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HomeMy WebLinkAboutC-4520 - Lido Isle Pavement Rehabilitation Phase IIIOFFICE OF THE CITY CLERK Leilani 1. Brown, MMC January 9, 2011 Mr. Kenneth D. Walters E.C. Construction Company 2213 Chico Avenue South El Monte, CA 91277 Subject: Lido Isle Pavement Rehabilitation Phase III - C-4520 Dear Mr. Walters: On November 22, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 5, 2011, Reference No. 2011000618377. The Surety for the bond is Travelers Casualty & Surety Company of America and the bond number is 105473379. Enclosed is the Labor & Materials Payment Bond. 1V - l.kilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 � Fax: (949) 644-3039, www.city.newport-beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 BOND NO. 105473379 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E. C. CONSTRUCTION COMPANY, a California corporation, a hereinafter designated as the "Principal," a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE III, Contract No. 4520 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. 4520 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, Travelers Casualty &Surety Co. 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 Five Hundred Seventy -Four Thousand, Five Hundred Fifty -Nine and 501100 Dollars ($574,559.50) lawful money of the United States of America, said sum being equal to 100%b of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment welt and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 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 34 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 17th day of March '2011. E. C. CONSTRUCTION COMPANY _Bidder Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3654 Telephone 35 Gary B. Merrill —Attorney—In—Fact Print Name and Title ACKNOWLEDGMENT •......a...........*No ............................•......... Y.......... P IU M. v.., State of California County of Los Angeles }ss. On March 17, 2011 Public, personally Proved to me on the ba: before me, Priya Neilly , Notary appeared Gary B. Merrill who of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language PRIYA NEILLY Commission rf 1767494 Notary Public -California z z �� Eos Angeles County My Comm. Expires Sep 13.2{!t i (seal) ............................................, .....JNAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee X Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 36 Thumbprint of Signer Ej Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT •0...............O..IIIA\Y•..........i•........1...l......•/R.YY...I....R........ State of California County of fig_ np4 )Ss. On nna,.r Al ap ( before me, S4{ dye ., PW 8w Notary Public, personally appeared _,_ "*fvt` d &CCkS who proved to me on the basis of satisfactory evidence to be the personol whose name(A is/are. subscribed to the within instrument and acknowledged to me that heit##aey executed the same in his/Ja�r authorized capacity0ee), and that by hisA4e0# K* signatures(,ePJ on the instrument the person(hr), or the entity upon behalf of which the person(.e°) 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. . CATHERINE M. BAIRD „ COMM. #ioki8 4 Notary P� f11 s r J 1.OS ANGELES 0"M fo Ex .4't20t Signature (seal) Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other 37 Thumbprint of Signer © Check here if no thumbprint or fingerprint is available. j�t� ` cAdph POWER OF ATTORNEY TRA V ETERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223256 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004057874 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws, of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Gary B, Merrill of the City of Paced ilia _. _, Stateof i'`glif' OTIIIa , their true and lawful Attomey(s)-in-Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizaaces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this _ 1st day of _ February _u , 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company p,..511 CPA- _��%� b ak 9„aE9+4' 2A•b�">r-0i no nCIa97NJi 'nv c64 y $�ghOSMµSIak$L..4%9 'd < W,,PpSN.x=.I..N..R5..4..&q.91cM IQ�7] £E. m<"+u� °9 $fpiA4Ca4tYitFa99H�P. p➢3, rDqo° {N,y'Ipa4FEjgkEIDr41, .0.ri }vtamYa.tSp(/i(y4 T� ca ♦a JS.AY�a�� 5... .:-0 � be _../Y*. 