Loading...
HomeMy WebLinkAboutC-4476 - Seashore Drive Tidal Valvesl 7 l• 1 \• N On �� ♦� i OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC July 3, 2012 Mr. George Sicilians Atlas - Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806 Subject: Seashore Drive and Pear Avenue Tide Gate Replacement - C -4476 Dear Mr. Sicilian: On June 28, 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 July 29, 2011. Reference No. 2011000371097. The Surety for the contract is National Insurance Company and the bond number is 6579617. Enclosed is the Faithful Performance Bond. Sincerely, ?Zam . Brown, MMC. City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us Executed in Four (4) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 BOND NO. 6579617 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,329.00 being at the rate of $ 14.40 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Atlas - Allied, Inc., hereinafter designated as the "Principal ", a contract for construction of SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT, Contract No. 4476 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4476 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance Company of America , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Two Thousand, Three Hundred and 001100 Dollars ($92,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration (hereof made as therein provided on its pall, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. N11 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22nd day of July 2010. Atlas- Allied, Inc. Atlas- Allied, Inc. (Principal) First National Insurance Company of America Name of Surety 333 City Blvd. West, #300 Orange, CA 92868 Address of Surety (714) 937 -1400 Telephone Authorized Signaturerritle Eva Sicilian , Vice President /Treasurer Authorized gent Signature Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED BI9 ACKNOWLEDGMENT a e a a c a a a a a a e o a a aea a a a a a a s e a a s e a c a a a a a a a a e uas aea •• a s a a a a a o a a a a a a a a a a a a a a v a a•••r State of California County of Orange ) ss. On July 22, 2010 before me, Susan Ponsell Notary Public, personally appeared Lourdes Landa ,who proved to me on the basis of satisfactory evidence to be the persorlKwhose name. sris /�Fe subscribed to the within instrument and acknowledged to me that be/shehhb executed the same in er /their authorized capacity(i , and that by .his/he etr signalures(sycin the instrument the person ,W, or the entity upon behalf of which the persor}<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 SUSAN PONSELL Z ' COMM. # 1734814 NOTARY PUBLIC - CALIFORNIA Z ORANGE COUNTY My Commieimn ErpLef MuN 2I, 2011 (seal) a s a e a o a n a a e a a e e a o a a e e a o m a o a e e o a a o a m a a o a e e s a o a e n o Y aev e e v Y a e e a o a o e s a a s a e e s e e m e s ar 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 _ Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power ttomey CEO CFO /COO _ President I Vice - President I Secretary / Treasurer Other: Other 31 Thumbprint of Signer Check here if no thurnbprinl or fingerprint is available. ACKNOWLEDGMENT Cava a s a a a s a a v a a f a a a a a a a a a a a a oa a a a a a a a..as. a a a a v a a a a a a a a a a a a a a a a a a a a a C a a a a a a a use State of California County of ORANGE ss. On July 22, 2010 before me, C.D. Sturgeon Notary Public, personally appeared Eva Siciliani ,who proved to me on the basis of satisfactory evidence to be the person(x) whose name(K) is /at subscribed to the within instrument and acknowledged to me that M /she /ftiuy executed the same in NWher /thERK authorized capacity0e0q, and that by t€ lher/ St signaturesO on the instrument the person(, or the entity upon behalf of which the person(d) 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. SlgnatDre C. D. STURGEON Commisslon # 1730041 <: =m Notary Public - California = Orange County £ MY COMM. Expires Mar 9, 2011 (seal) eoa. a a a a a a a a a a a a a a a a c a a a a a a a a a a a a u a u a a a a a a a a a u a a as a a a va u a a a a a a a a a a a a a a a a a•• ar 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 /CFO /COQ President I V P Other: Other li I Secretary I Treasurer 32 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. THIS POWER OF ATTORNEY IS NOT VALID L _SS IT IS PRINTED ON RED BACKGROUND. 2963240 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. - FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON . - POWE90FATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company% a Washington stock insurance company, pursuant to and by authority of the,By -law and Authorization hereinafter setforth, does hereby _ name constitute and,appoint. LOURDES LANDA, ADRIANA VALENZUELA, M ARK W. ROSSKOPF ALL OF THE CITY.OF FULLERTON, STATE OF CALIFORNIA ............................ ,each individually if there be more than one named its trueand�lawful attorney rr 4f c, make executeseal; acknowledgeeq "d deliver, for and on its behalf as surety and as its. act and deed any:, and ali. und'ertakmgs; bonds recogniiances and .other surety obhgatwns} n .the penal sum not exceeding TEN MILLION AND.00 /100 " tt ".. "� 'r, :DOLLARS I$ 10,000 000 00: -: ) eabh�,.rand the execution of such # #!t t ,+ 41 R iY t## #R# f undertakings, bonds, recognizances and other'sur'ety obligations h$ursuance of these, presents shall: be as binding upon the Company as 'it they had been duly signed by the president andattested by the secretary ofjhe Company m tfieu'own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization:' - - ARTICLE IV - Ezecuaon of Contracts: Section 12 Surety Bonds and Undertakings. c Any officer or other official of the Corporation authorized for that purpose in writing by Chairman or the President, and subject to such limitations CL as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, m execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- Y. ai fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and ar executed, such instruments shall be as binding _as if signed by the president and attested by the secretary. - a c 03 , By the following instrument the chairman or the president has authorized the officer Or other official named therein to appoint attorneys -in -fact: dPursuant to Article IV; Section 12 of the By- laws, Garnet. W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized m to appoint such attomeys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety p any and all undertakings, bonds„ recognizances and other surety obligations. d > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. dM 7 '9 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C� y First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of June , C rr 00nks FIRST NATIONAL INSURANCE COMPANY OF AMERICA C of Y Garnet W. Elliott, Assistant Secretary c COMMONWEALTH OF PENNSYLVANIA ss E- COUNTY OF MONTGOMERY ai Om On this 21st day of June 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the > 0 direction of said corporation. Z IN TESTIMONY WHEREOF vgs T to subscribed my name`and affixed my notan.. seal at Plymouth Meefin Pennsylvania, on the day and year first above written. , _ _ /\-_ %� CERTIFICATE I, the undersigned, Ass the foregoing is a full, lru df"r executed the said power of e provided in Article IV, Section 12 of the First National Insurance Company of:Amerid is in full force and effect on the date of thk Assistant Secretary; Specially auihorized b, iws of First National Insurance Company of that theo7iginal power of attorney of which i further cerlity that the officer or official who 1e..president to appoint attorneys -in -fact as 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 First National Insurance Company of America at a meeting duly railed and held on the 1 Sth day of September, 2009. 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. .'II I LU1f, IN TESTIMONY WHEREOF, I have hereunto subscribed my ne n - ad the corporate seal of the said company, AUL U day of ' Gl. J'�o�w� A SE:U.. �, ,92® a� By ;;,��,.�� David M. Carey, Asgistant Secretary 1 Recorded in Official Records, Orange County ENEDTom Daly, Clerk- Recorder RECORDING REQUE�Y ANDIC� Ll NO FEE WHEN RECORDED "I I&t IO -m c� 4 2011000371097 1:33 pm 07/29/11 T 47 412 N12 1 City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach OFFICE OF 3300 Newport Boulevag�y+THE CITY CLERK BEA t H Newport Beach, CA 926'63P r N d;PORi "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 Atlas Allied, Inc., Fullerton, California, as Contractor, entered into a Contract on July 27, 2010. Said Contract set forth certain improvements, as follows: Seashore Drive and Pearl Avenue Tide Gate Replacement — C -4476 Work on said Contract was completed, and was found to be acceptable on June 28, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on OfUAI� 6?9 02 t71 f at Newport Beach, California. l0 (j N OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 13, 2011 Mr. George L. Sicilian Atlas- Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806 Subject: Seashore Drive and Pear Avenue Tide Gate Replacement (C -4476) Dear Mr. Siciliani: On June 28, 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 July 29, 2011, Reference No. 2011000371097. The Surety for the bond is First National Insurance Company of America and the bond number is 6579617. Enclosed is the Labor & Materials Payment Bond. Sincerely, �' D vt� a- Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us Executed in Four (4) Counterparts Premium: INCLUDED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 BOND NO. 6579617 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Atlas - Allied, Inc., hereinafter designated as the "Principal," a contract for construction of SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT, Contract No. 4476 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, Princlpal has executed or is about to execute Contract No. 4476 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, F;rat National Insurance Company of America 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 Ninety -Two Thousand, Three Hundred and 001100 Dollars ($92,300.00) 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. W The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 22nd day of July , 2010. Atlas- Allied, Inc. Atlas - Allied, Inc. (Principal) First National Insurance Company of America Name of Surety 333 City Blvd. West, #300 Orange, CA 92868 Address of Surety (714) 937 -1400 Telephone Authorized SignaturerTitle Eva Siciliani, ce President /Treasurer Authorized ent Signature Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ............ a s as a . ............................... a... a s a. a a. a a. a a. a s a.. a a.. a a.. State of California County of Orange } ss. On July 22, 2010 before me, Susan Ponsell Notary Public, personally appeared Lourdes Lando proved to me on the basis of satisfactory evidence to be the persopM whose name ,(ej is�are subscribed to the within instrument and acknowledged to me that jaefshejthe� executed the same in jl:iWher/ lr authorized capacityJ,ieg, and that by her/ signatures(Vy on the instrument the person; or the entity upon behalf of which the persoD(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. � -1 Signature SUSAN PONSELL Z - COMM. X 1734814 G% . NOTARKPUBLIC.CALIFORNIA Z C7 ORANGE COUNTY Afy Cpmmi55gn Expires Ma�N 2), AI1J (seal) aa5 a .aa....aa.........a............ as aaaaa..... a . . . . . a a.. e. a. a a a v. a. a a. a. a. a or 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) / OPTIONAL INFORMATION Capacity of Signer: _ Trustee J _ Power of Attorney CEO/CFO /COO President / Vice - President / Secretary I Treasurer —ether: Other Information: 35 ❑ Check here it no thumbprint or fingerprint is available. ACKNOWLEDGMENT a s a s a s v a a a a a V a a a v a a a me..Y• a 9 a a a a a a a a a a a a a aa. aee o e a . a s a o a a a a a a a a a a a a a a a a a a a a a a or State of California County of Orange ) ss. On July 22, 2010 before me, C.D. Sturgeon Notary Public, personally appeared Rvn Si ciliani ,who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is /an subscribed to the within instrument and acknowledged to me that lawshe /fty executed the same in )� lher/tW authorized capacity(), and that by=lher /tM!r signatures(s) on the instrument the person(sl¢, or the entity upon behalf of which the persona's) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W 17NESS my hand and official seal. Signature C. D. STURGEON Commission # 1730041 a (41 .