National Notary Association • 9350 Da Solo Ave., PO. Box 2402 • Chacavonh, CA 91313 -2402• v .NalionalNolary.org Item #5907 Reorder. Call To0.Free 18000.876.6827
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ACKNOWLEDIGMENT.
............ — Credib,le Witness(ea)
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2712874
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint
DENNIS LOOTS, LAURIE; :.PFLUG, JILL`SWANSON ;;BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN,
JENNIFER MILLER, BRIAN,:;D. CARPENTER, BARBARA iLAIAEDEKE; DENISE WISHCOP; TERESA HAMMERS,
NICOLE TAMBLE, ALL 6F'-'.THE CITY —OF MINNEAPOLIS, STATE OF MINNESOTA .`
each individually if there be more.Chan one named, its true,,apd lawful attorney m, fact to-make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all und�artAings, bonds recogn¢ances'aFld other sur obhga4oris'In:4he penal sum not exceeding
FIFTY MILLION AND 00/100"' * "•`.' "*' DOLLARS:($ 050001 0 0 " "`. each, and the
execution of such undertakings bond-§,; recognizances and other surety -o- atons iWpursuance. oh`these presehi shall be as binding upon the
Company as it they had been duly slgnae b ,'.' a president andattested by theaecretary'of the Company',in their own:'proper persons.
That this power is made and executed;Purspant to and by
ARTICLE XIII - Execution of Contracts: Section 5. Surety 'B'onds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe,, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall ' be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authodzed the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
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That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. >,U)
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IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E
Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsylvania this 14th day of December 0 Q
2009 Q.M
oa
LIBERTY MUTUAL INSURANCE COMPANY C
: M
IL
Garnet W. Elliott,. Assistant Secretary w p
COMMONWEALTH OF PENNSYLVANIA ss c
COUNTY OF MONTGOMERY O C
On this 14th day of December 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged . m
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above .4
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. >�
IN TESTIMONY WHE BOf� P a�e,hC unto subscribed my name;ancl affixed my notarial seal at Plymouth Meeting Pennsylvania, on the day and year Y N
first above written. q. tYObW0 _ -
[V COMMONW At'rNOF nE.NNSYIVAYIF E
fr 4 5 = Naam sxu �. M
OF - rsys�Pas4•IL n- navPnu n' C?
r'VYmoumiUV Wnnk -mwic my By C ,
AIY C011VSSS 1 p44 Me Jl i6 '+017 0�
�- '�� 'Ter sa Pastella Notary Putikce v �
.aiLpC� nlmxv w.mra ,msasminnanaues - O rp
CERTIFICATE �• ���- ��
I, the undersigned, Assistan ecretary ofi_Litiery Mutual Insurance Company -do hereby certify that the original power '61 attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the' date o1 &s. certificate and1:do further cerllfy that the.'officer or official who executed the
said power of attorney is an Assistant' specially authorized byJhb� chauman or fhe,presdegf_to appoint' 'attorneys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company: -
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote or the board of directors of Liberty Mutual Insurance. Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF', I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
ByZ&7, �4
Davi8 M. Carey, Assigt int Secretary
POWER OF ATTORNEY
TRAVELERS J Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 220256
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 003298783
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized tinder the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
B. L. Kellar, Dennis G. Loots, Jill N. Swanson, Laurie Pflug, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke,
Denise Wishcop, Nicole Tamble, and Teresa Hammers
of the City of Minneapolis , State of Minnesota , their true and lawful Attorney(s) -in -Pact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
day of July 2008
State of Connecticut
City of Hartford as.
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
25th
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
0",
fSEaL 'o. °a SEA LyF I.MVRr� ,
By:
Georg• Thompson, Ztlicc President
On this the 25th day of July 2008 before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
7Fp
In Witness Whereof, I hereunto se[ my hand and official seal. �
My Commission expires the 30th day of June, 2011. $' AUBLIO A
58440 -4 -09 Printed in U.S.A.
Marie C. Tetreault. Notary Public
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
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. 4152 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
@ �rcty i W-PJSa,✓1 Dollars
and se
Cents $ CPo® o
Per Lump Sum
2. Lump Sum Traffic Control
@T�o Tf1�sa ✓9 Dollars
and
Cents $ GOO
Per Lump Sum
3. 5 Ea. Pull Boxes
@ iLL 2
II and o_a 0 0
Cents $ 3L0 $ Soo 0
Per Eoc
Recorded in Official Records, Orange County
"C39 ,'T,'j� ly, Clerk - Recorder
RECORDING REQUESTED BY PFN ��� uwHiIIIIIIIIIIIIiIIIIIIIVIIIIIIIIIIIIIIIIIIIIIII NO FEE
WHEN RECORDED RETURN TO: 2� 1a400177338 12:32 pm 04/07/11
2011 APR 18 A476.4W�N12 1
City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
City of Newport Beach ORRCE OF
3300 Newport Boulevard THE OTY CL
Newport Beach, CA 92663 CITY CF P?.-,FORT BEt(;H
"Exempt from recording fees
pursuant to Government Code Section 27383"
ivGTii;E OF COMPLETION p
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and International Line Builders. Inc., of �I
Riverside, California, as Contractor, entered into a Contract on March 9, 2010. Said
Contract set forth certain improvements, as follows:
Tsunami Warning System — (C -4152)
Work on said Contract was completed, and was found to be acceptable on
March 22, 2011, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Liberty Mutual Insurance Company & Travelers Casualty and
Surety Company of America.
Works Director
Newport Beach
TION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
on A I� �q , )�L (( ,
Executed
BY
City Clerk
at Newport Beach, California.
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 International Line Builders, Inc., of
Riverside, California, as Contractor, entered into a Contract on March 9, 2010. Said
Contract set forth certain improvements, as follows:
Tsunami Warning System — (C -4152)
Work on said Contract was completed, and was found to be acceptable on
March 22, 2011, by the City Council. Title to said property is vested in the Owner, and the
Surety for said Contract is Liberty Mutual Insurance Company & Travelers Casualty and
Surety Company of America.
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on MAJ, U . at Newport Beach, California.
BY
City Clerk
�Y
>taff Report
Agenda Item No. 6
March 22, 2011
TO: 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: Bob Stein
APPROVED: a
TSUNAMI WAR IPA NG SYSTEM - COMPLETION AND
TITLE: ACCEPTANCE OF CONTRACT NO. 4152
ABSTRACT:
On March 9, 2010, City Council awarded Contract No. 4152 (Tsunami Warning System) to
International Line Builders Inc. for a total contract cost of $122,810.00 plus a 10%
allowance for contingencies. The required work in now complete and staff requests City
Council accept and close out of the contract.
RECOMMENDATION:
1. Accept the completed work and authorize the City Clerk to file a Notice of Completion.
2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of the
Civil Code.
3. Release the Faithful Performance Bond one year after Council acceptance.
FUNDING REQUIREMENTS:
In addition to the primary construction contract, this project involved other project
expenses. Total project expenses are summarized as follows:
Construction $ 131,305.10
Poles pre- ordered by City 23,664.13
FCC Fee for System Frequency Assignment 456.75
Incidentals (two resident mailers, postage & reproduction) 5,641.00
Total Project Cost $161,066.98
q°
Tsunami Warning System - Completion and Acceptance of Contract No. 4152
March 22, 2011
Page 2
Funds for the construction contract were expended from the following accounts:
Account Description Account Number Amount
General Fund 7017- C8002026 $131,305.10
Total: $131,305.10
DISCUSSION:
Overall Contract Cost/Time Summary
Construction
Final Cost at
Contingency
Actual
Contract
Time
Contract Award
Completion
Target
Contract
Time
Under or
Amount
Change
(days)
Over
$122,810.00
$131,305.10
10% or less
7%
60
0
This project consisted of installing sirens on tall poles at three locations along the
peninsula. The first location is near the end of Channel Road at the end of the peninsula,
the second is near the American Legion Hall (15th Street), and the third is near Seashore
Drive /59th Street. The command station was installed at Police Headquarters to allow
remote activation of the sirens. The City pre- ordered the poles under a separate purchase
order in an effort to expedite the projects construction.
The project was awarded on March 9, 2010. The contractor performed the project in two
phases. The electrical conduit and conductors were installed first in April. As the poles
were not delivered before Memorial Day, the installation of the poles and siren equipment
was performed after Labor Day as conditioned by the Coastal Development Permit. Both
phases of the work were performed by the same contractor in the allotted time of 60
working days.
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: $122,810.00
Actual cost of bid items constructed: 123,860.00
Total change orders:
Final construction contract cost:
7,445.10
$131,305.10
The final construction contract cost was approximately 7 percent above the original bid
amount. There was one change order to paint the sirens a shade of blue as specified by
the California Coastal Commission.
Additional time was needed in the construction phase to comply with the Coastal
Commission's requirement that no construction occur over the summer thus causing the
Tsunami Warning System - Completion and Acceptance of Contract No. 4152
March 22, 2011
Page 3
project to run longer then originally scheduled, however work was completed on time in
accordance with the awarded contract. A summary of the project schedule is as follows:
Estimated completion date per June 2010 Schedule: October 18, 2010
Project Award for construction: March 9, 2010
Contract Completion Date Plus Approved Extensions: December 3, 2010
Actual Construction Completion Date: December 3, 2010
ENVIRONMENTAL REVIEW:
City Council found this project exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15303 (New Construction of Small Structures), Section
15304 (Minor Alterations of Land), and Section 15332 (In -fill Development Projects) the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it had no
potential to have a significant effect on the environment.
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.
Prior to advertising the project, this project was the subject of discussion at three Council
Study Sessions. A special public meeting was held on June 15, 2009, to review the
proposed project.
The Notice Inviting Bids was advertised in the City's official publication and in construction
industry publications. Prior to starting work at each of the three siren locations, two City
prepared notices were distributed by the contractor to the nearby residents. The first notice
was distributed ten days before starting work and the second notice 48 hours prior to
starting work.