'V ,� State of Connecticut City of Hartford ss. By: Georg Thompson,(ior ice President st February 2011 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, lnc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my hand and official seal. ' T*AR My Commission expires the 30th day of June, 2011. * �IIBLIpr 58440.4-09 Printed in U.S.A. Marie C. Tetreanit, Notary Public OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC November 23, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Lido Isle Pavement Rehabilitation Phase III - C-4520. . Harbor View Hills South & Newport Heights Pavement Rehabilitation - C-4609. Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, r Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-beach.ca.us N& * 91* = 191 * 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 R.J. Noble Company, Inc. of Orange, CA, as Contractor, entered into a Contract on June 14, 2011. Said Contract set forth certain improvements, as follows: Harbor View Hills South & Newport Heights Pavement - (C-4609) Work on said Contract was completed, and was found to be acceptable on November 22, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty & Surety Company of America. r BY ubl' orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on kifxf}Gf 2). ZO) I , at Newport Beach, California. BY--(A11o'"titr�'(��� City Clerk I ! EC FI R i d in official IIIII . IIIIIIIIIIIIIIIIIIIIIIIIII Clerk Records Recorder Orange County RECORDING REQUESTED BY� DEC ' 2IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FE WHEN RECORDED RETURN TO: 47 412 6183 77 1:25 E ti12 1 pm 12/05/1City 1 City oferk a:00 0.00 Newport Beach C( �, T ', Y CLERK °p 0 00 0.00 0.00 0.00 0.00 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 E.C. Construction, Inc. of South EI Monte, CA, as Contractor, entered into a Contract on March 8, 2011. Said Contract set forth certain improvements, as follows: Lido Isle Pavement Rehabilitation Phase III - (C-4520) Work on said Contract was completed, and was found to be acceptable on November 22, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty & Surety Company of America. ID iNorks 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 N��1��Ir , ii(% , at Newport Beach, California. BY `,4f,w City Clerk q�� ,P F �k,WP0,4r CITY OF = NEWPOO eu �p4fFOA t� City Council Agenda Item No. 8 November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Patrick Arciniega, P.E. Senior Civil Engineer APPROVED: TITLE: Lido Isle Pavement Rehabilitation Phase III — Notice of Completion and Acceptance of Contract No. 4520 ABSTRACT: On March 8, 2011, City Council awarded Contract No. 4520 to E. C. Construction Co. for a total contract cost of $574,559.50 plus a 10% allowance for contingencies. The required work is now complete and staff requests City Council accept and close out of the contract. RECOMMENDATIONS: 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 accounts: Account Description Account Number Amount Measure M Turnback 7281-C2002021 $ 487,297.25 Water Enterprise 7511-C2002021 2,135.00 Waste Water Enterprise 7531-C2002021 31 473.00 Total: $ 520,905.25 Lido Isle Pavement Rehabilitation Phase III — Notice of Completion and Acceptance of Contract No, 4520 November 22, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Construction Final Cost at Contingency Actual Contract Time Contract Award Comletion pget Tar Contract Time Under or Amount Chane (days) (Over) $574,559.50 $520,905.25 10% or less -9.3% 60 1 The work necessary to complete this contract consisted of distributing notices to affected residents, traffic control, removing raised pavement markers, removing and reconstructing existing sidewalk, curb, curb and gutter, cross gutter, grinding (cold mill), reconstructing and overlaying roadway, pruning trees and installing root barriers, adjusting utility and survey facilities, installing traffic striping, pavement markers, coordinating with outside utility owners to have facilities raised to grade and other incidental items of work to complete the project. 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: $574,559.50 Actual cost of bid items constructed: $515,765.25 Contract change orders: $5,140.00 Final construction contract cost: $520,905.25 The final construction contract cost was approximately 9.3 percent below the original bid amount. The actual asphalt tonnage used for paving was significantly less than the original estimate called for due to the determination that several of the streets did not require full depth pavement reconstruction. The contractor was able to cold mill the surface rather than reconstruct the full 6 -inch pavement depth which resulted in substantial cost savings. There were two change orders in the amount of $5,140.00 for