` Notary Publlc • California = Orange County - My Comm. Expires Mar 9, 2011 (seal) aasea® o Y S O a s e a a s a a o o a a e o e a o o v a e e o e o a o a aaaa o e u e e a a o o a a o a o s a a a a a a a a a a a a a o e e o e a a a, 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-Pi Other: / Other I Secretary I Treasurer 36 Thumbprint ❑ Check here if no thumbprint or fingerprint is available. THIS POWER .OF ATTORNEY IS NOT VALID' .ESSIT IS PRINTED ON RED BACKGROUND. 2963241 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. - - - FIRST NATIONAL INSURANCE COMPANY OF AMERICA- SEATTLE, WASHINGTON POWER OF ATTORNEY - KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby _name .constitute and.appomt. LOURDES LANDA, ADRIANA VALENZUELA MARK W. ROSSKOPF, ALL OF7HE CITY,OF FULLERTON STATE OF EAIsIFORNIA ............................ each individually if there be more than omi named; its true and awful attorney m fact to make execute seal( ack*nowledge�and deliver, for and on its behalf as surety and as :its act and deed any`, and allFundertakmgs;, bonds recoghiances and other surety: ob6gahons yin. the penal sum not exceeding TEN' MILLION AND 00 /100 «,,. «.. « «...,,.,, DOLLARS ($ 10,00.0,00000" " * "' " « " «'" * +) eachandthe execution of such undertakings, bonds, recognizances and other surety obligafions 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 oftheCOmpany In their own proper persons That this power is made and executed pursuant to and by authority 6F the'fo11owing By -law and�Authorizatiom ` " -'•' "''•" ARTICLE IV - .Execution of Contracts: Section 12. Surety Bonds and Undertakings.. - o Any officer .or other official of.the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations CL asthe.Chairman or the President mayprescribe, shall appoint such attorneys -in -fact, as may be.necessary to actin behalf of the Corporation to make, r) execute, seal, acknowledge and deliver as surety any all undertakings, bonds; recognizances and other surety obligations. Such attorneys -in- Y� - tact, subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Corporation by their signature and c y executed, such Instruments shall be as binding as if signed 'by the president and attested by the secretary. ac By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By -laws, Garnet. W. Elliott,. Assistant Secretary of First National Insurance Company of America, is authorized v y to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety p?. any and all undertakings, bonds, recognizances and other surety ' obligations. - d That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. b. v IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of m; d First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st _day of June O' 2010. - ti `o G d ��«ti FIRST NATIONAL INSURANCE COMPANY OF AMERICA 0) (a SF.:tL BY to zs2s ! Garnet W. Elliott, Assistant Secretary c 'COMMONWEALTH OF PENNSYLVANIA ssu •ti" E'- COUNTY OF MONTGOMERY - ai wo On this 21st day of June 2010 before me, a Notary Public, personally came Garnet W. Elliott, to me known, and •p �, acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the > ` direction of said corporation..r- ::�':`::: - ZO' IN TESTIMONY WHEREO jih Vag onto subson, ad my name and affixed my notanal seal al Plymouth Meetin Pennsylvania, on the day and year first above Written. /4, Tcc� CERTIFICATE I, the undersigned, Ass td - .iW first National Insurance Company.& America do herebyoerfity, that thd�dgginal power of attorney of which the foregoing is a full, true dlCgrr - -y( is in full force and effect on the dine of this cetfificmle, and.l.do further oertity that the officer or official who executed. the said power of a o asan "Assistant Secretaryapecially authorized by ,the chairman' the president to appoint attorneys -in -fact as % provided in Article IV,, Section 12 of the By -.laws of First National Insurance Company of America ���- ' � - - 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 First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. - - - - 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. _ JUL 4 a. q c7 I V I CUof I IN TESTIMONY WHEREOF, I have hereunto subscribed my na .,.ea , ' ed the corporate seal of the said company, this day of x BEAI; � rs2e 2 By Davi M: Carey, Assistant Secretary f0- OFFICE OF THE CITY CLERK Leilani I. Brown, MMC June 29, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: 6 Seashore Drive and Pearl Avenue Tide Gate Replacement Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 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 Atlas Allied, Inc., Fullerton, California, as Contractor, entered into a Contract on July 27, 2010. Said Contract set forth certain improvements, as follows: Seashore Drive and Pearl Avenue Tide Gate Replacement — C -4476 Work on said Contract was completed, and was found to be acceptable on June 28, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is First National Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on , at Newport Beach, California. m City Clerk 7 "-1 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: Tom Sandefur, P.E. APPROVED: C,—lhA V TITLE: SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT -- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4476 ABSTRACT: On July 27, 2010, City Council awarded Contract No. 4476 to Atlas- Allied, Inc. for a total contract cost of $92,300 plus a 8% allowance for contingencies. The required work is now complete and staff requests City Council accept and close out 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: Funds for the construction contract were expended from the following account: Account Description Account Number Amount Tide and Submerged Lands 7231- C2502007 $ 92,300.00 Total: $ 92,300.00 SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT -- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4476 June 28, 2011 Page 2 060111 :14W0ti Overall Contract Cost/Time Summary Construction Actual Contract Time Contract Award Final Cost at Contingency Contract Time Under or Amount Completion Target Change days Over $92,300.00 $92,300 8% or less 0% 60 +15 The work necessary for the completion of this contract on Seashore Drive consisted of removing the existing flap tide gate and procuring and installing a Tideflex valve. The work on Pearl Avenue consisted of removing the existing tide gate and lid, installing a new tide gate, repairing the concrete around lip of structure, installing a new lid, and procuring and installing a Tideflex CheckMate check valve.in the outlet pipe. 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: $92,300.00 Actual cost of bid items constructed: 92,300.00 Total change orders: Final construction contract cost: 0.00 $92,300.00 Additional time was needed in the construction phase to accommodate the winter storm season and to fix some leakage in the new TideFlex valve. In addition, the contract time was extended to allow for the fabrication of the valves. Estimated completion date per July 2010 Schedule: December 14, 2010 Project Award for construction: July 27, 2010 Contract Completion Date Plus Approved Extensions: April 29, 2011 Actual Construction Completion Date: May 23, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(e). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. 2 SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT -- COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4476 June 28, 2011 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Attachments: A. Location Maps N LOCATION MAP PEARL AVENUE TIDE GATE REPLACEMENT CONTRACT NO. 4476 (PAGE 2 OF 2) o I A � 1 � I i Q2 Q� I J� �P 1 �P P J� P PROJECT LOCATION P P� OQ Y LOCATION MAP SEASHORE DRIVE TIDE GATE REPLACMENT CONTRACT NO. 4476 (PAGE 1 OF 2) COAST HIGHW/Av Z h CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 14th day of July, 2010, at which time such bids shall be opened and read for SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT Title of Project Contract No. 4476 $93,000.00 Engineer's Estimate Approved ;peen rsaaum is Vofks Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, p 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Tom Sandefur, Project Manager at (949) 644- 3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.Newr)ortBeachCA.(io CLICK: Online Services l Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 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. ..................................... _ .... 9 NON - COLLUSION AFFIDAVIT ........................................................ .............................13 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 15 ACKNOWLEDGEMENT OF ADDENDA ...... _ .................................. .............................17 INFORMATON REQUIRED OF BIDDER ......................................... .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................21 CONTRACT..................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................29 LABOR AND MATERIALS BOND... .................................... ......................................... 33 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................... .............................. ......................... I... ... ___ .... SP -1 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashiers 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 bidders 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. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 3 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 r�revailing 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 ;;alifomia Labor Code — including, but not limited to, the requirement to pay prevailing wage :es (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by J ie Contractor at the job site. :ie Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 1! the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act. documents shall bear signatures and titles of persons authorized to sign on behalf of the sr For corporations, the signatures shall be of a corporate officer or an individual .,lior;zed by the corporation. For partnerships, the signatures shall be of a general partner. ;ole ownership, the signature shall be of the owner. lolure below represents that the above has been reviewed. #437235 A,B,C34,C36,C42 _ actors License No. & Classification Atlas Allied, Inc. rzed Signaturelritte Eva Siciliani Vice President 7/12/2010 Gale CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid Dollars (S 10% ), to be peld and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT, Contract No, 4476 in the City of Newport Beach, Is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract. Documents In the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the data of the malting of "Notification of Award", otherwise this obligation shall become null and void_ If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9th day of July 2610. Atlas - Allied, Inc. Name of Contractor (Principal) Authorized SignaturerTtle Eva Si iliani Vice President /Treasurer First National Insurance Company of America Name of Surety 333 City Blvd. West, #300 orange, CA 92868 Address of Surety 714 - 937 -1400 Telephone , R A98n ign t re Adriana Valenzuela, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT State of California County of Orange On July 12, 2010 before me, C.D. Sturaeon, Notary Public personally appeared Eva Siciliani who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she execrated the same in her authorized capacity, and that by her signature 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. C. D. STURGEON Commission 4r 1790041 WITNESS my hand and official seal. m Notary Public . California Orange County M'comm• Mar9, 2011 d J Signature (Seal) C. D. Sturgeo , I Iota ublic ACKNOWLEDGMENT State of California County of Orange ) On July 9, 2010 before me, Susan Ponsell, Notary Public (insert name and title of the officer) personally appeared Adriana Valenzuela who proved to me on the basis of satisfactory evidence to be the persortKwhose name*is/,ar6 subscribed to the within instrument and acknowledged to me thatbel§he /!bo executed the same in ,hialher/tWrauthorized capacitygW, and that by tris /hedoeir signatureW on the instrument the person , or the entity upon behalf of which the personbsyacted, 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. — SUSAN PONSELL 2 comm. # 1734814 +n NOTARY PUBLIC - CALIFORNIAa ORANGE COUNTY MY Gaemmamn Expea�lbtll2], 2011 Signature (Seal) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2963200 This Power of Attorney limits the acts of those named herein, and they have no authority to bird the Company except In the manner and to the extent herein stated, FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the 'Company), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby mama, constitute and appoint. LOURDES LANDA, ADRIANA VALENZUELA, MARK W. ROSSKOPF; ALL OF THE CITY.OF FULLERTON, STATE OF CALIFORNIA ............................ ,each individually If there be more dian.one named,`its true and.lawful attomey -irk -fact to make, execute; s®ai;'acknowledge and deliver, for and on its behalf as surety and as its act and dead, ;any' and all' undertakings, bonds, recognizances and"otthe r surety' obligations � in the penal sum not exceeding TEN MILLION AND 00 /100"*'*!" *" --** DOLLARS (s 10,000;000.00******* ***"'*** *' * *' ") each; and the execution of such undertakings, bonds, me ognizancesandothersuraVobligations, iripursuance ofthese presents;shaltbe as binding upon the Company as If they had been duty signed by the president and attested by the secrellayb} the Company is thdrxwm proper persons. - That this power is made and executed pursuant to and by authority ofthe following By-law and Authorizatlorr. ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations 0 as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, C 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 Corporation by their signature and a executed, such instruments shall be as binding as'rf 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 to appoint attorneys -in -fact: Im Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized 0 y to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety 6a any and all undertakings, bonds, recognizances and other surety obligations. nl Z � That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. d� n3 IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of cFirst National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of June 1 2010 y0 00 ,F� FIRST NATIONAL INSURANCE COMPANY OF AMERICA Co JAI- we rags ' Garnet W. Elliott, Assistant Secretary t c COMMONWEALTH OF PENNSYLVANIA as 0._ COUNTY OF MONTGOMERY On this 21st day of June , 2010 , before me, a Notary Public, personally came Garnet W. Elliott , to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF o subscribed my -name and affixed my notarial seal at Plymouth Meet'. . Pennsylvania, on the day and year fast above written. at�4�epoxve ay�y " � Ter*eeea� a n va;>vr� By Ze .ym°Nh ^xp.. Ph°n%)omeR'CouMf_ OF." - all commisxun ettpxr°a ra *.. zit, zots `fer Peelers, Notary Pubhi CERTIFICATE Mm,:n�,r+anr�s;AVan.ra Aac�ck:.mn ns rmtares y. I, the undersigned, Ass National Insurance Company of America, do hereby, certify that the'original power of attorney of which the foregoing is a lull, tru Ngr , is in.fuli force and effect on the date of this'cartiticate; and I do further certify that the officer.or official who executed the said powar of s an Assistant Secretary. specially authorized by the chairman or the president to appoint attomeys -in -fact as provided In Article N, Section 12 of the By -laws of First National Insurance Company of America. 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 First National Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. 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. ' 1 0 9 2010 IN TESTIMONY WHEREOF, I have hereunto subscribed my na ed the corporate seal of the said company, thi�V� - day of Srszaµ By. David M. Carey, AWstant Secretary O i} 0 O o� g N ACKNOWLEDGMENT •........4m........ 0 .............................. 1.0..................... a.... State of Californla county of ) as, On before me, Notary F'tit:lic, personally appeared ,who P;,.:-cud to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are tihscrlbed to the within Instrument and acknowledged to me that hefshe /they exepyted the ..11.0 in his/her/their authorized capacity(ies), and that by his/herRheir signaturaa(s \on the :rl:•itur omit the person(s), or the entity upon behalf of which the person(s) acted, executed the !nMtnlment. ty L� +'v under PENALTY OF PERJURY under the laws of the State of Cal oola that the r.t,'Iri paragraph is true and correct. `( � �•. f NFSS my hand and official seal. 4 v I �v (seal) � ................... A . . . . . . . 1....... ...._.. u....................., OPttONAL IMPOAM477ON t�l, of Qccumen( ( Thumbprint of Signer ... t Tiff@ of Document o •l:nr of Pages to Document Pwn iment in a Foreign Language ypo of Satisfactory Evidence: Personally Known with Paper identification "aper Identification (. iwiible Witnesses) t; >:pacity of Signer: .,__ Trustee -- _ Power of Attorney CEO /CFO /GOO President 1 VirsPresident / Secretary I Treasurer Other: Other Information: © Chock here if no lbumblarinl or ruxgwirn is svellabte. ACKNOWLEDGMENT Pr....uY........uu.. I. ...............0............... e..................\.0 State of California Counly of SS. t» _ before me, :!,Iic, personally appeared F r o.•::d to me on the basis of satisfactory evtdenc la b t ,::I>::cribed to the within instrument and ecknO edged e to in histhedtheir authorized capecity(ies and that b, Iment the person(s), or the entity upo haft of vh ;::�trument. +.ender PENALTY OF PERJ Y under the taws ^:l Ig paragraph is true and Corr C MISS my hand and official al. f• Nctary tijsbn(s) whose name(s) Were lost he/shelthey executed the erltheir signatures(s) on the person(s) acted, executed the the State of California that the t�! .........Y .................. 6..... ... II�.. I. Y .................1....1........ IN3i^ Of '! .!„- w Tale of Document • :,z!r of Pages in Document . cornent in a Foreign language I y! a of Satisfactory Evidence: Personelly Known with Paper Identification Paper Identification Credible Witness(es) C:a; acltyof Signer. -- . T'nistee ••.,.__,_ Power of Attorney .—CEO/CFO/coo • .. President I Vice- President I Secretary ! Treasurer _— Other: t)::, .r !INS 7 Thumbprint of Signer ❑ Check here R no thumbpr!nt or fingerprint Is awlIsb!e, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to he withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Totat Bid Name: Integrity Electric 8 Address: 3081 E. La Jolla Suite G 2% Anaheim, CA 92806 ll Phone: 714- 632 -5764 State License Number: 7900629 Name: Address: Phone: Slate License Number: Name: Address: Phone: State License Number. 1 S \ \ Atlas Allied, Inc. Bidder Authorized Signaturerritle Eva Siciliani V.P. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Inc- 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 Stuart Mesa Ground Water Treatment System Phase I installation of a ground pump system, 2 - 20,000 above ground tanks with Project Description associated underground piping to remove underground water from Rail Facility. Phase II Low Flow Storm Water Diversion, new storm drain structures, ground water pump system & associated underground piping Approximate Construction Dates: From 1/2008 To: 6/2009 Agency Name North County Transit District Contact Person Mindy Smith Telephone (76� 967-2834 433,686.00 620,641.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Change Order work requested by owner 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. NONE No. 2 Project Name /Number Underground Utilities at North Corona Metrolink Parking Structure Reroute & install new utilities, storm drain, sewer & domesticlfire water Project Description outside of new 5 story parking structure at No. Corona Metrolink Station Approximate Construction Dates: From 1128!2008 I.:rency Name North Corona Metrolink/ McCarthy Building Company, Ina ontact Person Mike Flick (949) 355 -7028 (cell) 257,040.00 816-291 X603 0 Contract Amount $ Final Contract Amount $ 38T532.00 ,.ial amount is different from original, please explain (change orders, extra work, etc.) Change Order work requested by owner `ile any claims against the Agency? Did the Agency file any claims ulContractor? If yes, briefly explain and indicate outcome of claims. NONE f,,- me /Number Monrovia Public Library f Underground Utilities 1:' Description Install underground utilities for new City of Monrovia Library facility ; i Hate Construction Dates: From 11/14/06 To: 3131/09 Name City of Monrovia / Bernard Bros Construction Management xi Parson Carlos del Campo Telephone ( 661) 510 -8176 108,500.00 112,904.79 -:1 Contract Amount $ Final Contract Amount $ r• gal amount is different from original, please explain (change orders, extra work, etc.) Change Order work requested by owner U Ne any claims against the Agency? Did the Agency file any claims you /Contractor? If yes, briefly explain and indicate outcome of claims. NONE 10 No. 4 Project Name/Number Emergency Repair Underground Storm Drain System @ Carr Intermediate School Project Description Install new underground storm drain system and catch basin Approximate Construction Dates: From 11/16/08 To: 2115109 Agency Name Santa Ana Unified School District Contact Person Garth Wright Telephone ( 714/ 662 -0227 Original Contract Amount 208,600.00 Final Contract Amount $ 208,600.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. NONE No. 5 Project Name/Number Fullerton College -Building 1400 Site Work/ Utilities Project Description Site utility improvements including storm drain, concrete & asphalt repairs Approximate Construction Dates: From 03/26/08 04/30/09 Agency Name North Orange County Community College / CW Driver Builders Contact Person Robert Daniels Telephone (71) 992 -7588 1,625,528.00 1,921,825.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Change Order work requested by owner 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. NONE 11 No. 6 Project Name /Number Modification to Existing Pressure Relief Facilities Install new Pressure Relief System for 20" City of Huntington Beach water supply line, Project Description induding excavation, piping welding & on site improvements. This water line is a critical supply line for the City of Huntington Beach water system. Approximate Construction Dates: From 11/9107 To: 5112/08 gency Name West Orange County Water Board o:rtact Person Duane Wentworth Telephone (71) 536 -5517 133,825.00 lal Contract Amount $ Final Contract Amount $ 246,150.00 I n731 amount is different from original, please explain (change orders, extra work, etc.) Change Order work requested by owner file any claims against the Agency? Did the Agency file any claims r:::u /Contractor? If yes, briefly explain and indicate outcome of claims. None ; additional sheets if necessary. . to this Bid the experience resume of the person who will be designated as ai Construction Superintendent or on -site Construction Manager for the •tcactor. aquest, the Contractor shall attach a financial statement and other information ntly comprehensive to permit an appraisal of the Contractors current financial --itions. Q Atlas Authorized Signature/Title Eva Siciliani V.P. 12 F_�.)Wlne General Mping Engineering Daniel "Corey" Apodaca Corey began his career with Atlas- Allied, Inc. in 1996, becoming a Foreman in 2004. Certifications & Training: • Heavy Equipment Operator - Certified Backhoe *Bobcat *Excavator *Loader • Butt Fusion / Socket Fusion — Trained & Certified • Gas Fusion Trained & Certified • Commercial Drivers License • NUCA Excavation Safety & Competent Training Program — Certified • General Contractor License • Pipeline Contractor License • CPR Certified • On the job training — started out as a laborer working up to Operator • Fluent in Spanish 1210 N. Las Brisas St. Anaheim, CA 92806 714 -630 -3633 office * 714 - 630-0445 fax CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 NON - COLLUSION AFFIDAVIT of California j j ss. cnty of Orange j Eva Siciliani being first duly sworn, deposes and says that he or she is Ice rest en of Atlas Allied. Inc. , the parry making the ,omg bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, .env. association, organization, or corporation; that the bid is genuine and not collusive or sham; that ,King the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed *nership, company, association, organization, or corporation; that the bid is genuine and not r, 1,, ;ham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder m.