Submitted by:
aaum
Director
Location Map
9
CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
\) 3300 Newport Boulevard, Newport Beach, CA 92663
�. until 11:00 AM on the 16u' day of February, 2010,
at which time such bids shall be opened and read for
TSUNAMI WARNING SYSTEM
Title of Project
Contract No. 4152
$175,000
Engineer's Estimate
by
(then G. Badum
is Works Director
Prospective bidders may obtain one set of bid documents for $5.00.
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 inforrnation, call Bob Stein, Proiect Manager at (949) 644- 3322
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
htt�: / /www.NewportBeachCA gov
CLICK: Online Services /Bidding & Bid Results
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
TABLE OF CONTENTS
NOTICE INVITING BIDS ................................ ............................... .......................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................3
BIDDER'S BOND .............................................................................. ..............................5
DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7
NON - COLLUSION AFFIDAVIT ........................................................ .............................11
DESIGNATION OF SURETIES ........................................................ .............................12
CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13
ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15
INFORMATON REQUIRED OF BIDDER ......................................... .............................16
NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19
CONTRACT..................................................................................... .............................20
LABOR AND MATERIALS BOND .................................................... .............................26
FAITHFUL PERFORMANCE BOND ................................................ .............................28
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
2
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
ISSUED BY AGENCY PRIOR TO
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted b the bidder. In the event of discrepancy between wording and
figures, bid wording shall l5revail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids. Pursuant to Public Contract Code Section
22300, at the request and expense of the Contractor, securities shall be permitted in
substitution of money withheld by the City to ensure performance under the contract. The
securities shall be deposited in a state or federal chartered bank in California, as the escrow
agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act'.
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
616 A.
Contractor's License No. & C196sification
JAL- QyA4-7oYtAL bll 44, Zct-t Ld �2S
Bidder
a4y,�LA
Authorized SignatureMtl
%. (4�- -
Date
Y
0 •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent or Amount aid
Dollars ($ 1o% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
TSUNAMI WARNING SYSTEM, Contract No. 4152 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 fags to execute the Contract Documents in the form(s) prescnbed,
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 rlull 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 19M day of
lntamadonal Line auildem Inc
Name of Contractor (Principal)
Liberty rutual Insurance company
Name of Surety
4W Plymorlh Rd #4W, P4wwulh Mwtirg, PA 19M
Address of Surety
Nkole Tambik Af onwyir -Fact
Print Name and Title
(793) 392-7214 n '
Telephone SW- "�� 04A X r d4e,
(Notary acknowledgment of Principal & Surety must be attached)
u
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
Riverside
County of
0
On February 16, 2010 before me, Colette Rickard, Notary Public
oaW Iles 1, Nlme W1 Tn d ft oncw
personally appeared Daniel H.
Nene(e)d S,9r.Wo)
who proved to me on the basis of satisfactory
evidence to be the person whose name( is4we.
subscribed to the within instrument and acknowledged
to me that he/ehsMey executed the same in
hist4eA Heir authorized capacityHes), and that by
It r signature)Q on the instrument the
person or the entity upon behalf of which the
person acted, executed the instrument,
COLETTE RICNARD I certify under PENALTY OF PERJURY under the
Comm Isslon • 17e2209 laws of the State of California that the foregoing
Notory Public - Cowornlo paragraph is true and correct.
Riverside County
N- - - - .BpYaDec2 ;2011 WITNESS my hand and official seal.
n
Signature: 1
PMW Notary Seal "W. SWV ADOre Sgwtuu d N"tl PWk
OPTIONAL
Though the information below is not required by law, R 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: gfdder's Rand - G4 of Newport Reask
Document Date: 02116110 Tsunami Warning System/Contracilldd>6dr of Pages:
Signer(s) Other Than Named Above:
Capactty(ies) Claimed by Signer(s)
Signers Name: Signer's Name:
.-1 Corporate Officer — Title(s):
-1 Individual
-1 Partner — J Limited _ Generel rep of I wmb ne e
-1 Attorney in Fact
7 Trustee
1 Guardian or Conservator
I Other:
Signer Is Representing:
I�
D Corporate Officer — Title(s):
D Individual
J Partner — := Limited L General Top of thumb here
7 Attorney in Fact
I Trustee
I Guardian or Conservator
D Other:
Signer Is Representing:
02We Naumal NOWyfaeocgUOn -9 De SO A. . P. oem2d02- C1� ,CA91317P,02- ..WYO�r n non K907 ReorOe,Cal To4F� I- eOPe766et7
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State Of Minnesota
County of Ilennepin
On February 16, 2010 before me Jill M Swanson, Notary Public
DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC-
personally appeared Nicole Tamble , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) islaFa
subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in
his/her /the# authorized capacty(es), and that by bis/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 (aws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my handand official seal.
9 GN 7 RE F NOTARY
OPTIONAL
are date below b not mgtgred by law, a may p("vWu" to pwwm mtyNa on Bra doavwd and coWN pie al keudWerM matte wad et his ram.
CAPACITY CLAIMED BY SIGNER
❑INDMDUAL
❑CORPORATE OFFICER
Tm.E(s)
❑
PARTNER(S) ❑ LIMITED
❑ MNERAL
®
ATTORNEY-IN-FACT
❑ TRusyiTm
❑ GL vwwAJCONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF POWNI 8i OR ENn1YCES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
February 16, 2010
• 1 -• r
SIGNER(S) OTHER THAN NAMED ABOVE
- 41 2713192
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Atfor,ey limits the acts of those named hwofn, and they have no authority to bind the Company except In the manner and to
the extent heroin steted.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set font, does hereby name, constitute and appoint
DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN,
JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOP, TERESA HAMMERS,
NICOLE TAMBLE, ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA ........................ ...............................
. each individually if there be more than one named, its true and lawful attorney-in-fad to make, execute, seal, acknowledge and deliver, for and on its
behaff as surely and as hs uxM and dead, 2nLand ag undertakings, bonds, recognizances and other sure obligation in the penal sum not exceeding
FIFTY MILLION AND 001100"'•"""• ••"• DOLLARS (S 50.000.000.00" each. and the
execution of such undertakings, bonds, recognizances and other surety obligations. In pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of Coe Company in their own proper persons.
V
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cm
mo
da
C �
CQQ�
Em
That the By -law and the Authorization set forth above are hue copies thereof and are now In W force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of December
2009
LIBERTY MUTUAL INSURANCE COMPANY
\ i Garnet W. Eliot. Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 14th day of December 2009 , before me, a Notary Public, persona ly came Gamot W. Elliott to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and that he executed the above
Power Of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority, and at the direction of said corporation.
IN TESTIMONY N
first above writers.
CERTIFICATE
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
'w O� �1 x
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
OF
Any officer of the Company authorized for that purpose in writing by the chairmen or the president, and subject to such limitations as the
chairman or the president may proscribe, shall appoint such attomeys -In -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge
lie
and deliver as surety airy and as undertakings, bards, recognizances and other surety obilgatkxms. Such
7
a
atomeys -in -fad, subject to the Imitations set forth in their respective powers of attomey, shall have full power to bind the Company by their
O
signature and execution of any such Instruments and to attach thereto the seal of the Company. When s0 executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
9
Y
By the following instniment the chairman or the president has authorized the officer or other official named therein to appoint attomeys -In -fact
�C
Nr
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliot, Assistant Secret of Liberty Mutual Insurance Con
y try ty parry, is hereby
C
1e
.t
authorized to appoint such attorneys -In -fact as may be necessary t0 act in Oehett of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings. bonds, recognizances and other surety obligations.
_ C
M O
V
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cm
mo
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CQQ�
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That the By -law and the Authorization set forth above are hue copies thereof and are now In W force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 14th day of December
2009
LIBERTY MUTUAL INSURANCE COMPANY
\ i Garnet W. Eliot. Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 14th day of December 2009 , before me, a Notary Public, persona ly came Gamot W. Elliott to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and that he executed the above
Power Of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority, and at the direction of said corporation.
IN TESTIMONY N
first above writers.
CERTIFICATE
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
'w O� �1 x
CO.whONwEA1TNOi eeNNSYIURW.
OF
*mow a».,re.va.e,c
I I�..JA \' �_
�.`.+M1�/�. M.veea•N Vnw
By �l-� ' ,rl4cC&
Ter Pasteaa, Notary Pudic
I, the undersigned, Assistarif-S56ratary of Liberty Mutual Insurance Company, do hereby certty that the original power of attorney of which the foregoing
Is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify asst the officer a official who executed the
said power of attorney is an Assistant Secretary specialty authorized by the chairman of the president to appoint atiomeys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company.
This certficate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bads, shall be valid and binding upon the company
with the same face and effect as Irsough mar"ty affixed.
IN T T ONY WHEREOF, ljjave hereunto subscribed my name and affixed the corporate seal of efse said company, this day of
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ACKNOWLEDGMENT
................................................ ...............................
State of California
County of
On
Public, personally appeared
S&
before me,
Notary
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 ignatures(s) on the
instrument the person(s), or the entity upon behalf of which the perso ) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of 1#% State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
..................... ..... ... .... A.............................................
INFORMATION
Dale of Document
Type or Title of Document
Number of Pages in
Document in a Foreign
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
_ Trustee
_ Power of Attorney
_ CEO /CFO /COO
_ President / Vice - President / Secretary I Treasurer
Other:
Other Information:
0
Thumbprint of Signer
El Check here it
no thumbprint
or fingerprint
is available.
0
ACKNOWLEDGMENT
1]
................. ............................... ..........wage.................
State of California
County of ) ss.
On before me,
Public, personally appeared
Notary
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 signatures(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 Stale of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
... .... ........................................ A ... *so .........................
OPTIONAL
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO /COO
President / Vice- President / Secretary I Treasurer
Other:
Other
7
Thumbprint of Signer
Check here it
no thumbprint
or fingerprint
is available.