replacement of additional sidewalk. A summary of the project schedule is as follows: Estimated completion date per June 2010 Baseline Schedule: June 13, 2011 Project Awarded for Construction: March 8, 2011 Completion Date from Award with Approved Extensions: July 13, 2011 Actual Construction Completion Date: July 14, 2011 Lido Isle Pavement Rehabilitation Phase III — Notice of Completion and Acceptance of Contract No. 4520 November 22, 2011 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: 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). Submitted by: Attachment: A. Location Map 5 \/oo S S Q� NchpoRr PROJECT LOCATIONS SAN"fi LOCATION MAP NOT TO SCALE • II i i II • ,► L • � i V CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TATE SHT. 1 OF 1 02/15/11 )RAWN MG C -452Q ATTACHMENT A CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 17th day of February, 2011, at which time such bids shall be opened and read for LIDO ISLE PAVEMENT REHABILITATION - PHASE III Title of Project CONTRACT NO. 4520 $710,000.00 Engineer's Estimate Appro j& by �phen G. Badum is Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services / Bidding & Bid Results 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT......................................................................13 DESIGNATION OF SURETIES.....................................................................14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................22 CONTRACT................................................................................................................... 23 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................34 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a stale or federal chartered bank in California, as the escrow agent. 8, In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. AM /Authorized Zi@Kature c�,tsc'S �2fGc'J(_ - lup4aalrfbAaae� Printed Name and Title of Authorized Signator Z- l/ -?-/",i Date G iicl -A Contractor's License No. & Classification Z-, e. Gp vS%/LUGTlO M GD. Bidder 02/02/2011 13:16 6264443077 PAGE 02/04 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 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 Bid Amount Dollars ($ lo% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE III, Contract No. 4520 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11th day of February , 2011. E. C. Construction Co. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3654 Telephone Gary B. Merrill -Attorney-In-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 02/02/2011 13:16 6264443077 PAGE 03/04 ACKNOWLEDGMENT ................................................. 0............................. State of California County of Los Angeles )ss. On February 11, 2011 before me, Priya Neilly Notary Public, personally appeared nary R. Merrill , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNF.S hand and official seal. PNEa7v �- Commisssiosio n p 1767484 Notary Public - California i D Los Angeles County My Comm. Expires Sep 13, 2011 ure ' (seal) ........{...................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee ✓ Power of Attorney CEO/CFOICOO President I Vice -President I Secretary I Treasurer Other: Other Information:_ _ Thumbprint of Signer Check here if no thumbprint or fingerprint is available. .10111s, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 217012 Certificate No. 003252473 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company. Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Gary B. Merrill, and James F. Huff of the City of Pncadena , State of ralifprnin , their true and lawful Attomey(s)-in-Pact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permuted in an) actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 24th day of September 12009 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company d 6 nRfla) l��s "�P'A w cM°°"q`;^ •T� 1912 0 :SEAL = tr • alanitlQ ttl0ran4 AnAw 19$1 nor a raa6 State of Connecticut City of Hanford ss. By. J Georg Thompson, tr cc President On this the 24th day of September 2009 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Memory Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto set my hand and official seal. T*A0 My Commission expires the 30th day of June, 2011. O p�kyG /�# '� �iJ 50440-4-09 Printed in U.S.A. Maric C. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Sl. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, my Vice Chainman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in rhe office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vitt President. any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Aaomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compames, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11 th day of February , 2011 Kori M. Johan Assistant Secretary k� ' xua L TO`•Y'!_ar x: F,o. ,xsugs4' �..�qp�t 0- �O e.su lr fa=60 19%% atm u�o"'x,r; >•; �+<`n aunwrc. avmaxl5 �m p � �s 1951 ;:se AL%8 158aLi'� ixaat ; 3 `°"` e 3 ria ,p N17AnNd^- To verify the authenticity of this Power of Attorney, call 1-800-021-3880 or contact us at wwv,"avelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. CALUFOIRNIA ALL-PURPOSE ACKNOWLEDGMENT y�r�,<..e�T,^crcr•.vY-cursrr,.crsnc�c^c^-c�-:^�-r . - - --:ter-- -. �• - -•.ar-:-r.-.�r.,: ���-�^.r'.�; �,�_.r State of California County of Z DS elW 6-t6Z�� On %. i y F -PO // before me, C'ATNE1eI NC /M. �F}I ('-0 NoTR24 Pw13U Data_ Here nserl Name antl TiO¢.al t 011icer personally appeared KENNETH D. •WRLT6PS Namets) of Signers) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(8'f isfaf&subscribed to the within instrument and acknowledged to me that CATHERINE M. BAIRD he/sbAdt4W executed the same in his/ITefltheir authorized COMM. #1920500 In capacity(ie erson ), and that by his/HeW44eif signature(a) on the W ' ® Publiocalffoni s instrument the .OS sOXNn p l4, or the entity upon behalf of Com .FES1 2015 which the personVO acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature (f/1"-/9 � Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is no; required by law, it may prove valuable to persons : elying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ 0 Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHT -THUMBPRINT �eF SIGNfA= Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Tiitle(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Nolary Association -9350 De Solo Ave.,P.O.Sox 2402•Chalsworth, CA 913132402• mne.NationalNolaryorg Item 95907 Reortler:Call TolbFrea 1.800676.6829 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and [hat 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 r of Number Total Bid Name: S -J. 6,C,60 4e_4 yS,L. I r�•u�ntsL i-oc•�.'N C�w3s Address: Zv31 I -r ��s.r ..gra (� ./ Y- ✓rycY, ' cs Phone: 9A9 {14 6vo4, State License Number: N4 L3 34 Name: ffbs. 4DJ /hh.H#ca3, f4LO&K. If,12, f} Address: IjLv c. t,µ s—,. eU-AA( a✓rz, are✓. ' ILIr 14,GO'/.o/JA, GA i Tt't.elvn�uF Mn Nsrr.�L ^'n ib Phone: RSI 2'4-9 Lgu9 I Slate License Number: q'}9 Name: So /l. G7A81r„1rr,N l M��A✓r �r $ _ eoi-o M/MG"(i Pwv. Address: 2Z-90 J. (ip{m,n yf . 69A.5Z , w 8 h Phone: 1Iy gay i8z2 Stale License Number: L. W Bidder I9 1450 li1 •R.�c74y '�_r QrA✓D, 14 Qaq fYfi mLa ... � 4rnc �• horized S' turefritle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name: c,. Co.ilmulwo// " 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 A1,11 46 IW6 /k2o44rA,_�o.V /eoV6.2 Project Description 57',Xgbe(_ a, Go! Approximate Construction Dates: From: 1411 To: ?41 Agency Name e"7-( D -F REe- e— Contact Person e9oft s ilcr r,vr oa Telephone (trx. 9Go /98g Original Contract Amount $ 1311i0W Final Contract Amount $ 2'5z, em If final amount is different from original, please explain (change orders, extra work, etc.) AV V lAM.4 G e4( AAD c'b i eeWgN46:7 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. W No. 2 Project Name/Number C{fEN( C/N//f& 491- Qi.,✓sc s Project Description G/'zear Wax.1c- Approximate Construction Dales: From: Leda To: //�io Agency Name (m7`( 0� �G�/✓���Q Contact Person %GY/AI eWxn7t X. L/Z61l:pTelephone (E/$ SWk9Y,T Original Contract Amount $ ?'3njew Final Contract Amount $ � too / ow If final amount is different from original, please explain (change orders, extra work, etc.) /. ,�/AR JIf Dk.007C /4h ��/LL (,�iq TH �Gi! MALL b �Y$�g c7L 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. /✓o No. 3 Project Name/Number 4^4?4ess �/vS //cza�a.7s�ar/ed Project Description Suet: ev& !- Approximate Construction Dates: From: D fibo To: //Z—/o Agency Name G/7-1 Contact Person 6.r/6E Ale VAKe a Telephone Original Contract Amount $ yam: 00 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. n!0 10 No. 4 Project Name/Number Stud. '4w--fe Project Description S%ilc2� �✓ Approximate Construction Dates: From: /b To: Agency Name el" SAJ 'U.e"We Contact Person eMvek. 