- else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any ctly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid C. r -idder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that bidder, or to secure any advantage against the public body awarding the contract of anyone : •rd in the proposed contract; that all statements contained in the bid are true; and, further, that the an not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents i -,r divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, .:),p, company association, organization, bid depository, or to any member or agent thereof to ivate a collusive or sham bid. :. under penally of perjury, of the laws of the State of California that the foregoing is true and correct. Atlas Allied Inc. TM-11 �'v_-L Authorized Signaturelritle Eva Siciliani V.P. ,,. Abed and sworn to (or affirmed) before me on this day of 2010 Please See Attached personally known to me or proved to me on -,,v i-,asis of satisfactory evidence to be the person(s) who appeared before me. =nify under PENALTY OF PERJURY under the laws of the State of California that the it 1i onoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: JURAT State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 12 th day of July 2010, by Eva Siciliani , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. C. D. STURGEON COMH 18810n # 17SOOA1 W Notary Public • California Orange county £ MVC=m.80e3Mar9.2017 aSignature (Seal) C.D. Sturgeo iotary j lic CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 DESIGNATION OF SURETIES Bidders name Atlas Allied, Inc. 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): Bonding Cod Sur*: First National Insurance Company of America 333 City Boulevard West- Suite 39Q, Orange. CA 92868 Mike Stein 714 -937 -1400 x 634 680 Langsdorf Drive, Suite 100 Fullerton, CA 92831 Bonding: Susan Ponsell /insurance: Kay Vongsoury 714 - 578 -7010 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476. CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Atlas Allied, Inc. 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 5 12 16 24 18 22 97 Total dollar Amount of 1,250 3,250 6,285 4,872 5,470 3,919 25,046 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Atlas Allied, Inc. Business Address: 1210 N. Las Brisas St. Anaheim, CA 92806 Business Tel. No.: 714 -630 -3633 State Contractor's License No. and Classification: #437235 A,B,C34,C36,C42 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder 4t%, %, . L-L, George L. Siciliani Date 7/1 010 Title President Signature of q bidder Eva Siciliani Date 7/13/2010 Title Signature of bidder Date Title Corn- Secretary 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 partnershipCoint venture must be provided, followed by signatures of all of the partnersftoint ventures or of fewer than all of the partnersfjoint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnerstjoint 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. [NOTARY ACKNOWLEDGMENT MUST BE ATTACHED] irot ACKNOWLEDGMENT State of California County of Orange On July 13, 2010 before me, Nile Sensabaugh, Notary Public personally appeared Eva Siciliani who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature 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. NIL E sion # 1 000 Commission it 1800038 �d Notary Public • California Orange County M Comm. Expires Jun 1, 2012 Signature (Seal) Nile Sensabaugh, Notary Public ACKNOWLEDGMENT State of California County of Orange On July 13, 2010 before me, Nile Sensabaugh Notary Public Personally appeared George L Siciliani who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature 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 '.I� Nile Sensabaugh, Notary Public NILE SENSA�BALIGH Corn niIsI 0 s 1800039 Notary PuGHO • CaOforrla Oraope County Comm. roe Jun 1. 2012 (Seal) ACKNOWLEDGMENT State of Califomia County of Orange On July 13, 2010 before me, Nile Sensabaugh, Notary Public personally appeared Catherine Sturgeon who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature 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 Nile Sensabaugh, Notary Public NILE SENSABANN J Commisskn s INN39 ►may Public • CdNorrda Oranpa Coumy M Comm. FJ Iros Jun i, 2012 (Seal) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 ACKNOWLEDGEMENT OF ADDENDA Bidders name Atlas Allied, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature Yk. 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 INFORMATION REQUIRED OF BIDDER ,,r certifies under penalty of perjury under the laws of the State of California that the wing information is true and correct: of individual Contractor, Company or Corporation: Atlas Allied. Inc. _ ° Hess Address: 1210 N. Las Bbsas St. Anaheim, CA 92806 ,: ie and Fax Number: Ph. 714 - 630 -3633 Fx. 714 - 630 -0445 i!:,:.mia State Contractor's License No. and Class: #437235 A.B.C34.C36,C42 RED AT TIME OF AWARD) ;ate Issued: 04/07/83 Expiration Date: 04/30/11 name and titlelposition of the person(s) who inspected for your firm the site of ;proposed in these contract documents: Nile Sensabaugh, Senior Estimator ;lowing are the names, titles, addresses, and phone numbers of all individuals, embers, partners, joint ventures, and company or corporate officers having a _;pal interest in this proposal: Title Address Telephone Atlas - Allied, Inc 1210 N. Las Brisas St., Anaheim, CA 92806 714-630 -3633 George L. Siciliani President 4251 Citrus Circle, Yorba Linda, CA 92886 714579 -1980 Eva Siciliani V. P. /Treasurer 4251 Citrus Circle, Yorba Linda, CA 92886 714579 -1980 Catherine D. Sturgeon Secretary 213 Backs Lane #C, Placentia, CA 92870 714342 -0290 ,:. orporation organized under the laws of the State of California fi&t The dates of any voluntary or involuntary bankruptcy judgments against any principal I aving an interest In this proposal are as follows: None "I company, corporate, or fictitious business names used by any principal having Nest in this proposal are as follows. ':A! arbitrations, lawsuits, settlements or the like (in or out of court) you have been .I in with public agencies in the past five years (Attach additional Sheets If az {) provide: ,r the names, addresses and telephone numbers of the parties; ,...•f!y summarize the parties' claims and defenses: . ? you ever had a contract terminated by the ownertagency? If so, explain no ever failed to complete a project? If so, explain NIA ar any projects you have been involved with in the last 5 years, did you have any :l i ms or actions by any outside agency or individual for labgr compliance (i.e. failure to ,oy prevailing wage, falsifying certified payrolls, e(c)') Yes 7 No a.r+ any claims or actions unresolved or outstanding? Yes No 19 Cathwirve Stu n - to sect®tary If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Atlas Allied, Inc. Bidder On before me, personally appeared rT (Print name of Owner or President of Corporation /Company) Authorized Signatureffiile Eva Siciliani, V.P. Vice President Title 7/13/2010 Dale Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Please See Attached Notary Public in and for said State My Commission Expires: (SEAL) 20 ACKNOWLEDGMENT State of California County of Orange On Juty 13, 2010 before me, Nile Sensabaugh, Notary Public personally appeared Eva Siciliani who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature 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 Nile Sensabaugh, Notary Public NILE SENSAPAUGN Commission # 7500039 a Notary Public - California Orange County Comm. Expires Jun 1, 2012 (Seal) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 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 speed 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 SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 CONTRACT THIS AGREEMENT, entered into thisX y o � 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Atlas- lied, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT The work necessary for the completion of this contract at Seashore Drive consists of removing the existing flap tide gate and procuring and installing a Tideflex valve and at Pearl Avenue consists of removing the existing tide gate, and lid, installing a new tide gate, repairing concrete around lip of structure, installing new lid, and procuring and installing a Tideflex CheckMate check valve in the outlet pipe WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4476, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 Ninety -Two Thousand, Three Hundred and 001100 Dollars ($92,300.00). 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: Tom Sandefur (949)644-3312 Atlas- Allied, Inc. 1210 N. Las Brisas Street Anaheim, CA 92806 714 - 630 -3633 714 - 630 -0445 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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 23 all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability 24 arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in 41 compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers 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 i� any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be 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. 27 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: M� CITY OF NEWPORT BEACH A Municipal Corporation By: _�o Mayor Keith Curry ATLAS- ALLIED, INC. By: (Coro to Officer) Title: President Print Name: George L. Siciliani By: (Financial Officer) Title: Vice President & Treasurer Print Name: Eva Siciliani Please note: Corporations must complete and sign both places above even if each office is held by the same individual 28 Executed in Four (4) Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO, 4476 BOND NO. 6579617 FAITHFUL PERFORMANCE BOND The premium charges an this Bond is $ 1,329.00 being at the rate of $ 14.40 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Atlas - Allied, Inc., hereinafter designated as the "Principal ", a contract for construction of SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT, Contract No. 4476 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4476 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and First National Insurance Company of America , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Ninety -Two Thousand, Three Hundred and 001100 Dollars ($92,300.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that ff the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22nd day of July . 2010. Atlas- Allied, Inc. Atlas-Allied, Inc. (Principal) First National Insurance Company of America Name of Surety 333 City Blvd. West, #300 Orange, CA 92868 Address of Surety (714) 937 -1400 Telephone Authorized SignaturelTitle Eva Sicilia Vice President /Treasurer Authorizedt gent Signature Lourdes Lands, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT ............................................asse ss........... /................1 State of California County of Orange } ss, On July 22, 2010 before me, Susan Ponsell Notary Public, personally appeared Lourdes Landa proved to me on the basis of satisfactory evidence to be the persogKwhose nama(syislaw subscribed to the within instrument and acknowledged to me that beisheh* executed the same In his djhetr authorized capacityjiesj and that byhislherAth€ir signaturesKon the instrument the person,W, or the entity upon behalf of which the persor}Wacted, 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 SUSAN P6)AtLL COMM. # 1734814 NOTARY PUBLIC • CALIFORMA Z C7 ORANGE COUNTY My Cammun.n evpu.. M.M. R7, mI1J (sea)) .................. .........................am.... 4.......... son.... a.... a .... ., Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper __ _ Paper identification Credlble Witness(es) / Capacity of Signer: Trustee Other OPTIONAL INFORMATION CEC CFO /COO President I Vice- President I Secretary / Treasurer Other: 31 Thumbprint of Check here if no Thumbprint or fingerprint is available. ACKNOWLEDGMENT ............... . ...... . ... ......... .... soon* ....... ............a........ ......i State of California County of ORANGE ss. On July 22, 2010 before me, C.D. Sturgeon Notary Public, personally appeared Eva Siciliani proved to me on the basis of satisfactory evidence to be the person(M) whose name(a) is/ subscribed to the within instrument and acknowledged to me that tNtshe/IW executed the same in ITistherlt EW authorized capacity"99, and that by Mher/M signatures(iq on the instrument the person(4 or the entity upon behalf of which the person(d) 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 seat. Signature C. D. STURGEON Commission # 1730041 Notary Public - California £ Orange County W Comm. Er $f bes Mon 9.2011 (seat) ............................................. ............on................. am. OPTKNMAL fNFORA14TION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language _. Type of Satisfactory Evidence: Personalty Known with Paper Identification _ Paper Identification / Credible Witness(es) Capacity of Signer: Trustee Power of Attorney — CEO / CFO ^President ! Y P Other: Other 1 Secretary f Treasurer 32 Thumbprint of Signer C] Check here if no thuntbPrint or fingerprint Is available. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. FSLIC E 1 This Power of Attorney limits the cote of those named herein, and they have no authority 10 bind the Company except in the manner and to the extent herein stated. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Company'), a Washington stock Insurance company, pursuant to and by authority of the By -law and Authorization herdnefterset forth, does hereby name, conslitutsand appoint. LOURDES LANDA, ADRIANA VALENZUELA, h1ARK W. ROSSKOPF, ALL OF THE CITY OF FULLERTON, 670E OF CALIFORNIA ............................ each individually if there 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 deed, -. any and all undertakings, bonds,, recognzanees an d..other surety obligations. in the panel sum not exceeding TEN MILLION AND 00/1 itfitttfYMNi- * *****.DOLLARS (s 10,000,000.00' ***** * *** " *"** ** * * * *) each; and the execution of such undertakings, bonds, recognmances and'othersursty xthugations; fn pursuanceofthese presents, shall be as bknt ing upon the Company as lf they had been duly signed by the president and attested by the secaelaryt f the Company in than own proper persons. .. That this power Is made and executed pursuant to and by authority of the following By-law and Authorization ARTICLE IV - Execution of Contracts: Section 12. Surety Bands and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman of the President may prescribe, shall appoint such ahomeys it -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds,.recognizonoes 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 Corporation by their signature and 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 authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By -laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, Is authorized to appoint such attomeys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full 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 First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this .219 day of June , 2010 FIRST NATIONAL INSURANCE COMPANY OF AMERICA .Crf �rF"aG'� s SCAL BY.(syv -r�*F/ l✓- Lore Ysze Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA sit 'wemu^t" COUNTY OF MONTGOMERY On this 21st day of June 2010 . , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he {mows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of First National Insurance Company of America thereto with the authority and at the direction of said corporation. - IN TESTIMONY WHEREOF vp to subscribed my name and affixed :my notarW:seal at� Plymouth -Mee ' ,'Pennsyhrans, on the clay and year first above written. ��6/�UO" ly .�. feress Peutatle. NotatY PJoik , BY / Yipi°''"P• M0tf0O"' "ry �bunty Te e a Pastalla, N Public CERTIFICATE nnv.GOmmwmn cireA Mor. zs,2ara °1` Minter, Vmrs syvuiSAesaciW:onprNateres . I, the undersigned, Ass st National Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, tru y, s in full force end. effect on the date of this :certificate;. and-1 do further certify that the officer or official who executed the said power of fir an Assistam Secretary speaailq authorized by the dhalrman, or the. president to appoint sitomeys -in -fact as provided in Article IV, Section 12 of the By -laws of First National Insurance Company of America 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 First National Insurance Company of America ate meeting duly called and held on the 1 Sth day of September, 2009. 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. .I L01 O IN TESTIMONY WHEREOF; I have hereunto subscribed myna ' ed the corporate seal of the said company, tltta day of owaese B y SEAL raze ,�� Davi�M. Carey, A Secretary Executed in Four (4) Counterparts Premium: INCLUDED CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 BOND NO. 6579617 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Atlas - Allied, Inc., hereinafter designated as the 'Principal," a contract for construction of SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT, Contract No. 4476 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. 4476 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, First National Insurance Company of America 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 Ninety -Two Thousand, Three Hundred and 001100 Dollars ($92,300.00) 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 tabor, 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 22nd day of July 2010. Atlas- Allied, Inc. Atlas- Allied, Inc. (Principal) First National Insurance Company of America Name of Surety 333 City Blvd. West, #300 Orange, CA 92868 Address of Surety (714) 937 -1400 Telephone Authorized Signature(fitle Eva Siciliani, ce President /Treasurer Authorized ent Signature Lourdes Landa, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M! ACKNOWLEDGMENT ..... 11 .................. Vona ............. ....... ... .......................M.... State of Califomia County of Orange ) ss. On July 22, 2010 before me, Susan Ponsell Notary Public, personally appeared Lourdes Landa ,who proved to me on the basis of satisfactory evidence to be the persopW whose name,(eyistare subscribed to the within instrument and acknowledged to me that ftefsheJbA+ executed the same in Jiis/her! Ir authorized capacitAksl, and that by >isfherftj signaturea(sy on the instrument the persort , or the entity upon behalf of which the person(Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 — Signature =OTARYA ELL Z 4814 LiFORNIAZ (9 NTY Marc02i, 2011' (seal) ......... .. ........... .. .................. eve ... . ... ......... ................. r OPrrONAL 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 Paper Identification / _ Credible Witness(es) - Capacity of Signer: Trustee —Power ofgttorney CEO ,1,CFO 1 COO P5fie dent I Vice-President 1 Secretary I Treasurer r: Other Information: 35 of Signer ❑ check here if no thumbprint or fingerprint is avallabte. ACKNOWLEDGMENT ................................................ •.............................I State of California County of Orange } S5. On July 22, 2010 before me, C.D. Sturgeon , Notary Public, personally appeared Rya Si it iani ,who proved to me on the basis of satisfactory evidence to be the person( whose name(W Is/= subscribed to the within instrument and acknowledged to me that !ae/she/ttley executed the same in jWher /fir authorized capacity(gais), and that byAWher /Mir signatures(l) on the instrument the person(d), or the entity upon behalf of which the parson(b) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature C. 0. STURGEON Commission # 1730041 i , m Notary Public - California £ Orange County MyCcmm EVkes NAa r 9, 2011 (seal) ..................... ............................... a ..... ........... ....... ... OPTIONAL INFORMA77ON 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 _CredibleWitness(es) Capacity of Signer: Trustee Power of Attorney CEOICFOtCOO _ President I Vice-Pt Other: Other I Secretary I Treasurer 36 Thumbprint Check here if m thumbprint or fingerprint is available. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2963241 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. FIRST NATIONAL INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America (the "Companyy, a Washington stock insurance company, Pursuant to and by authority of the By -law and Autoorization hereinafter set forth, does hereby name, constitute and appoint. LOURDES LANDA, ADRIANA VALENZUELA, MARK W. ROSSKOPF, ALL.OF THE .CITY OF FULLERTON; STATE O,F CAUFORNIA ............................ each individually If there 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 dead,. any and'alf undertakings, bonds,, recoghizances and other surety obligations In "-the penal sum not exceeding TEN MILLION AND 00%OW""O M YNY ff' . Y *YY41.DOLLARS ($ 10,000,000.00" "• " " """"" :`•' *•) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, irtpursuance ofthesapressnts- shafibe as bindng upon the Company as If "had bean duly signed by the president and attested by the secretary of the Company in their own proper Persons. That this power is made and executed pursuant to and by authority of the following By -law end Authorization ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation 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, shag appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -In- fact, subject to the limitations set forth in their respective powers of attorney, shall have fug power to bind the Corporation by their signature and 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 authorized the officer or other official named therein to appoint. attorneys -in -fact: Pursuant to Article N, Section 12 of the By -laws, Garnet W. Elliott, Assistant Secretary of First National Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By -law and the Authorization set forth above are true copies thereof and are now in full 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 First National Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 21st day of June 2010 FIRST NATIONAL INSURANCE COMPANY OF AMERICA `ts 792% Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY On this 21st day of June 2010 , before me, a Notary Public, personally. came Garnet W. Efott, to me known, and acknowledged that he is an Assistant Secretary of First National Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Fret National Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF (P. o subscribed my.narrlo and affixed, my notarial seat at Plymouth Mee? , Pennsylvania, on the day and year first above written. ro .. .. .eJSrdty, �1r.. Notaries Sod 4 , I. , - 1 �e� �dV VO+ - Teteea posieira, Ndary id $ ,!/} G.a�c.