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 415
DESIGNATION OF SUBCONTRACTORS)
Stale law requires the listing of all subcontractors who will perform work In an amount in
excess of one -had 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 shell be made only in accordance with Stale
law and /or the Standard Specifications for Public Works Cons ruction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance udder 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
Neer
Description of Work
a shit
T
Name: 41 i4AAe
.vp aV—
Address: P 0 - 60K 411
VA%,r PS:MT, C4
¢
Phone: 949 /L -I g
Stale License Number.0 -,A
Name:
Address:
Phone:
Stale l.icUM Number.
Name:
Address:
Phone:
StatQ License Number:
E
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidders Name 1 T-P -2nj Q.T(0k)A,L LuvCz- L�u-k LA4-Y2 S ,1-vx (I- .
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1
Project Name/Number atr O. Ap.WLIW -k
Project Description
Approximate Construction Dates: From
To:
Agency Name rrIt"' cC" iil�4arl�fcZ..�t
Contact Person Telephone (7r4 2LAS• l41245
Original Contract Amount $ Final Contract Amount $ 5 2 S bob —
If final amount is different from original, please explain (change orders, extra work, etc.)
hir
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.
9
E
No. 2 /�
Project Name /Number W .. L t� s c =' •r LArf. n Jn 04AAL Mn t .
Project Description
Approximate Construction Dates: From
Sit-
Agency Name \\ %. � e- a'tt,%.! Ca" —.
Contact Person 3 "a.,f Z"e.t6- Telephone (Gte)i 2-7 '3 — 9V
Original Contract Amount $ Final Contract Amount $ L . S M rw
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.
kIa
No. 3 f�
Project Name /Number l'hrx ra.,c.. e.
Project Description
Approximate Construction Dates: From
Agency Name
To:
Contact Person LeL Telephone ('Q14
Original Contract Amount $ Final Contract Amount $
'tvi 1 . 'L tao 0
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.
b
10
9
No.-4
Project Name /Number T19
Project Description Tti A
Approximate Construction Dates: Dates: From To:
Agency Name C ►T -� or i -J %T-- .0
Contact Person TRA.1 1► wa. ^tea... Telephone (9114 *1 b 1. 94S<
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5 A
Project Name /Number yA ;:zma w.m,.x (s U o .", S
Project Description S L. %4^4M+ %J^
Approximate Construction Dates: From
Agency Name
To:
i31' 4�E�5�
Contact Person "Aqz -& . Telephone (7 /)(- 1 nr
Original Contract Amount $ Final Contract Amount $ 1 2 179 Sa —
It 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.
AA.
0 0
No. 6
Project Name /Number GGT I T t V0gZ. S 44*AO%L S
f
Project Description t' & .&Tvkrr.► V..... '_' I f
Approximate Construction Dates: From 1 To:
Agency Name ...... ) V 1 w. _✓
Contact Person Telephone ( #A)1HJ OGAIIa4Sll
Original Contract Amount $ Final Contract Amount $ 1 a39 LDa
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions. /I i. /7 e
Bidder
12
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
NON - COLLUSION AFFIDAVIT
State of California )
ss.
County .oflJ�i(f�.
L C� / 1 l being first duly swom, droses aril says that he or she is
I• .J . of 'fiJt�'cX aA,t'tmLl l..w.e� L�xn/.J.�lh ;party making the
foregoing bid; that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that
party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
Vice of the bidder or any other bidder, or to fox any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive of sham bid.
I declare under penalty of perjury of the laws of the State of Moniii6yrgptha foregoing is true nd correct.
Bidder Authorized Si( natureml
It-
and swom to (or ai iirmed) before me on this \ day of
by
the basis of
I certify under PENAi
foregoing paragraph is
evidence to
OF PERJUI
and correct.
person(s) who
rider the laws of
known to me4
ed before me.
of
_, 2010
proved to me on
Jlornia that the
Notary Public
[SEAL] C ,� II f it �{ �-�r
�k_- }�{�QCd�QQ{� ��-TI j ommission Expires: _
13
• s
CALIFORNIA JURAT WITH AFFIANT STATEMENT
See Attached Document (Notary to cross out lines 1-6 below)
See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary)
sgnaNre m DocxnFen +steer No. , syren� el ooc�u,len W No. z a eM)
State of California
County of
Riverside
COIETTE RICHARD
Commlulon • 1762209
Notary Public - California E
Rlvenlde County
N1yC0nm B0ftDec23.2D11
Subscribed and sworn to (or affirmed) before me on this
16th day of February ,20_1 by
Dale w n .ear
proved to me on the basis of satisfactory evidence
to be the person who appeared before me (.) K
(and
(2) Nema m s g ai
proved to me on the basis of satisfactory evidence
to be the pe on who apps red` )
Signature
sgra,va
or Notary P1iW
Place Notary Seal ADO.<
OPTIONAL
Though the information below is not regwred by law, it may prove
valuable to parsons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Further Description of Any Attached Document
Title or Type of Document _Non- Collusion Affidavit - City of Newport
Tsunami Warning System/Contract W152
Document Dole: 02116110 Number or Pages-
Signer(s) Other Than Named Above:
HI.NI n ur.1!iNN.Nr
F S !N.=
LN
®2007Naooral Not yAeeaClaeon- 90500e SMAV ,POeoa2a02- Ceara*onn.CA91010.2aa ,- ..Naaonarioary.W �F5910 Nao Caa TOFM111008766927
0
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
DESIGNATION OF SURETIES
Bidders name �1J 1F1L1��114,1L1 �Lh �l/.�1 =c�R� &-"
r—
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):
14
0
F
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name . ��R ►7p(i�� lkt� �(1 L�ic�ytS r
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
l
.'Z$
1-01-
L-
lG�
Total dollar
Amount
/�7U0
Zee
ZS?,oL
27344
`��G3
`h9ft
IS?%
Conttracts racts (in
Thousands of $
No. of fatalities
„(
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
v
U"
/
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 ��i��_uL��zs ,-1^G.
- 1
Business Address: Q( ,AAIOOUK a wd
Business Tel. No.:� 21�L-
State Contractor's License No. and 1 y
Classification: �%g 2S l S C--/O A
Title F-L4-L:rrz:tc&L — CiG�n+cyzAL
The above information was compiled from the records that are available to me this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
If bidder is an individual, name and signature of individual must be provided, and, if he
is doing business under a fictitious name, the fictitious name must be set forth. If
bidder is a partnership or joint venture, legal name of partnership /joint venture must be
provided, followed by signatures of all of the partners/joint ventures or of fewer than all
of the partnersfjoint ventures if submitted with evidence of authority to act on behalf of
the partnershiprjoint 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.
16
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
ACKNOWLEDGEMENT OF ADDENDA
Bidders name J.,jmY&jp.'ClatjNL Lw� 9tn la+��S h Cam.
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received Si nature
17
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
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:
Telephone and Fax Number: `151 I UZ -29Q `iSt ( %$x -
California State Contractor's License No. and Class:
(REQUIRED AT TIME OF AWARD)
Original Date Issued: '9 "'j -2060 Expiration Date: `3 "
Qw.�zs
9219
RA r
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
Atli,&
o.-J
Title
t
Address
l/
Corporation organized under the laws of the State of
18
St a10"
A- w/ 0 2,v
Telephone
56 -g3 —((17
�s I 1 40 92 DL98�
• •
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proppsal are as follows:
IF
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
O�J&
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;
604,
Briefly summarize the parties' claims and defenses;
aNA-
Have you ever had a contract terminated by the ownerlagency? If so, explain.
a
Have you ever failed to complete a project? If so, explain. ,r 0
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for lab mpliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.) ?Yeso
Are any claims or actions unresolved or outstanding? Yes
19
E
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.
(Print name of Owner or President
of Corporation /Company)
L Lt,„
Bidder
On ) fl 16, Quo before
personally appeared � S
Title
a• lb - to
Date
W fkI A ,
who proved to me on the basis of satisfactory evidence to be the person( whose
name(p is lase- subscribed to the within instrument and acknowledged to me that
he/eheAhe�t executed the same in his /hafi4heir authorized capacity(4", and that by
his#� signatureN on the instrument the personX or the entity upon behalf of
which the person(14 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.
COIEftE RICHARD
Commlulon • 1782209
Notary Rhsnl�tl� County
(SEA ) hVCamn9pwDw2a2m1
Notary Public in and for said Stat ,,,g,,;tja,{
My Commission Expires: I l
lT
• i
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
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
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
CONTRACT
THIS AGREEMENT, entered into this � day of Majd 2010, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and International Line Builders, Inc., a Delaware
corporation, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
TSUNAMI WARNING SYSTEM
The work necessary for the completion of this contract consists of removing
interfering improvements, excavation, constructing siren pole foundations, erecting
poles (top of pole 50 feet above ground level), furnishing and installing all related
siren electrical and hardware components, furnishing and installing the command
and control system at Police Headquarters, testing equipment to construct an
outdoor warning siren system at three designated sites in the City, and training of
City Staff.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractors 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. 4152, Standard Specifications
for Public Works Construction (current adopted edition and all supplements) and this
Agreement, and all modifications and amendments thereto (collectively the "Contract
Documents "). The Contract Documents comprise the sole agreement between the parties
as to the subject matter therein. Any representations or agreements not specifically
contained in the Contract Documents are null and void. Any amendments must be made
in writing, and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
22
• i
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 Hundred Twenty -Two Thousand,
Eight Hundred Ten and 001100 Dollars ($122,810.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Bob Stein
(949)644-3322
CONTRACTOR
International Line Builders, Inc.
2520 Rubidoux Boulevard
Riverside, CA 92519
951 -682 -2982
Fax: 951 - 788 -0686
INSURANCE Without limiting Contractor's indemnification of City, and np for to
commencement of work Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
Certificates of Insurance. Contractor shall provide original certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
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City reserves the right to require complete, certified copies of all required insurance
policies at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractors bid.
2. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
3. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
4. Coverage Requirements.
a. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees.
Any notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
b. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than one million dollars ($1,000,000) combined single limit for each occurrence.
5. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
24
self - insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
6. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor,
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its elected or appointed officers, officials, employees, agents
or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self- insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
vi. The insurer shall agree to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers for
losses arising from work performed by Contractor for City.
b) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
Timely Notice of Claims — Contractor shall give City prompt and timely notice of
any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
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All of the executed documents referenced in this contract must be returned
within ten (10) working days after the date on the "Notification of Award,° so that
the City may review and approve all insurance and bonds documentation.
7. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
8. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and/or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner. for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in G.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
99
•
0
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.
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 CLERK
APPROVED AS TO FORM:
Leonie Mulvihill
Assistant City Attorney
A
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
INTERNATIONAL LINE BUILDERS, INC.
Title
Print Name: Mkt Cc' q� 0 5S
By: Y
(Financial Officer)
Title:
Print Name: ,.>O+ g
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
27
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
BOND NO. rsoo255tnOW2129
FAITHFUL. PERFORMANCE BOND
The premium charges on this Bond is $ saa.00
being at the rate of $ , 4.3o am thousand of the Contract price.
WHEREAS, the City. Ccunal of the City of Newport Beach, State of California, by motion
adopted, awarded to International Line. Builders, Inc., hereinafter designated as the "Principal ",
a contract for construction of TSUNAMI WARNING SYSTEM, Contract No. 4152 in the City of
Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract
Documents maintained in the Public Works Department of the City of Newport Beach, all of which
are inoorporated herein by this reference...
WHEREAS,: Principal has executed or is about to execute Contract No. 4152 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and ybeftm iInsuramcomaansTravernacaguenr and
surstvcancmornnerica, duly authorized to transact business under the laws of the State of
California as. Surety (hereinafter 'Surety*), are field and firmly bound unto the City of Newport
Beach, in the sum of One Hundred Twenty -Two Thousand, Eight Hundred Ten and 001160
Dollars ($122,810.00) lawful money of the United Slates of America, said sum being equal to
16..0% of the estimated, amount of the Contract, to be.paid to the City of Newport Beach, its
successors, and assigns; for which payment welt and truly-to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and .truly keep
.and perform any or all the work covenants, conditions, and agreements in the Contract
Documents and any alteration Thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend,. and save harmless the City. of Newport Beach:
its officers, employees and agents, as therein stipulated, then,. Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise thls obligation shall
become null and void.
28
As a part of the obligation, secured hereby, and in addition to the face amount specked in
this Performance Bond, there shag 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 of 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. ft 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 shag not exonerate the Surety from its obligations under thist3ond.
IN WITNESS WHEREOF, instru.�Qnt has been duly executed by the Principal and
Surety above named, on the � day of VAO, &elt�, 2010.
International Line Builders, Inc. (Principal) Authorized Signat&VTtle
Ubwty HuUal lmuranm Commny a <
Tnwelem CamwKy end Surely Company of Amarim
Name of Surety Authoriz Agent Sign u
+so PYymouth Road, Sure ae0, Plymoutlr IlaoHng,
One lr w Squats - 2US, Hanford, CT 06183 Nicole Tambk% Aeomoy- b,-Fact
Address of Surety Print Name and Title
4763) 302 -7214
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED . . .
n
u
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Riverside
County of
0
On March 03, 2010 before me, Colette Richard, Notary Public
Date Hera Ire wire and Tel of ft CMWr
personally appeared Michael Bass"aa9.a * * * * * **** ** *****
N (9) of S1pMr(6)
COLEM C RICHARD
ommWlon f 1782209
Notary Public - Callfomlo
Rlventde County
M/Cgrrmtoe•DecZ&2011
PI Notary Sal ands Swrp AD
who proved to me on a basis of sa'sfactory
evidence to be the person(K whose name islafe-
subscribed to the within instrument and acknowledged
to me that he/sheRhey- executed the same in
hisllielll4heiF auftnzed city(ies), and that by
hisAwrA"& signature on the instrument the
person the entity upon behalf of which the
perso 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: 1JKhtl'Yt) - M1uC�y�J'9'
SWpu and NW" Pick
OPTIONAL
Though dne 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: Fait ul Pa�arn ce Rai�Ci�N�nrt Reach
Document Date: 03103,110 Contract #41521#19002155111054021QRber of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer's Name:
J Corporate Officer — Title(s):
J Individual
J Partner — J Limited
=l Attorney in Fact
1 Trustee
General Top of thumb here
1 Guardian or Conservator
El Other:
Signer Is Representing:
Signer's Name:
-1 Corporate Officer — Title(s):
D Individual
'_I Partner — C Limited L General Top of thumb here
I Attorney in Fact
I Trustee
I Guardian or Conservator
J Other.
Signer Is Representing:
u
02008 � Notary �, 9 1),SMA".P0 BO[24M- ClalswMh. CA 913112402•,ww.NaowNVery.org I 05907 %mp Cal TOaFrea1- 806976 -W7
0
ACKNOWLEDGMENT
0
................................................ •.............................1
State of California
County of
SS.
On before me. Notary
Public, personally appeared
.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 capacily(ies), and that by his/her/their signatures(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 Slate of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
................................................ ...............................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document In a Foreign Language
Type of Satisfactory Evidence:
Personally Known vdth Paper Idenlificatlon
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO / CFO / COO
President / Vice- President I Secretary / Treasurer
Other:
Other
0
Thumbprint of Signer
E] Check here it
m Ol bprint
w fingerpiint
is "table
ACKNOWLEDGMENT
•
................................................ ...............................
State of 10ti'rli OMU Minnesota
County of N2wySft, � ss.
On before me, Teresa Hwr m m Notary
Public, personally appeared Niecle Tanbls
,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 signatures(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.
C4, . �'U(L 4uuul�
8ignature
................................................ ..............................r
OPTIONAL INFORMATION
Date of Document
Type or Titte of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witnesses)
Capacity of Signer:
_ Trustee
Power of Attorney
CEOICFO /COO
President / Vice - President I Secretary/ Treasurer
Other:
Other
31
Thumbprint of Signer
C] chw* hereA
no Vl bpnnl
a fingerprint
is a flable
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
BOND NO. �yyp22mu1aw2r29
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to International Line Builders, Inc., hereinafter designated as One
"Principal,' a contract for construction of TSUNAMI WARNING SYSTEM, Contract No. 4152 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. 4152 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 wig pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
Liberty ULdnA Inauren Canpany d Trawlers Cas"ft and Surety Cortrpany of A+perlta 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 Hundred Twenty -Two
Thousand, Eight Hundred Ten and 001100 Dollars ($122,810.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
32
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, aRerations 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 r this instrumen�t frh'as b n duly executed by the above named
Principal and Surety, on the -- is day of bl/lnACl .2010.
Intemational Line Builders, Inc. (Principal) Authorized Signature dle
upeAy MuLral lrourance Company a .
Travelers casualty and Surely ConV" C4 Amedca
Name of Surety Authorizq Agent - na ure
.. 4W Plymouth Road, Sutra 400, P/rmaM MoeUM PA 19182 a ` .
Ona Toner Spume - 2SHS, Hartlonk CT 06183 Mkole Temple. Attonfel- intact
Address of Surety Print Name and Title
(783) 302-7214
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
E
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
0
County of Riverside j
On March 03, 2010 before me, Colette Richard, Notary Public
ire N ~ Name 8M TNe of the 0111=
personally appeared Michael Bass * * * * * * * * * * * * * * * * * * * **
COLEITE RICHARD
Comm"lon 0 1752209
Notary Public - California
RIVOMMs County
%WCqfrm0"WDVCM20I 1
Pt N ry Seal anal SWrp Aed*
who proved to me on the basis of satisfactory
evidence to be the person whose name(} is/are subscribed to the within instrument and acknowledged
to me that hellsheA ey executed the same in
his/MetAheir authorized capacity(ies), and that by
hisAteNlheir signature(3Q on the instrument the
person(, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: Ujk_Li'6vJ
eWOWIS d Notwy PWIc
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: I char and Metorlate Pavnaonl Rand _ City No �nn_rr Ranrh
r-
Docurnent Date: 03 103110 Contract #4152/#190022551 /10540219%ber of Pages:
Signer(s) Other Than Named Above:
Capecity(iea) Claimed by Signer(s)
Signer's Name: Signers Name:
-1 Corporate Officer — Title(s):
-1 Individual
-] Partner — fl Limited --General
! ! Attorney in Fact
0 Trustee
Guardian or Conservator
= Other:
Signer Is Representing:
Top of thumb he•e
J Corporate Officer — Title(s):
J Individual
J Partner — fl Limited I I General Top of thumb here
J Attorney in Fact
-1 Trustee
1 Guardian or Conservator
7 Other.
Signer Is Representing:
I
02008 NN N." AS tg-MW be Sdo A".. P.0 eat 2 -ChemNam.CA 8131 }2@, *.Nnou]NoWy oq 1wnf8 7 RearOOr: Ce1 TdlFreelE068]688Tr
ACKNOWLEDGMENT
... ...................... ................... ...............................
State of California
.County of ) ss.
On before me, Nolary
Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the perscn(s) whose:neme(s) is /are
subscribed to the within instrument and acknowledged to me that he /she/they executed the
same in his/her /their authorized capadty(ies), and that by his /her /their signatures(s) on the
instrument the person(§), 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 Stale of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Sam)
..............:...... .......0................:..,:. •............ ..............
OPTIONAL INFORMATION
Date of Document Thumbprint of Signer
Type or Title of Documeril - -.
Number of Pages in Document __..
Document in a Foreign Language
Type of Satisfactory Evidence:
_ Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Cheri here it
Capacity of Signer:
no ftmberini
_ Trustee
or fingerw"
_ Poorer Df Attorney
is a aiable.