9-rcaeTelephone (UZ Original Contract Amount $ q06, 6= Final Contract Amount $ YSD� M If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number 0, Project Description STXc2% Aezo, lr . Approximate Construction Dates: From: 4/09 To: 1/10 Agency Name 2l Yi*s-amf,✓ff Contact Person V&;g 61644 Al Telephone (Lad ?qq Original Contract Amount $ 2, #o,ae'Final Contract Amount $ 2M' etc. — If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. do 11 No. 6 qq-- Project Name/Number / HAAt4iV �WA AZOXX7. Project Description �'t4yr f,Ia-k— Approximate Construction Dates: From: S/!o To: it�ia Agency Name P/o 141-kAA1V6t1A Contact Person _W E(- /t PA" - Telephone (bj_�v L?° 3 2,*•/ Original Contract Amount $ I,Idb, t� Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authorized Signature/Title 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 NON -COLLUSION AFFIDAVIT State of California ) ������� ) ss. County of =_�--`�—lp ke neih D. Wale►5 beingfirst duly sworn, deposes and says that he or she is tfgidPn+ of _ _ C0'4j' ,4i.. Co the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. 105e. I Bidder Authorized Signature/Title it Subscribed and sworn to (or affirmed) before me on this _ I� _ day of la -41-1 2046 - by kennc4 D, Wo4ecs -,proved to me on the basis of satisfactory evidence to be the personKwho appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ [SEAL] JOHN K WALTER$ n COMM./1820641 Notary Public. California loi Angeles C unq Comm. Eaplres Ptt 30, 1012 13 tary Public My Commission Expires: jp* 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 DESIGNATION OF SURETIES Bidders Name: E- e. G'O.1/Si�ccy�G� GO . 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): LC- ; n EL pexr oo S7— %.rs,soe" 64 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name: 1'4::_- C• CG vs�2Ccc�m d 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 2010 2009 2008 2007 2006 Total 2011 No. of contracts Total dollar Amount of Contracts (in J?Yr /2, /9/ /2 2ys Ay Sag //, 9a/ /3, 6y/ by, 017- 92Thousands Thousandsof $ No. of fatalities or, No. of lost Workday Cases No. of lost workday cases involving permanent transfer to � N J` e - 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 E. L. GvV-SrIUC17co. Business Address: Z2i3 Cake 4 er so 'cc, stave, ct Business Tel. No.: Uzc, wyy 9s9L State Contractor's License No. and Classification: ;&&Oiy - A 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 `9� . ✓1�2/cus Date Title �soeN i Signature of bidder Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 ACKNOWLEDGMENT ............................................................................... State of California County of ".$ Anne les ?ss. On ;L /14/11 before me, 71r hn Public, p rso ally appeared Kehn#4k Q. Wet Notary ,who proved to me on the basis of satisfactory evidence to be the person,(a') whose name(o) is/w6 subscribed to the within instrument and acknowledged to me that a/sem/tt}erjr executed the same in his/Vr/tWir authorized capacity(iled), and that by his/Wr/tWr signaturesA on the instrument the person(,f, 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. VVeyAil gnature rIl i; JOHN K WALTINIS COMM41120641 Nowt►Ypk.CrlNnw Cam�igYbOq 1070. 12 (seal) •.............................................................................. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION ;L/1 11 Sa ecor Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer Trustee Power of Attorney CEO/CFO/COO President I Vice -President / Secretary I Treasurer Other: Other Information: 17 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los R n .Aeo Onbefore me, �' i�harvwtln_�u�ra 1�otip1lgQuio�lC , pma rrsrs u,xn Name arq r a me personally appeared To%Nn K • W oJL-V trS Nm"Msl a WOO who proved to me on the basis of satisfactory evidence to be the personal whose nameyS) isiere subscribed to the �{ within instrument and acknowledged to me that CATHERINE M. MRD [ hetshaWaey executed the same in hisRiiefAheir authorized COMM. #1920600 capacity(ip6), and that by hislberllheir signaturefo on the W Pu�, ±A instrument the person(s), or the entity upon behalf of LOS FEB t p15 which the personM acted, executed the instrument. Gorm 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..