� .G�LAI Ply,r.'oWh ?wp., Tare Pastella, NOlary PUbIIC CERTIFlCATE OF Uy Gammkw�nn Exrarea sta :.. �. M[mhgx,.Fa ^rB}fivana ASaac+alon of NOtw`mc I, the undersigned, As - National Insurance Company of. America, %do hereby dertify that the original power of attorney of which the foregoing is a full, tru , 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 a is,an Assistant Secretary. specialty authorized by the chairman or the *esidem to appoint attorneys4n,-fact as provided in Article IV, Section 12 of the By -laws of First National Insurance Company of America 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 First National Insurance Company of America at a meeting duly called and held on the 1 M day of September, 2000- 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. JUL 0 2 1Ulu IN TESTIMONY WHEREOF, I have hereunto subscribed my na 'rid the corporate seal of the said company, this �v day of ��raaa Devi M. Carey, Asiffetant Secretary rITs..Fel. a�caa�o an%&Tl aF,INr ACORD- CERTIFICATE OF LIABILITY INSURANCE �nii2010 Y' PRODUCER BB &T Insurance Services of CA, Inc. 680 Lan sdorf Drive Suite 100 9 Fullerton, CA 92831 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 9 INSURED Atlas - Allied Inc. 1210 N. Las Brisas Anaheim, CA 92806 INSURER A: Travelers Indemnity CO. CT 25662 INSURER B: National Union Fire Ins Co PA 19445 NSURER c: Everest National Insurance Co 10120 INSURER D: Travelers Property Casualty Co 25674 INSURER E: 11/01/2010 rnareernr_e¢ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HM LTR MAYL NSRE TYPE OF INSURANCE POLICY NUMBER pALIGY EFFECTWE 11101/2009 PO DATE MEIRATN)N LIMITS A GENERALUABIUITY 4T22CO1547P707TCTO 11/01/2010 EACH OCCURRENCE $1000000 DAMAGE TO RENTED s300,000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one pmwl) CLAIMS MADE FRI OCCUR $5,000 PERSONAL &ADV INJURY $1.000.000 X PD Ded• $2.500 GENERAL AGGREGATE s2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2000000 POLICY X J'E'CT LOC A AUTOMOBILELIABILTTY ANY AUTO BA1547P70709CNS 11101/2009 11/01/2010 COMBINED SINGLE LIMIT (Ea aocld nt) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Par aowtl t) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILMY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTOONLY: AGG B FXCESSIUMBRELLALIABWITY BE037601141 11/01/2009 11101/2010 EACH OCCURRENCE $4000000 7 X OCCUR CLAIMS MADE AGGREGATE s4.000.000 $ DEDUCTIBLE X $ RETENTION $10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER,EXECUTIVE 7600000261091 11101/2009 - 11/01/2010 X WCSrATU- oTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1 OLIO OLIO pDaFnICCaER af6µ'1 EXCLUDED? SPECIAL PROVISIONS Celm E.L. DISEASE- PaICYLIMIT E1,000 000 D OTHER Equipment QT6601593CI96TIL09 11/01/2009 11/01/2010 $1,000 Deductible Rented/Leased $275,000 Max Per Item DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Seashore Drive and Pearl Avenue Tide Valve Replacement; Contract No. 4476 The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named additional insured as respects general and auto liability, this Insurance is primary and noncontributory with any other insurance of the additional insured, and waiver of subrogation as respects (See Attached Descriptions) City of Newport Beach Public Works Department 3300 Newport Blvd. Atin Tom Sandefur Newport, CA 92663 ACORD 25 (2009/01) 1 of 3 AS5365463IM4627261 i ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_ DAYS WRfTTEN TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL NO OBLIGATION OR LIABIWTY W ANY KIND UPON THE (011SURER, ITS AGENTS OR e 1988 -2009 ACORD CORPORATION. All right: The ACORD name and logo are registered marks of ACORD "AWAa IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 176103 A_1h'JI4:7 The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGORD 25 (2009101) 2 of 3 Atlas - Allied Inc Policy No. 4T22CO1547P707TCT0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to Include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal Injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the iwritten contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re= quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described In Section ill — Limits Of Insurance. b) The insurance provided to the additional In- sured does not apply to "bodily injury", "prop- erty damage" or "personal Injury arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and fl. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oo- ours before the and of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earilei. 3. The Insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other Insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and noncontributory basis, this Insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the Insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement a) The additional insured must give us written notice as soon as practicable of an "occur - renoe" or an offense which may result in a claim. To the extent possible, such notice should Include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and when; the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and Iii. The nature and location of any injury or damage arising out of the "occurrence" -or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: f. Immediately record the specifics of the claim or "suit and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional. insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit, and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit to any provider of "other insurance" which would cover the additional insured for a loss we oover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "properly damage* oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Atlas Allied Inc Policy No. 4T22CO1547P707TCT0 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit Coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perlis of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E.. Incidental Medical Malpractice F. Extension of Coverage -- Bodily Injury G. Contractual Liability— Railroads PROVISIONS A. BROADENED NAMED INSURED I. The Named Insured in Item 1. of the Declara- lions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section 11) Item 4.a. Is deleted and replaced by the following: H. Additional Insured — State or Political Subdivisions I. Other insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury — Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES (DENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; a. Coverage under this provision is afforded d. Smoke resulting from such fire, explosion, only until the 180th day after you acquire or lightning; or or form the organization or the end of the e. Water, policy period, whichever Is earlier. A separate limit of insurance 'applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter, c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section 111) is deleted and replaced by the following: . Subject to 5. above, the Damage To Prem- Ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnffes any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by. fire; explosion; lightning; smoker resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1— Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or-organization because of payments we make for injury or damage arising out of. premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under. a contract with that person or organization; "your work"; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured') with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- Ing injury' offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage that occurs, or "personal injury" or "adver- Using injury caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- . eluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and correctible Page 2 of 6 .Copyright, The Travelers Indemnity Company, 2004 CG 0316 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 2. 3. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A: — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering bf, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The -furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration Is. demanded or received. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section 1— Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage "_arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E.. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of 'insured con - tract' (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section II)i is amended to include as an insured any state or political subdi- vision, subject to the following provisions: This insurance applies onlywhen required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D3 16 07 04 . Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products - completed opera- tions hazard ". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY COW DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other Insurance" is also 'prlmary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Bulder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner, (3) That is insurance purchased by you to cover your liability as a tenant for "properly damage" to premises rented to you or tempo - rarity occupied by you with per- mission of the owner, or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit 'd any provider of "other in- surance" has a duty to defend the in- sured against that "suit'. If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the Insured's rights against. all those providers of "other Insurance". When this insurance Is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other Insurance" would pay for the loss In the absence of this in- surance; and (2) The total of all deductible and -selfinsured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess insur- ance provision. . c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first If any of the "other insurance' does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance Is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": (5) That is avalable to the insured a. Means insurance, or the funding of losses, when the Insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 18 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section — Coverages) are amended as follows: 1. In paragraph 1.b., the. amount we will pay for the cost of bail bonds is increased to $2500. 2. in paragraph 1.d., the amount we will pay W . loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has. been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers ('d you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. COMMERCIAL GENERAL LABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation Insurer. This ap- plies only if you subsequently gore notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "poliutards" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in; any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonronewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web )[TEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per - sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d.,of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the m- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the Interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury. Advertising In- jury And' Web Site Injury Liability, such.pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury' liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract exe- cuted before the "bodily injury' or "property dam- age" occurs or the "personal injury" or "advertis- ing injury° offense is committed, to name as an additional insured, but only with respect to their 11- ability for 'bodily injury", "property damage ", "per- sonal injury' or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Deda- rations, whichever are less. 2, The Insurance afforded to the additional in- sured does not apply to any "bodily injury" or ..property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which Is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible 'other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pd- mary to, or noncontributory with, such "other insurance". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 Atlas Allied Inc Policy No. BA1547P70709CNS COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: . BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- (d) Costs fo'r extended warranties, Credit Life ment, the provisions of the Coverage Form apply Insurance, Health, Accident or Disability unless modified by the endorsement. Insurance purchased with the loan or A. PERSONAL EFFECTS COVERAGE lease; and SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured "; and (2) in or on your covered "auto "; in the event of a total theft "loss" of your covered "ate" No deductibles apply to Personal Effects Cover- age- B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER - AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered 'auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto";, and (2) Any: (a) Overdue lease /loan payments at the time of the "loss "; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor, (e) Carry -over balances from previous loans or leases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OFSOUND SECTION III — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto' at the time of the °loss" or is removable froin a housing unit which is permanently installed in the covered 'auto" at the time of the "loss ", and such equipment is designed to be solely operated by-use of the power from the "auto's" electri- cal system, in or upon the covered "auto'; or D. WAIVER OF DEDUCTIBLE — GLASS SECTION III — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered "auto" will apply to glass damage If the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered "autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto', then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services Office, Inc. With its permission. ' Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies, Inc. COMMERCIAL AUTO Physical Damage Coverage .is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for °foss" in any one .accident" to a hired, rented or borrowed auto!' is the lesser of: (a) $50,000; (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss% or (c) -The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like Idnd or quality, vre will not pay for the amount of betterment (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does'not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any 'auto "that is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract G. BLANKET ADDITIONAL INSURED - SECTION II -- LIABILITY COVERAGE, part A. 1. Who Is An Insured, paragraph c, is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Likillty Coverage, but orgy for damages to which this Insurance applies and only to the extent that person or organization qualifies as an Insured" under the Who Is An insured provision Contained in Section II. H. EMPLOYEE HIRED AUTOS SECTION 11 — LIABILITY COVERAGE, A. Cov- erage,1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. I. COVERAGE EXTENSION— TRAILERS SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Traffers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material cf Insurance services Office, Inc. v th its parmission. CA T4 20 07 o6 Includes the copyrighted material of The St Paul Travelers Companies, Inc. WORKERS COMPENSATION AND EMPLOYERS LLABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person(s) or organization (s) named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California Workers' Compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION This endorsement changes the policy to which is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/01/09 Insured ATLAS - ALLIED, INC Policy No.7600000261091 Insurance Company EVEREST NATIONAL INSURANCE COMPANY Endorsement No. Premium $ INCL. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 07/26/2010 Dept. /Contact Received From: Date Completed: 07/26/2010 Sent to: Shari Rooks 0 Shari Rooks Company /Person required to have certificate: Atlas- Allied, Inc. le1q,1141:1M_1 ■ III I_1:1141V1 Michelle Ross A. INSURANCE COMPANY: Travelers Indemnity Co. CT B. AM BEST RATING (A-: VII or greater): "A +"(XV) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? $1,000,000 plus $4,000,000 Umbrella E Yes ❑ No E Yes ❑ No E Yes ❑ No ❑ Yes E No NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Il. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co. CT B. AM BEST RATING (A-: VII or greater) "A + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $4,000,000 Umbrella E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Everest National Ins. Co. B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Michelle Ross Agent of Brown & Brown Broker of record for the City of Newport Beach July 26, 2010 Date ❑ Requires approval/exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date ® Yes ❑ No CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO.4476 ire Honorable City Council Ay of Newport Beach of) Newport Boulevard . ; •port Beach, California 92663 alemen: 'ersigned declares that he has carefully examined the location of the work, has read :actions to the Bidders, has examined the Plans and Special Provisions, and hereby P:: to furnish all materials except that material supplied by the City and shall perform t1quired to complete Contract No. 4476 in accordance with the Plans and Special i,�, and will take in full payment therefore the following unit prices for the work, e o place, to wit: .4UANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE `_ump Sum As Built Plans @ One Thousand Dollars and Cents $ 1,000.00 Per Lump Sum Lump Sum Mobilization @ Four Thousand Dollars and b Cents $ 4.000.00 Per Lump Sum Lump Sum Traffic Control @ Five Hundred Dollars kw and �t Cents $ 500.00 Per Lump Sum PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Remove Existing Flap Gate At Seashore Two Thousand Five @ Hundred Dollars and Cents Per Lump Sum 5. 1 Each Furnish and Install Tideflex 48" TF -1 Valve 7 E 91 and Cents Per EacW Lump Sum Remove Existing Canal Gate Rails, Stems and Mounts Two Thousand @ Five Hundred Dollars and Cents Per Lump Sum Lump Sum Remove Existing Hatch @ One Thousand Dollars and Cents Per Lump Sum 1 Each Furnish and Install 24" Pressure Slide Gate Twenty Five @ Thousand Dollars and Cents Per Each 1 Each Furnish and Install 4' x 6' Aluminum Hatch Three Thousand @ Eight Hundred Dollars and Cents Per Each $ 2.500.00 $ 34.000.00 $ 34,000.00 16 10 $ 1.000.00 $ 25,000.00 $ 25,000.00 $ 3,800.00 $ 3,800.00 PR3of4 !TEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 Each Furnish and Install New Stainless Steel Ladder @Two Thousand Dollars and Cents $ 2.000.00 $ 2,000.00 Per Each Lump Sum Crack Seal Bottom of Vault @ Two Thousand Dollars and Cents $ 2,000.00 Per Lump Sum 1 Each Furnish and Install 24° Tideflex CheckMate Check Valve Seven Thousand @ Five Hundred Dollars and Cents $ 7,500.00 $ 7,500.00 Per Each [Lump Sum Provide Manual Valve and Pumping @ Six Thousand Dollars and Cents $ 6.000.00 Per Lump Sum Lump Sum Additional Thrust Nut/Lift Nut For Pressure Slide Gate @ Five Hundred Dollars and Cents $ 500.00 Per Lump Sum PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS Ninety Two Thousand Three Hundred Dollars and No Cents $ 92.300.00 Total Price (Figures) 7/13/2010 P_:7.14- 630 -3633 F: 714 -630 -0445 :'s Telephone and Fax Numbers #_437235 A,B,C34,C36,C42 License No(s). sification(s) Atlas Allied. Inc Bidder C1 Ll, _ KV- A Q t rn Eva Siciliani V. P. Bidder's Authorized Signature and Title 1210 N. Las Brisas St. Anaheim. CA 92806 Bidder's Address =I s email address: eva @atlas- allied.com PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SEASHORE DRIVE AND PEARL AVENUE TIDE VALVE REPLACEMENT CONTRACT NO. 4476 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -5 PLANS AND SPECIFICATIONS 1 2 -5.3.4 Supporting Information 1 2 -6 WORK TO BE DONE 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -1 LOCATION 3 5-2 PROTECTON 3 5 -8 SALVAGED MATERIALS 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS 4 5 5 6 6 6 6 7 7 7 7 8 8 9 8 8 10 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 11 201 -7 NON MASONRY GROUT 11 201 -7.2 Quick Setting Grout 11 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.5 Solid Waste Diversion 12 SECTION 304 METAL FABRICATION AND CONSTRUCTION 12 304 -5 ALUMINUM DOUBLE LEAF HATCH 12 304 -6 STAINLESS STEEL LADDER 12 304 -7 TIDEFLEX TF -1 WITH THIMBLE PLATE 12 304 -8 TIDEFLEX CHECKMATE CHECK VALVE 12 SECTION 700 ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 13 700 -1 PRESSURE SLIDE GATE, ELECTRICAL ACTUATOR AND CONTROLS 13 SP 1 OF 14 CITY OF NEWPORT BEACH ARW --4 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4476 6 2-2 10 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D- 5358 -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 (2006 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 -5 PLANS AND SPECIFICATIONS 2 -5.3.4 Supporting Information Add to 8): "The Contractor's submittals shall include, but not be limited to, the sluice gate, motor. operator, electrical controls, ladder, hatch, epoxy materials, concrete mixes, and Tideflex materials." 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract at Seashore Drive consists of removing the existing flap tide gate and procuring and installing a Tideflex valve and at Pearl Avenue consists of removing the existing tide gate and lid, installing a new tide gate, repairing concrete around lip of structure, installing new lid, and procuring and installing a Tideflex CheckMate check valve in the outlet pipe." SP2OF14 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 ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP3OF14 SECTION 5 -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -8 SALVAGED MATERIALS. The Contractor shall salvage the existing tide valve, flap gate, metal hatch, and frames. Salvaged materials shall be delivered the City's General Services Yard at 592 Superior Avenue. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Tom Miller, SS /SW Supervisor, at (949) 718 -3481. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated their 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 60 consecutive working days after the date on the Notice to Proceed. Up to 40 consecutive working days shall be granted for shop drawing preparation, review and approval, and Tideflex manufacturing and delivery. After receipt of the Tideflex, the Contractor shall install and complete all construction activities under the contract within 20 consecutive working days. An installation working day is defined as a work day that has a daytime low tide or lower. SP 4 OF 14 The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1" (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4m, November 11tt' December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $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." SP5OF14 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities if required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www .newportbeacca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. SP6OF14 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all residences within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to all impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan street end. 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 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: SP7OF14 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 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 block or street, what disruptions may occur, and approximately when construction will SP8OF14 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 As Built Drawings Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. SP9OF14 Item No. 3 Traffic Control: Work underthis item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, K -rail. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Remove Existing Flap Gate at Seashore Drive: Work under this item shall include removing and delivering the existing flap gate and attached chain to General Services, removing existing hinges, and filling bolt holes flush with epoxy to the satisfaction of the Engineer and all other work items required for performing the work complete and in place Item No. 5 Furnish and Install Tideflex 48" TF -1 Valve with Thimble Plate: Work under this item shall include full compensation for procuring, delivering, and installing Tideflex TF -1 tide valve with Thimble Plate, and conducting a test with sufficient head to produce a valve opening after installation, including all labor, materials, tools and equipment and all other work items required for performing the work complete and in place. Item No. 6 Remove Existing Canal Gate, Rails, Stem and Mounts: Work under this item shall include removing existing Pearl Avenue gate, stem, and rails and transporting items to the City Yard. Existing concrete mounts shall be removed to the limit of original vault wall and floor and disposed of. Mounting holes shall be filled with epoxy to the satisfaction of the Engineer. Item No. 7 Remove Existing Hatch: Work under this item shall include removing and delivering to the Corporation Yard of the existing metal hatch, coordinating all dimensions and specification for accurate placement and mounting of new double leaf hatch, repairing and patching with mortar any cracks or spalls, and all other work items required for performing the work complete and in place Item No. 8 Furnish and Install 24" Pressure Slide Gate (Waterman P -30ff, or equal) with electric Motor Operator: Work under this item shall include procuring and delivering slide gate and AUMA electric motor operator to the site, installing slide gate and operator, junction box, conductors and connections for electric service, and furnishing all labor, materials, tools and equipment to install the gate, operator, controls, complete and in place, including testing and certification of installation, setup and operation by representatives from Waterman Industries, Inc., and all other work items as required to complete the work in place. Item No. 9 Furnish and Install 4' x 6' Double Leaf Aluminum Hatch: Work under this item shall procuring and installing hatch, including furnishing the labor, materials, tools and equipment required by manufacturer's specifications and all other work items as required to complete the work in place. SP 10 OF 14 Item No. 10 Remove Existing and Install New Stainless Steel Ladder: Work under this item shall include removing and disposing of existing ladder, patching holes with epoxy, furnishing and installing new 316 stainless steel ladder including shop drawings to be approved by the Engineer, all 316 stainless steel hardware and fasteners, mounting on existing concrete vault wall. Ladder fabrication and installation shall be to the satisfaction of the Engineer and in accordance with OSHA requirements, including any necessary appurtenances and all other work items as required to complete the work in place. Item No. 11 Crack Seal Bottom of Concrete Vault: Work under this item shall include sealing any cracks found in the vault bottom with an epoxy filler specified to work in wet conditions and approved by the Engineer to prevent water intrusion into the vault and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 24 -Inch Tideflex CheckMate Check Valve: Work under this item shall include procuring and installing a 24 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware and all other work items as required to complete the work in place. Item No. 13 Provide Temporary Manual Valve and Pumping: Work under this item shall include the means, methods and installation to provide a temporary valve to allow work within the vault during tidal fluctuations at Pearl Avenue. Compensation shall include submittal of methodology to the Engineer for approval prior to installation. A temporary vault pump out system shall be included in this item of work. Item No. 14 Provide Additional Thrust Nut/Lift Nut for Waterman Valve: Work under this item shall include ordering and delivering to the General Services Yard one extra thrust nut/lift nut for the installed Waterman valve. 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." SP 11 OF 14 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 tide gate structure construction shall be Class 650 -C -4000, and for other construction shall be 560 -C -3250. All cement to be Type IV." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Epoxy coated, Grade 60 steel conforming to ASTM A 615, A775, and D3963 with 2- inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: `The Contractor shall grout the area between an existing reinforced concrete structure and the new tide gate flange with a quick setting grout as recommended by the gate manufacturer and as approved by the Engineer." 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: www/ newportbeachca .aov /aeneraIservices and clicking on refuse, then selecting the link Franchised Haulers List." 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 SP 12 OF 14 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction." 300 -1.5 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 304 — METAL FABRICATION AND CONSTRUCTION 304 -5 ALUMINUM DOUBLE LEAF HATCH Furnish and install 4'x6' Double Leaf Access Door Hatch Type JD -AL (300 PSF) as manufactured by Bilco, or approved equal. Hatch shall have all Type 316 stainless steel accessories and hardware. Locking device shall be the recessed type capable of inserting pad lock within a hinged cover. 304 -6 STAINLESS STEEL LADDER Furnish and install Type 316 stainless steel ladder for mounting in existing concrete vault at the location indicated on the plan unless otherwise directed by the Engineer. Ladder shall be custom fabricated to fit in the vault, free from encumbrances, accessible and functional to the satisfaction of the Engineer, and in accordance with OSHA requirements. Ladder design, including working drawing, shall be submitted to the Engineer for approval, including all dimensional data and mounting methodology. 304 -7 TIDEFLEX TF -1 WITH THIMBLE PLATE Furnish and install 48" Tideflex valve with thimble plate. All metal hardware shall be 316 stainless steel. Thimble plate shall be mounted to the headwall with stainless steel hardware. Thimble plate shall be 0.75 epoxy coated carbon steel. Bolts shall have a minimum embedment of 2 ". Mounting plate holes shall be 0.88" in diameter. After installation, Contractor shall conduct a test with sufficient head in order to open valve. 304-8 TIDEFLEX CHECKMATE CHECK VALVE Furnish and install Tideflex CheckMate check valve. All metal hardware shall be 316 stainless steel. SP 13 OF 14 PART 7 SECTION 700 - -- ELECTRIC ACTUATED TIDE VALVE AND VAULT HATCH 700 -1 PRESSURE SLIDE GATE, ELECTRIC ACTUATOR, AND CONTROLS Install 24" Waterman Industries, Inc., medium duty P -30ff sluice gate, or equal approved by the Engineer, with Type 316 non - rising stainless steel stem to fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, primed and epoxy coated gate and flangeback frame for wall mounting against grout pad, all primed and epoxy coated by the manufacturer and all Type 316 stainless steel hardware, including all washers, lock washers and nuts. Install AUMA, or equal approved by the Engineer, heavy duty operator with torque and limit switches, reversing starter, local 3 button /2 light (green (open) / red (closed)) pushbutton station, local- off - remote selector switch, declutchable handwheel, all primed and coated by the manufacturer. Power source is 120 volt, single phase, 60 Hz. Actuator shall conform to the requirements of AWWA C540 -93. Actuator enclosure shall be NEMA 6 IP68 (watertight submersion of 20 feet water column for 72 hours). Manual over -ride shall be by handwheel. Manual operation will be via power gearing to minimize required rimpull and facilitate easy change -over from motor to manual operation when actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. Actuator shall be capable of hand wheel operation if motor control unit is removed. Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contacts shall be of silver and capable of reliably switching low voltage DC source from the control system furnished by others. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. All wiring shall be terminated at a plug and socket connector. All actuators in open /close service will be furnished with integral motor controls consisting of reversing starters, control transformer, phase discriminator, monitor relay (to signal fault conditions such as thermal switch trip, torque switch tripped in mid - travel, wrong phase sequence or phase failure), "open- stop - close" pushbuttons, 'local- off - remote" selector switch in addition to red (closed) and green (open) indicating lights. An interface with the control system must be furnished with optical isolators to separate incoming voltage signals from the internal motor controls. SP 14 OF 14 Size operator and sluice gate to raise and lower the gate against 50 feet of seating head and 10 feet of unseating head at 9 -to -15 inches per minute. Install electric motor control panel in existing control panel box, with clear plastic stem cover and Mylar strip type position indicator; and provide "open ", "close" and "stop" controls with red (closed) and green (open) indicator lights per A.W.W.A. C- 501 -80, Sections 3.15.13 and 3.15.15, and a 20 AMP circuit breaker. Install wiring in conduits to meet N.E.C. standards Unless specified elsewhere in these Special Provisions, install Type 304 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint system. Fabricate, assemble and anchor sluice gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long- term exposure and long -term submergence in a salt water environment, and prove to the Engineer's satisfaction that these specifications have been met. Upon obtaining prior authorization of the Engineer, provide a manufacturers authorized representative to certify the installation, setup and operation of the sluice gate, operator and controls. Upon acceptance of the sluice gate, operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice gate, operator and controls. The Contractor shall provide the City with all manuals and specifications for the motor, valve, and controls. In addition, the Contractor shall provide the City with an electrical diagram for the valve, motor and controls. F:Wsers\PBwlSharedlContraClslFY 09- 101Seashore Drive Tidal Valves C-4476 \SPECS C4476.doc 111031 FROM: CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Public Works Department Tom Sandefur, Associate Civil Engineer 949 - 644 -3312 or tandefur@NewportBeachCa.gov SUBJECT: SEASHORE DRIVE AND PEARL AVENUE TIDE GATE REPLACEMENT — AWARD OF CONTRACT NO. 4476 ISSUE: Staff requests approval of the project drawings and specifications and award of a construction contract for the Seashore Drive and Pearl Avenue Tide Gate Replacement Project to Atlas- Allied, Inc. for a total amount not to exceed $100,000. RECOMMENDATIONS: Approve the project drawings and specifications. Award Contract No. 4476 to Atlas- Allied, Inc. for the Total Bid Price of $92,300, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,700.00 to cover the cost of unforeseen work. DISCUSSION: At 10:00 A.M. on July 14, 2010, the City Clerk opened and read the following bids for this project: BIDDER Low Atlas- Allied, Inc. 2 Associated Pacific Constructors 3 GCI Construction, Inc. 4 Palp, Inc. 5 Paulus Engineering, Inc. TOTAL BID AMOUNT $92,300.00 $95,110.00 $104,240.00 $116,599.00 The low total bid amount is less than 1 % lower than the Engineer's Estimate of $93,000.00. The low bidder, Atlas- Allied, Inc. possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Atlas - Allied's references indicates satisfactory completion of similar projects for other public agencies. During high tide episodes, the City's tidal structure system is instrumental in keeping sea water out of the storm drain system and the City's streets dry. Due to the constant exposure to sea water, the tide valve at Pearl Avenue on Balboa Island and the flap gate at the end of Seashore Drive in West Newport have deteriorated and require replacement. Seashore Drive and Pearl Avenue Tide Gate Replacement — Award of Contract No. 4476 July 27, 2010 Page 2 The work necessary for the completion of this contract at Seashore Drive consists of removing the existing flap tide gate and procuring and installing a Tideflex valve and at Pearl Avenue consists of removing the existing tide gate and lid, installing a new tide gate, repairing the concrete around lip of structure, installing a new lid, and procuring and installing a Tideflex CheckMate check valve in the outlet pipe. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Up to 40 consecutive working days is allowed for shop drawing approval and material manufacture. After receipt of the approved tide valves, the Contractor shall complete the project within 20 consecutive working days. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(e) of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents in the area. FUNDING AVAILABILITY: Sufficient funds are available in the following account for the project. Account Description Tide and Submerged Lands Proposed uses are as follows: Vendor Atlas- Allied, Inc. Atlas - Allied, Inc. Prepared by: Tom Sancrefur Associate Civil Engineer Account Number 7231- C2502007 Total: Purpose Construction Contract Construction Contingency Total: Attachments: Project Location Maps Submitted by: Amount $ 100,000.00 $ 100,000.00 Amount $ 92,300.00 $ 7,700.00 100,000.00 Ate- l-J epl en 0. Badum Publi irks Director LOCATION MAP PEARL AVENUE TIDE GATE REPLACEMENT PROJECT LOCATI CONTRACT NO. 4476 2 OF L LOCATION MAP SEASHORE DRIVE TIDE GATE REPLACMENT CONTRACT NO. 4476 (PAGE 1 OF 2) COAST HIGHWAv r ZQ N