CEOfCFO /COO
President / Vir$PfesIdent/ Secretary / Treasurer
Other:
Other Information:
34
ACKNOWLEDGMENT
0
•. r .............. ............................... a . . . . . . . . . . a ............ a....,
State of M90411cllllx Minnesota
County of Hennepin } ss.
3601
Public, personally appeared
before me, Tarsaa Hammers Notary
Nicole Terrible
,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 signatures(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.
`.yf?
Ignature
............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages In Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
_ Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFOICOO
_ President / Vice - President / Secretary / Treasurer
Other:
Other
35
Thumbprint of Signer
❑ check hors n
no th a bpnnl
or ringapmi
Is a"Hable.
2712874
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of than named herein, and they have no authority to bind the Company except In the manner and to
On extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock insurance
comparry, pursuant to and by authority of the By-law and Autladzation hereinafter set form, does hereby name, constitute and appoint
DENNIS LOOTS, LAURIE PFLUG, JILL SWANSON, BARBARA KELLAR, JERRY OUIMET, NINA E. WERSTEIN,
JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE, DENISE WISHCOP, TERESA HAMMERS,
NICOLE TAMBLE, ALL OF THE CITY OF MINNEAPOLIS, STATE OF MINNESOTA ........................ ...............................
, each Individually 4 mere be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and tleed, any and all undertakings, bonds, recognizances and other surety obi'rgetlons in me penal sum not exceeding
FIFTY MILLION AND 00!1004" —*"" — DOLLARS (S 50,000,000.00""• 1 each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by me secretary of me Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any Officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact. as may be necessary to act in behalf of fire Company to make,
a, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attomeys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
o signature and execution of any such instruments and o attach thereto the seal of the Company. When so executed such insbuments she! be
as binding as If signed by the president and attested by the secretary.
C By the following instrument the chairman or the president has authorized the officer or other official named therein o appoint aftomeys -in -fact
CPursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
:s ! authorized to appoint such attorneys -in -fact as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and
19 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
to 3 That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect.
0—
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
_ Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting, Pennsytvania this 14th day of December
?t 2009
C p
LIBERTY MUTUAL INSURANCE COMPANY
O a)
t BY /,✓. S
U `— Garnet W. Elliott. Assistant Secretary
ei COMMONWEALTH OF PENNSYLVANIA u
�_:..
kpp� COUNTY OF MONTGOMERY
COn this 14th day or December , 2QU , before me, a Notary Public, personally came Stet W. Elliott to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
o Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
O Se
vT IN TESTIMONY WH P into subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
a first above written. Q. ,ON WE
of su. a s.a O TrioC�c�
DF Ba.w n„ww.voryaae
r
k1M Cmmrlo� Ea.+m MsN SD 10,J
�P _ —_ _._._. Te a Pastella, Notary Pudic
CERTIFICATE
IN
�
I, the undersigned, Assistan retary of Liberty Mutual Insurance Company, do hereby certify mat the original power of atomey of which the foregoing
is a full, hue and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article
XIII, Section 5 of the Sy -laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney Issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
FS Ji By
DaA M. Carey, Assiph ht Secretary
W
9
C
Q
E
a
0
d
A' POWER OF A'CI'ORNEY
TRAVELERSJ' Faredngtoa Casually Company St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company
F del ty and Guaranty Inssraam Underwriters, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
Attorney -In Fan No. 220256 Certificate No. 003298783
KNOW A[.[, MEN BY THESE PRESENTS: That St. Paul Fire and Marne Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly orgamwd under the laws of the Stale of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut. that United States Fidelity and Guaranty
Company is a c rporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a nuporation duly organized under the laws of the Stare of Wisconsin
(herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint
B. L. Kellar, Dennis G. Lars, Jill N. Swanson, Laurie Pflug, Nina E. Werstein, Jennifer Miller, Brian D. Carpenter, Barbara L. Raedeke,
Denise Wishcop, Nicole Tamble, and Teresa Hammers
of the City of Minne�p alis , State of Minnesota . their true and lawful Anomey(s) -in -Fan.
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognirances, conditional undertakings and
other writings obligatory in the ruuure thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
cooties and executing or guaranteeing bonds and undertakings required or pceraincd in any actions or proceedings allowed by law.
W WITNESS WHEREOF. the Companie-i have caused this instrumem to be signed and their corporate scaly to he hereto affixed- this 25th
day of July 2008
Farmington Casuistry Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
pr
111M^ r ♦ o`i4t�i d`.• °�°°� yY`,. y °� °tar ab
State of Connecticut
City of Hanford ss
By: A I Lot)90���
GIX,rg ThorlpWa, tIM Ke President
On this the 25th day of July _ 2(108 . before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Ioc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do.
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly auth rirod officer.
o-T
In Witness Whereof, l hereunto set my hard and official seat.
®
My Commission expires the 30th day of June, 2011. IR � Sp t
58440 -4-09 Printed in U.S.A.
Marie C. Tetrault. Notary Public
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
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. 4152 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
Lump Sum Mobilization /Demobilization
and Cleanup
@7'&1* i AU5.4wA Dollars
and �y
Cents
Per Lump Sum
2. Lump Sum Traffic Control
@'TcJ0 TdPO:FA -44 Dollars
and
Cents
Per Lump Sum
3. 5 Ea. Pull Boxes
p
( nrd
Cents $ 0- $ /8U 0000
Per E c
0 0
PR2of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
:1
E
7
310 L.F. Conduit and Conductor
@ -6L9 Dollars
I and 00
ta+rol tda — Cents $_ $ b
Per Lineal Foot
3 Ea. Breakers and Connection to
Existing 1110 Volt Power Source
@ w --La-' 8� Dollars
and d O
cue — Cents $
Per Each
3 Ea.
Lump Sum
Installation of 60 -Foot Pole and Footing
FNC ✓�Ooap
@7if�7da,+s,u9 ollas
and
Cents
Per Each
Pole Footing Design
@facTdtv'r$ Ab P' "=Dlio1126r"s6
and
Cents
Per Lump Sum
8. 3 Ea. Tempest -128 Rotating Siren
@t�.reN71/�.✓r1*f Dola s��rD•�D
and
_ Cents $ V ;. -f
Per Each
9. Lump Sum Irrigation System and Landscaping
Protection and Restoration
@ IhtL tKiaw� Dollars
and
dv ^? Cents $ Sao
Per Lump 8um
PR3of3
ITEM
QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE
TOTAL
PRICE
10.
1 Ea.
Command and Control System
@ 04C VC-111 1 � 5"'A Dollars
and
Cents $ 11,
_
Per Each
11.
Lump Sum
Testing and Commissioning
Siren System
,[,)
@�s >�T�(ar4AAf0 G`'r Dollars
4.
and
Cents
$ 45��
Per Lump Sum
12.
Lump Sum
Siren Equipment Operation and
Maintenance Training
@Sv Al4w*Y,V6r-J" tZIlla s,
and
- Cents
$ 4s &o
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
P*0
4,1,40" 1 I•JO
rr.� 794 7WPW_fANO eiE.FrA1A14 wD !z,✓
Dollars
and
'-
Cents $ i 1s , 8 f -a.7
Total Price (Figures)
Date Bidder
Bidder's Telephone and Fax Numbers Bidder's A1ibtK6Fh'zea SoIgnAture �a Title
n /� r
Bidder's License No(s). I Bidder's Address jCLjP,4eSI dam,
CA-
and Classmcatton(s)
Bidder's email address:
dsM,1-7�
icI C .
V. s,nm pb,WweftoW,actsVy OM9llsunwN wwnN system c- 4152k»ntract 8 consuuc6on domlmeMIVOposal C-4152.doc
qx q
Check a License or Home Imp Wment Salesperson (HIS) Registration 0ontractors Stat... Page I of I
Department of Consumer Affaahoard
Contractors State Li
Contractor's License Detail - License * 782515
® DISCLAIMER: A license status check provides information taken from the CSLB license database. Before
relying on this Information, you should be aware of the followi Ilmitatbm.
CSLB complaint disclosure is restricted by law (B&P 7124 6). If this entity is subject to public complaint disclosure. a link
for complaint disclosure will appear below. Chick on the link or buson to obtain complaint and/or legal action information.
',Per S &P 7071.17. only construction related civil judgments reported to the CSLB are disclosed.
Arbitretims are not listed unless 9re contractor fails to comply with the terms of the arbitration.
'> Due to workload, there may be relevant nforma8m that has not yet been entered onto the Boa N's license database.
License Number:
782515 Extract Date: 02/17/2010
INTERNATIONAL LINE BUILDERS INC
Business Information:
P.O. BOX 23729
PORTLAND. OR 97281
Business Phone Number: (503) 692 -0193
Entity:
CDnporatim
Nsw Date.
08/072000
Expire Date:
0813112010
License Status:
This license is current and active. All IrdorinaUon below should be revlevred.
The license may be suspended on 02/1812010 if Me workers compensation nswance
Additional Status:
policy is not filed with the CSLB.
CLASS DESCRIPTION
C10 ELECTRICAL
Classdkatlons:
A GENERAL ENGINEERING CONTRACTOR
C34 PIPELINE
CONTRACTOR'S BOND
This license filed Contractor's Bond number 905038811 in the amount of $12,500 with
Ina bonding company
LIBERTY MUTUAL INSURANCE COMPANY.
Effective Date: 01101 12007
Bonding:
Contraclor's Bonding History
BOND OF QUALIFYING INDIVIDUAL
1. This license filed Bond of Qualifying Individual number 190017206 for JOE DARYL
SUTTON in the amount of $12,500 with the bonding company LIBERTY MUTUAL
INSURANCE COMPANY
Effective Date: 04/15/2008
This license has workers compensalion insurance with the
LIBERTY INSURANCE CORPORATION
Policy Number: WA764DO05097019
Workers' Compensation:
Effective Date: 01101/2009
Expire Date: 01/01/2010
Workers' Compensaom History
Personnel listed on Itxs license
(curronl or dimssoaaled) are listed on other licenses
Conditions of Use I Privacy Polity
Copyright lid 2010 State of California
https: /hvww2.cslb.ca.gov "OnlineSmices /Check License/LicenseDetail.asp 02/17/2010
Cust
• Page 1 of 1
Encompass Detail
Acct. Type:
Business Tax
License #:
BT30030740
Bus. ID:
0060717
Name:
INTERNATIONAL LINE BLDRS INC
Owner Name:
BASS, MIKE
Owner Phone:
951 -682 -2982
Owner Type:
C
Exp. Date:
1/31/2011
S Addy:
2520 RUBIDOUX BLVD
S Addy 2:
Addr3:
RIVERSIDE CA
Zip:
92509
B Addr1:
PO BOX 3039
B Addr2:
B Addr3:
RIVERSIDE, CA
B Zip:
92519
Phone:
951 -682 -2982
FEIN:
4347
SEIN:
3165322
Established:
1/112010
SIC:
1511 - GENERAL CONTRACTOR
Owner #:
0060717
# of Emps:
0
usr1:
464754
usr2:
usr3:
usr4:
usr5:
usr6:
605979482
usr7:
Emergency Contact Info
Contact: COLETTE RICHARD
Phone: 951 -682 -2982
http: // apps. citynet. newportbeachca.gov /masterid/F.NC detail.asp ?EID= BT30030740 02/17/2010
Business Search - Business EnW - Business Programs 0
Page I of 1
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Business Entity Detail
Data is updated weekly and is current as of Friday, February 12, 2010. it is not a complete or certified record
Entity Name:
INTERNATIONAL LINE BUILDERS, INC.
Entity Number:
C2013537
Date Filed:
06/1211997
Status:
ACTIVE
Jurisdiction:
DELAWARE
Entity Address:
19020A SW CIPOLE ROAD
Entity City, State, Zip:
TUALATIN OR 97062
Agent for Service of Process:
C T CORPORATION SYSTEM
Agent Address:
BIB WEST SEVENTH ST
Agent City, Stab, Zip:
LOS ANGELES CA 90017
Indicates the Information is not contained in the California Secretary of States database.
• It the status of the Corporation is 'Surrender,' the agent for service of process is automatically revoked.
Corporations Code section 2114 for information relating to service upon corporations that have surrend
• For information on checking or reserving a name, refer to Name Avallablllty,
• For information on ordering certificates, copies of documents and /Or Status reports or to request a more
information Requests.
• For help with searching an entity name, refer to Search Tips.
• For descriptions of the various fields and status tYpes, refer to Field Descriptions and Status 0e11n1114
Modify Search Now Search Printer Friendly Sack to Search Results
•n N.w•r[ i [••• De.-w r Wn
[gMDYY t,r.0 :n�wr n:: C,
littp://kepler.sos.ca.gov/cbs.aspx 02/17/2010
0 0
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PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
INTRODUCTION
PART 1— GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2.3
SUBCONTRACTS
2 -3.2
Additional Responsibility
2 -5
PLANS AND SPECIFICATIONS
2 -5.3
Shop Drawings and Submittals
2 -5.3.1
Staging Plans
2 -6
WORK TO BE DONE
SECTION 3
CHANGES IN WORK
3-3
EXTRA WORK
3 -12
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
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
1
1
1
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
0 0
6 -7
TIME OF COMPLETION
4
6 -7.1
General
4
6 -7.2
Working Days
4
6 -7.4
Working Hours
4
6-9
LIQUIDATED DAMAGES
5
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
5
7 -5
PERMITS
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 -10
PUBLIC CONVENIENCE AND SAFETY
7
7 -10.1
Traffic and Access
7
7 -10.2
Storage of Equipment and Materials in Public Streets
7
7 -10.3
Street Closures, Detours, Barricades
7
7 -10.4
Public Safety
8
7- 10.4.1
Safety Orders
8
7 -10.5
"No Parking" Signs
8
7 -10.7
Notice to Residents and Temp Parking Permits
8
7 -15
CONTRACTOR LICENSES
9
7 -16
CONTRACTOR'S RECORDS /AS BUILT DRAWINGS
9
SECTION 9
MEASUREMENT AND PAYMENT
9
9-3
PAYMENT
9
9 -3.1
General
9
9 -3.2
Partial and Final Payment
11
PART 2— CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
11
201 -1
PORTLAND CEMENT CONCRETE
11
201 -1.1.2
Concrete Specified by Class
11
201 -2
REINFORCEMENT FOR CONCRETE
11
201 -2.2.1
Reinforcing Steel
11
0 0
SECTION 209
ELECTRICAL COMPONENTS
11
209 -2.3
Conduit
11
209 -2.4
Wire
11
209 -3
Tempest -128 Rotating Siren
12
209 -4
Command and Control System
12
PART 3— CONSTRUCTION METHODS
SECTION 300
EARTHWORK
12
300-1
CLEARING AND GRUBBING
12
300 -1.3
Removal and Disposal of Materials
12
300 -1.3.1
General
12
300 -1.3.2
Requirements
12
300 -1.5
Solid Waste Diversion
12
SECTION 308
LANDSCAPE AND IRRIGATION INSTALLATION
13
308 -8
MAINTENANCE AND PLANT ESTABLISHMENT
13
ATTACHEMENT A – COASTAL COMMISSION STAFF REPORT EXCERPT
ATTACHMENT B – GENERAL SERVICES TREE PROTECTION ZONE
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
TSUNAMI WARNING SYSTEM
CONTRACT NO. 4152
INTRODUCTION
SP 1 OF 13
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. M- 5399 -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 -3 SUBCONTRACTS
2 -3.2 Additional Responsibility. Add to this section: This project has the
following Specialty Items:
a. Sirens and related equipment including the command and control system, shall
be purchased from American Signal Corporation, 4801 W. Woolworth Ave.,
Milwaukee WI, 53218. Contact John Adler (414) 405 -6483;
ladler(a)americansignal.com.
b. Testing of equipment and operation and maintenance training shall be performed
by staff from American Signal Corporation, 4801 W. Woolworth Ave., Milwaukee
WI, 53218.
c. All installations at Police Headquarters shall be performed by Bayshore Electric,
(949) 930 -1212.
0 0
SP 2 OF 13
2 -5 PLANS AND SPECIFICATIONS
2 -5.3 Shop Drawings and Submittals
2 -5.3.1 General. Add to this section: "Contractor shall prepare a design for the pole
footing along with an installation methodology and submit the design to the City's
Building Department for review and permit. Pole footing design /installation guidelines
include using an approximate 24" diameter well casing, sealing the bottom with
concrete, dewatering, specifying pole coating for the portion of the pole below ground,
setting the pole in the well casing, filling the void between the well casing and pole with
a specified concrete mix or two part structural foam in a manner that does not scratch
the pole's protective coating or paint, and all other work items as required for
performing the work complete and in place. The pole footing design shall be treated as
a regular submittal."
2 -5.3.3 Staging Plans. The Contractor shall submit two full size set of drawings for
the staging plan which indicate the construction staging area and construction corridors.
The staging areas shall be designed to minimize public access impacts to the public
parks and beach as specified in the attached page (page 6) of the California Coastal
Commission Staff Report. The staging plan for the Seashore Drive location shall show
that public parking lots along Seashore Drive will remain open.
2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion
of this contract consists of removing interfering improvements, excavation, constructing
siren pole foundations, erecting poles (top of pole 50 feet above ground level),
furnishing and installing all related siren electrical and hardware components, furnishing
and installing the command and control system at Police Headquarters, testing
equipment to construct an outdoor warning siren system at three designated sites in the
City, and training of City Staff."
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.
0 0
SP3OF13
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 4-- CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION S -- UTILITIES
5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the
work or phase of work, the Contractor shall remove all USA utility markings."
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.
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Prior to construction, the City will perform a nesting bird survey. If nesting birds are
found, the Engineer will discuss with the Contractor appropriate steps to reduce
construction noise. Contractor will be compensated appropriately.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6-7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work under
the Contract within 50 consecutive working days from the "Notice to Proceed ". ".
This time of completion includes all shop drawing preparation, review and approval. In
order to minimize adverse impacts to public use of public parks and beaches,
construction activities on the Peninsula shall be substantially complete by May 28,
2010. The Contractor must order all necessary equipment and materials once the
contract has been executed by the City. Delays caused by the Contractor's ordering of
materials shall be cause for liquidate damages. Unavailability of material will not be
sufficient reason to grant the Contractor an extension of time. "
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15'
(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 4'",
the first Monday in September (Labor Day), November 11'" (Veterans Day), the fourth
Thursday and Friday in November (Thanksgiving and Friday after), December 24'",
(Christmas Eve), December 25"' (Christmas), and December 31" (New Year's Eve). If
January 151, July 4'", November 11'°, December 24'", December 250' or December 315`
falls on a Sunday, the following Monday is a holiday. If January 15', July 41h, November
11"', December 24'", December 25th or December 315' 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 4:30 p.m.
Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m.to 6:30
p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
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during any of these hours must be made at least 72 hours in advance of the desired
time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall
pay for supplemental inspection costs of $123.00 per hour when such time periods are
approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6 -7 -1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$500.00.
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500.00 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 -5 PERMITS. Replace this section with: "The Contractor shall, as a portion of his
design -build contract services, prepare and submit drawings, specifications and
substantiating calculations to the City of Newport Beach's Building Department for plan
check and permit issuance. The drawings shall be drawn on standard 24 -inch by 36-
inch sheets. Said submittals shall bear the seal of a registered professional engineer
that is licensed by the State of California to prepare such work.
The Contractor shall then obtain a no -fee building permit issued by the Building
Department. Building Department plan check and construction inspection fees will be
waived.
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter."
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc."
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7 -8.5.1 Steel Plates. Add this section: "Steel plates shall be the slip resistant
type per Caltrans Standards. In addition, steel plates 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, sift 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.citv.newi)ort-
beach.ca. us/oubworks /links. htm."
7 -8.6.1 Best Management Practices and Monitoring Program. No
construction materials, debris and waste shall be placed or stored where it may be
subject to wave, wind, rain or tidal erosion and dispersion. Any and all debris resulting
from construction activities shall be removed from the project site with 24 hours of
completion of the project. Construction debris and sediment shall be removed from the
construction areas each day that construction occurs to prevent the accumulation of
sediment and other debris which may be discharged in coastal waters.
Erosion control /sedimentation best management practices shall be used to control dust
and sedimentation impacts to coastal water during construction. 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. All construction materials,
excluding lumber, shall be covered and enclosed on all sides, and as far away from
a storm drain inlet and receiving waters as possible.
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.
i. Placing sand bags around drainage inlets.
The BMP must be approved by the Engineer prior to initiation of 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. The
Contractor will be back - charged 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.
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7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH), also published
by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineer's approval of a site for storage of
equipment and materials prior to arranging for or delivering equipment and materials to
the site. The Contractor is required to prepare and submit a staging plan per the
requirements of Section 2 -5.3.3 of these Special Provisions. 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.
The 3 No. 60 -foot poles pre - purchased by the City will be stored at one of the City's
operation yards. The Contractor will be responsible for transporting the poles to the job
site. The Contractor will make prior arrangements with the Engineer."
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 to
conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK
(W.A.T.C.H), Latest Edition. 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
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pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3468 and all affected property owners."
7 -10.4 Safety
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty -eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be
City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the
Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign shall be reviewed and approved by the Engineer prior to posting.
7 -10.7 Notices to Residents. Ten working days prior to starting work, the
Contractor shall deliver a construction notice to residents within 500 feet of the project,
describing the project and indicating the limits of construction. The City will provide the
notice.
Forty -eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start for each
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block or street, what disruptions may occur, and approximately when construction will
be complete. An interruption of work at any location in excess of 14 calendar days shall
require re- notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re- notification using an explanatory
letter furnished by the City.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a "A" License. At the start of work and until
completion of work, the Contractor and all Sub - contractors shall possess a Business
License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up-to -date and reviewed by the Engineer at the time each progress bill is submitted.
The "As- Built" plans shall be submitted and approved by the Engineer prior to final
payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
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 Mobil izationlDemobiIizalion and Cleanup: Work under this item shall
include mobilizing, demobilizing and cleanup. Work under this item shall also include
providing bonds, insurance and financing, establishing a field office, preparing a staging
• • SP 10 OF 13
plan (Section 7- 10.2), preparing the SWPPP or BMP Plan and construction schedule,
and all other related work as required by the contract documents.
Item No. 2 Traffic Control: Work under this item shall include delivering all required
notifications, posting signs and all costs incurred notifying residents. In addition, this
item includes preparing traffic control plans and providing required traffic control
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 as well
as City of Newport Beach requirements.
Item No. 3 Pull Boxes: Work under this item shall include supplying and
installing electrical pull boxes and covers, and all other work items as required for
performing the work complete and in place. The City of Newport Beach does not allow
the splicing of wiring between pull boxes. A complete and continuous run between pull
boxes is required. See CNB Std. -204 -L & 205 -L.
Item No. 4 Conduit and Conductor: Work under this item shall include trenching;
furnishing and installing conduit, conductor, and brackets; connect to an existing 110
volt power source; backfill; patchback and all other work items as required for
performing the work complete and in place. Contractor shall trench to provide a
minimum of 18" of cover.
Item No. 5 Breakers and Connection to Existing 110 Volt Power Source: Work
under this item shall include providing and installing breakers in existing cabinets, and
all other work items as required for performing the work complete and in place.
Item No. 6 Installation of 60 -Foot Pole and Footing: Work under this item shall
include removing and disposing of the existing interfering improvements, welding a two -
piece steel pole (total length 60 feet) pre - purchased by the City, installing pole by direct
burial with 10 foot embedment, constructing the pole footing, and all other work items
as required for performing the work complete and in place. Note that the 3 No. 60 -foot
poles will be pre - purchased by the City and stored at one of the City's operation yards.
The Contractor will be responsible for transporting the poles to the job site. The
Contractor will make prior arrangements with the Engineer for the transport of the
poles."
Item No. 7 Pole Footing Design: Work under this item shall include preparing the
footing design and obtaining a permit from the City's Building Department.
Item No. 8 Tempest -128 Rotating Siren: Work under this item shall include
furnishing and installing a Tempest 128 Rotating Siren (T -128) on pole, and all other
work items as required to complete the work in place.
Item No. 9 Irrigation System and Landscaping Protection and Restoration: Work
under this item shall include protecting existing landscape and irrigation systems,
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protecting trees as specked in the attached Tree Protection Zone memorandum,
replant trenches with sod, repairing landscaping or irrigation systems damaged during
construction, and all other work items as required to complete the work in place.
Item No. 10 Command and Control System: Work under this item shall include
furnishing and installing a Central Station Controller -960 and all other work items as
required to complete the work in place. See Section 209-4 for requirements.
Item No. 11 Testing and Commissioning Siren Equipment: Work under this item
shall include testing and commissioning all siren equipment and any other equipment
related to the Tsunami Warning System. This will include a complete inspection by a
trained American Signal Corporation factory technician prior to powering the system
and testing.
Item No. 12 Siren Equipment Operation and Maintenance Training: Work under
this item shall include training of City staff by a trained American Signal Corporation
factory technician in the operation and maintenance of all Tsunami Warning Siren
equipment. Training shall take place over a two -day period at 8 hours per day.
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 for sidewalk, driveway or curb and gutter replacement 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
epoxy- coasted, Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover
unless shown otherwise on the drawings."
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SECTION 209 — ELECTRICAL COMPONENTS
209 -2.3 Conduit. Add to this section: "All installation shall be per the National
Electrical Code. Below ground conduit shall be 1 -%" Gray PVC electrical conduit with
12" sweeps. Above ground conduit shall be 1-1/4" GRS electrical conduit with 12"
sweeps and corner boxes where applicable."
209 -2.4 Wire. Add to this section; "Conductors shall be 3 wire #8 AWG, stranded
copper wire."
209 -3 Tempest -128 Rotating Siren. Contractor shall furnish and install the
Tempest 128 Rotating Siren (T -128). This siren kit includes, a DC Motor Control 128
(Tempest DC), RTU Universal Controller (RTU -2001 DC Door Mt.), Current Sensor -
Tempest Series (Sensors- Current), FSK Format Card (KIT - FSK- 32 -DC), Pole Mount
(PM4), Battery 12 -V (Delco Group 24- M24MF; BATT 1,4 per siren), Kit- Battery- Heater-
Tempest DC Control (1- blanket per two batteries; BATT- HTR -2), Motorola CM200 VHF
25 Watt (MCM- 200 -V), Motorola Radio Interface, VHF & UHF (All) (KIT -RRM), Lighting
Arrestor, BA Feed, VHF,PL -259 (KIT - ARR -2), Antenna, VHF, 25 ft. coax Omni -
Directional (KIT -OMNI- ANT -7).
209-4 Command and Control System. Contractor shall furnish and install a
Central Station Controller -960, FSK Format (CSC- 960 -FSK), CompuLert Management
Software Pre - loaded to Dell Windows Based W /17" Flat Screen (CP -3000 Config
DELL), and Motorola CM200 VHF 25 Watt (MCM 200 4). This Command and Control
System shall also include a Motorola Radio Interface, VHF & UHF (all) (KIT -RRM),
Lighting Arrestor, BA Feed, VHF, PL -259 (KIT - ARR -2), Antenna, VHF, 25 ft. coax
Omni - Directional (KIT -OMNI- ANT -7). Contractor shall install the Controller in the Police
Department equipment room at a location designated by the Engineer and route the
antenna cable through conduit to the roof. Contractor shall mount the antenna adjacent
to the stairwell at a location designated by the Engineer. Installation of Command and
Control System to be performed by Bayshore Electric, (949) 930 -1212.
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."
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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. Contractor shall meet with the Engineer to mark out the
areas of 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-% inch" of the last sentence
with the words "two (2) inches "."
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION
308 -8 MAINTENANCE AND PLANT ESTABLISHMENT. Add to this section: "During
construction, existing trees shall not be removed or trimmed to accommodate the
installation of the poles or other system components."
0
ATTACHEMENT A - COASTAL COMMISSION STAFF REPORT EXCERPT
5-69- 141 -]City of Newport Beach] Attachment A
Staff Report - Regular Calendar
Page 6 of 14
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
permiftee shall submit, for the Executive Director's review and approval, two (2)
full size sets of revised construction staging plans which indicate that the
construction staging area(s) and construction corridor(s) will minimize public
access impacts to the public parks and public beach.
(1) The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur
outside the staging area and construction corridor identified on the
site plan required by this condition; and
(b) Construction equipment, materials, or activity shall not be placed
on the sandy beach outside of the immediate construction Zone or
grass area; and
(c) The construction staging area will gradually be reduced as less
materials and equipment are necessary; and
(d) The construction access route will only be intermittently closed for
transport of equipment and materials. When not in use for
transportation of equipment and materials, it will be made
available for undisrupted public access; and
(e) The adjacent parking lot to the 5800 Seashore Drive project site
proposed to be used as a construction staging area will not
completely prohibit public use of this lot during construction.
(f) The proposed storage /staging area will not require removal of
existing native vegetation and /or cause impacts to any sensitive
habitat areas.
(2) The plan shall Include, at a minimum, the following components:
(a) A site plan that depicts:
1. limits of the staging area(s);
2. construction corridor(s);
3. construction site;
4. location of construction fencing and temporary job trailers
with respect to the existing parking lot, day use area and
the sandy beach.
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be reported
to the Executive Director. No changes to the approved final plans shall occur
without a Commission amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
IV. FINDINGS AND DECLARATIONS:
L
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ATTACHEMENT B - GENERAL SERVICES TREE PROTECTION ZONE
Attachment B
M" WON
F /EWapgT
s
Tree Protection Zone
(TPZ)
The Tree Protection Zone (TPZ) is the area around a tree or group of trees in which no
grading or construction activity may occur. Listed below are minimal specifications for
the TPZ at general construction sites. However, the Parks and Trees Superintendent or
Urban Forester may add additional specifications for the TPZ depending upon the
species, condition of the tree, site conditions, and development activities that may
further impact the health of the tree.
1. The distance of the TPZ from the trunk of the protected tree will be 3 times trunk
diameter, measured at 4 1/2 feet above grade — diameter breast height (DBH). If
this distance is larger than the City right -of -way, generally only the area in the
right -of -way will be fenced.
o Example: 36" DBH x 3 =108" or 9'
2. Once the TPZ has been established, no construction activity, storage of materials,
dumping or parking is allowed within this area. Fencing materials (chain link,
wire mesh or snow fencing) will be used to enclose TPZ. The material must be
sturdy to withstand the construction period and discourage construction entry. A
passageway will be left in the fence to allow access for tree monitoring and
maintenance activities.
3. Prior to the installation of the fence, a water basin with site soil or two levels of
sand bags around the tree will be established to retain water. The basin will be
filled with water, minimally once per week. The basin is inside the fence.
4. Placement of 2" to 4" of course organic mulch will be applied over the entire TPZ.
The goal is to protect the tree and under no circumstances will the TPZ be disturbed or
violated without authorization from the City of Newport Beach.
If you have any questions or require additional assistance, please contact John Conway,
Urban Forester at (949) 644 -3083 or email iconway @oewportbeachca.aov.
We appreciate your cooperation.
Appreciatively,
City of Newport Beach
Sep,..A 2008
Farm and Trac D., n,i n
G'"'al scr'laa Dcpa m
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT _
Agenda
March 9, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, Assistant City Engineer
949 -644 -3322 or rstein @newportbeachca.gov
SUBJECT: TSUNAMI WARNING SYSTEM - AWARD OF CONTRACT NO. 4152
Recommendations:
1. Approve the project drawings and specifications.
2. Award Contract No. 4152 to International Line Builders, Inc. for the Total Bid
Price of $122,810.00 and authorize the Mayor and the City Clerk to execute the
contract.
3. Establish an amount of $12,281.00 to cover the cost of unforeseen and
unscheduled additional work.
Discussion:
At 11:00 AM on February 16, 2010, the City Clerk opened and read the following bids
for this project:
BIDDER
Low International Line Builders, Inc.
2 Traffic Development Services
3 Steiny And Company, Inc.
4 Tal Cal Engineering, Inc.
5 Pointer Enterprises, Inc.
6 Dynalectric
7 HBA Incorporated
• � � a uC•I�Iiatl
$122,810.00
$133,640.00
$149,670.00
$149,741.00
$154,442.00
$169,511.00
$170,590.10
The bids do not include the cost for the three siren poles which are being pre - purchased
by the City through Pacific Coast Lighting under a separate purchase order. All seven
bids were below the Engineer's Estimate of $175,000 with the low bid thirty percent below
the Engineer's Estimate. The current construction market remains very competitive.
The low
bidder, International
Line Builders, possesses a California State Contractor's
License
Classification "A" as
required by the
project specifications. International Line
Builders
and Pouk & Steinle,
Inc. which are
both part of MDU Construction Services
Tsinami Warning System -Award of Contract No. 4152
March 9. 2010
Page 2
Group, Inc. family of companies, will be combining forces and will operate as International
Line Builders. Pouk & Steinle is well know to the City and has performed successfully for
us on several projects.
This project consists of installing sirens on tall poles at three locations along the peninsula
(see attached Location Map). A command station will be installed at Police Headquarters
to allow remote activation of the sirens. To facilitate installation of the sirens, the City has
pre - ordered the poles under a separate purchase order for $23,664.13. Pole delivery is
expected in early April.
The contractor will have 50 working days to install the system with the work substantially
complete before the Memorial Day weekend.
A Coastal Development Permit was obtained for this project. One of the conditions of the
permit is that a bird nesting survey conducted prior to installation of the sirens. If nests are
found in the vicinity of the pole installation area, sound mitigation measures will be
implemented during construction.
Environmental Review:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15303 (New Construction of Small Structures), Section
15304 (Minor Alterations of Land), and Section 15332 (In -fill Development Projects) of
the CEQA Implementation Guidelines.
Public Notice:
Prior to advertising the project, this project was the subject of discussion at three
Council Study Sessions. A special public meeting was held on June 15, 2009, to review
the proposed project.
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Prior to starting work, two City prepared notices will
be distributed by the contractor to the nearby residents. The first notice will be
distributed ten days before starting work and the second notice 48 hours prior to starting
work.
Other Costs:
In addition to the contract costs, approximately $2,500.00 in supplemental funds for
geotechnical and material testing services will be needed for this project and will be
performed under the on -call professional services agreement with Harrington
Geotechnical Engineering. Under a professional services agreement for approximately
$1,500.00, Glenn Lukos Associates will perform a bird nesting survey.
Tsinami Warning System-Award of Contract No. 4152
March 9, 2010
Page: 3
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description
General Fund
Proposed uses are as follows:
Vendor
International Line Builders, Inc.
Harrington Geotechnical Engineering
Glenn Lukos Associates
Prepared by:
\ �f
Robert Stein
Assistant City Engineer
Attachment: Location Map
Account Number Amount
7017- C8002026 $ $126,810.00
$126,810.00
Pu se Amount
Construction Contract $ 122,810.00
Geotechnical and Material $ 2,500.00
Testing
Bird Nesting Survey $ 1,500.00
Total: $ 126,810.00
Submitted by:
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
July 14, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, Assistant City Engineer
949 -644 -3322 or rstein @city.newport- beach.ca.us
SUBJECT: TSUNAMI WARNING SYSTEM — APPROVE DRAWINGS AND
SPECIFICATIONS AND AUTHORIZE PERMISSION TO ADVERTISE,
CONTRACT NO. 4152
Recommendations:
1. Approve the drawings and specifications.
2. Authorize Staff to advertise project once the Coastal Development Permit is
issued.
Discussion:
In June, 2005, a tsunami warning was issued for Orange County. While tsunami in
Southern California are very rare events, the 2005 tsunami warning highlighted a
potential hazard for coast and low lying areas around Newport Harbor. In 2007, City
Council asked the Fire Department to research a siren warning system that could be
used to warn the community and visitors of an on- coming tsunami. On April 10, 2007,
the Fire Department gave a presentation to the City Council on estimated costs for a
siren system. On May 22, 2008, a live siren demonstration was conducted at Balboa
Pier and on June 10, 2008, Council approved American Signal as the siren vendor. All
residents in the affected areas around the harbor were invited to a public meeting on
June 15, 2009, at City Hall to discuss the project and the proposed siren locations. A
notice of the meeting was mailed to over 10,800 addresses and the City's website at
www. city .newoort- beach.ca.us/aublicworks was referenced for those that wished more
information. The meeting was very lightly attended but did provide a couple of useful
suggestions.
Public Works has now prepared construction drawings and specifications for the
installation of the three warning sirens. These are available for review at the Public
Works Counter at City Hall. Sirens are proposed at the following three locations: one
near the end of Channel Road at the end of the peninsula, another near the American
Legion Hall (15th Street), and a third near Seashore Drive /591h Street at West Newport
• Tsunam ruing System ^ Contract No. 4152
July 14, 2009
Page 3
SKI, �
Par . hese locations are shown in the attached exhibit. Each siren will be mounted on
top of a 50 -foot pole. All auxiliary equipment will be contained in a cabinet near the
bottom of the pole. While poles must be located to provide access to service trucks,
poles will be located near existing trees and shrubs to provide some camouflaging. The
sirens will be tested monthly at noon on the first Friday of every month (as does
Huntington Beach). These tests will be for short duration (about a minute) and at a
maximum volume of 80 decibels at the pole. In the event of a tsunami, the Watch
Commander at Police Headquarters on Santa Barbara Drive will initiate public safety or
evacuation procedures and authorize activation of the siren system via a radio - control
transmitter.
The project is consistent with General Plan Safety Element Policies S1 and S9 and with
Coastal Land Use Plan policy 2.8.2:
• The project is taking place within the City's limits (Paragraph 3).
• The project site has no value as habitat for endangered, rare or threatened
species (Paragraph 4).
• Project's approval would not result in any significant effects relating to traffic,
noise, and air and water quality (Paragraph 5).
• The project is adequately serviced by all required utilities and public services
(Paragraph 7).
With Council approval of this project, staff will immediately submit an application to the
California Coastal Commission for a Coastal Development Permit (CDP) with a request
for de minimus waiver approval. Depending on the date of the CDP approval, the
project would be advertised in October or November, 2009. Construction would start
early next year.
Environmental Review:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15303 New Construction of Small Structures), Section 15304 (Minor
Alterations to Land), and 15332 (In -Fill Development Projects) of the CEQA
Implementing Guidelines.
Public Notice:
This project has previously been discussed three times at Council Study Session and
was the subject at a special public meeting held on June 15, 2009.
Construction Cost
The engineers estimate for the construction is $270,000.
• Tsunami Warning System - Contract No. 4152
July 14, 2009
Page 3
Funding Availability:
Funds in the amount of $195,890 have been re- budgeted into the FY 09/10 Capital
Improvement Program. The anticipated project cost would require additional funds of
approximately $75,000. If needed, staff will request additional funds at the time of award.
Account Description
Automation /Communication Fund
Prepared by:
Robert G. ein
Assistant City Engineer
Attachment: Siren Location Map
Account Number Amount
7017- C8002026 $ 195,890.00
Total: $ 195,980.00
Submitted by:
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Public Works Director