- j� Signature `�s, � (&.;J& Rw < Naafi Seal abwa sQ�� a Nary NltC OPTIONAL Though the information below rs not recurred by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this to" to another document. Description of Attached Document n Title or Type of Document: COV%'+Par+- lbOL`&Lwi'&� Document Dale: _ l + t -0•0 \ 1 Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signers Name: _ _ _ Signer's Name: _ Individualpp --• II Individual )G Corporate Officer—Tille(s): \LCL Prt�G.W�` Corporate Officer — Trtle(s): _ Partner — r Limited L: General _ . Partner — I Limited I General Attorney in Fact a L Attorney in Fact Trustee •M' 0, 1ny h 4e`e C. Trustee Guardian or Conservator L Other: Signer Is Representing. L; Guardian or Conservator Other: _ Signer Is Representing: O'Y.p]NaNKra NdaryA �bm•9YdMSob Aw.PO Bm 2a0i•CMM.wR,. CP 912•.12<02•wwx NeMa�Ndary vg 'iem .590] RecrOr Cao Tyc.e�i y�p.8]6682] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 ACKNOWLEDGEMENT OF ADDENDA Bidders Name: z—'—. ('- vslJu noN Go 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 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Co. Business Address: Casco AYE So E� �0�77�, C.4 4ii7i Telephone and Fax Number: G¢c. `/Yt/ 307'7 California State Contractor's License No. and Class: 3GG8/y — 'A (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: i✓d✓ 0t_— List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: �//1ib ET 73LEeU��'x- - �icp/e?� ti/n,vA'4rn+ The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Ewlle7h, P. 1vfNb3J &Xr- .21-r; eAfX4 4,19f GX<A gceq 9T76 So et Awwrr, c4 Corporation organized under the laws of the State of e fz-, )C-VXl,ff The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: AIIA- 19 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: / / /A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties: Briefly summarize the parties' claims and defenses: Have you ewer had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. /f0 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for �labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes (D Are any claims or actions unresolved or outstanding? Yes If yes to any of the above, explain. (Attach additional sheets, if necessary) 18441 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. (Print name of Owner or President of Corporation/Company) Bidder Authorized Signature/Title plL i Title Date On 2L / 14/)l before me, Zohn k. Wok 1+ers Notary Public, personally appeared kcnnr11% b. WaI{ ers , who proved to me on the basis of satisfactory evidence to be the person whose name( is/irk subscribed to the within instrument and acknowledged to me that he/s /t.Wy executed the same in his/tjer/ttlelf authorized capacity(ifi5j, and that by his/tye/r/tWr signature') on the instrument the personX, 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. tary Public in and for said State My Commission Expires: 30 i - 21 (SEAL) JOHN K. WALTEFS � COMM. �18206a t No[ary PuWic•CaRforn�a Los Angeles County COMM Expires Oct 30,201 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 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 a LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this day of '2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and E. C. CONSTRUCTION COMPANY, a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: LIDO ISLE PAVEMENT REHABILITATION - PHASE III The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches; local depressions, curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) installing traffic striping, pavement marks, curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications. 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. 4520, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: 23 All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Five Hundred Seventy -Four Thousand, Five Hundred Fifty -Nine and 50/100 Dollars ($574,559.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Patrick Arciniega (949)644-3347 INSURANCE Without limiting Contractc commencement of work, Contractor shal expense during the term of this Contract, a type and amounts described below and in a Coverage and Limit Requirements. CONTRACTOR E. C. CONSTRUCTION COMPANY 2213 Chico Avenue South EI Monte, CA 91277 626-444-9596 626-444-3022 Fax is indemnification of City, and prior to obtain, provide and maintain at its own policy or policies of liability insurance of the form satisfactory to City. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's �0 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 all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such Policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all 25 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: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor, premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 26 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 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. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 27 G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 28 I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: OFFIC F H CITY ATTORNEY Date: Leonie Mulvihill Assistant City Attorney \\ ATTEST: Date: I.14 II Qaj/AA''''YYI• I Leilani I. Brown City Clerk CITY OF NEWPORT BEACH A Califorra Municipal Corporation and Charter City n Date: F. Mayor E. C. CONSTRUCTION COMPANY A California corporation By- Tom. z (Corporate Officer) Title: Pr2si dant Print Name: keY%rw-ilA 0. V-)oA+ r5 Date: M OA -JA 1 S 1 l Title: &Cre.+a. - TrR.t1.5"rXV-- Print Name: 60mc o- L. WaA+ziZ Date: MarCX,, 1 S r W1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 BOND NO. 105473379 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,769.00 being at the rale of $10.45 &7.30/per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E. C. CONSTRUCTION COMPANY, a California corporation, hereinafter designated as the "Principal", a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE III, Contract No. 4520 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. 4520 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers Casualty & Surety Co. of America , duly authorized to transact business under the laws of the Stale of California as Surety (hereinafter "Surety"), are held and finely bound unto the City of Newport Beach, in the sum of Five Hundred Seventy -Four Thousand, Five Hundred Fifty -Nine and 501100 Dollars ($574,559.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 30 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 the17th day of March 2011. E. C. Construction Co. Bidder Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3654 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED 31 Gary B. Merrill—Attorney—In—Fact Print Name and Title AND SURETY MUST BE ACKNOWLEDGMENT ............................................................................... State of California County of Los Angeles )ss. On March 17, 2011 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. NEILLY .. Commission # 1767484 as' t Notary Public - California i z > i Los Angeles County D My Comm Expires Sep 13, 2011 (seal) .........V.................................................................... OPTIONAL INFORMATION Date of Document Type or Tide 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 X Power of Attorney _ CEO ICFO ifCOO President I Vice -President I Secretary I Treasurer Other: Other I 32 Thumbprint of Signer ❑ Check here if no thumbprint or fingerpdril is available. ACKNOWLEDGMENT ............................................................................... State of California County of Los A -n c}R.(a4 ) ss. On j4a,cgaL11,_020II before me, Camwlvyc i1 Ba-ir-d , Notary Public, personally appeared=5'AmEs 616EcJCE12 ,who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/berlthe'ir authorized capacity(ies), and that by his&w/their signatures(s) on the instrument the person(s'), or the entity upon behalf of which the person(s7 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. CVM I�'.J WFC.�I ✓� L/ r.'4�V' Signature #4 • I.11 V ., (seal) ............................................................................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Marc, al. o I I a Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary /Treasurer Other: Other 33 Thumbprint of Signer E] Check here if no thumbprint or fingerprint Is available. atA. POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223256 Certificate No. 004057873 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Gary B. Merrill of the City of Pasadena , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, mcognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and thea corporate seals to be hereto affixed, this day of February 2011 Farmington Casually Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company I St St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 6Gt 197% L s pQO din: e A' 16 n � i g 1977 79$1 ,`seat.%o�$SEL�%cg g gZlrMa a rn 1896 State of Connecticut City of Hartford ss. By: Caorg ' Thompson, tr ice Resident On this the 1St day of February 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Swim Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ,TET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. O iMllLIOS 58440.4-09 Printed in U.S.A. Marie C. Teneault. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, mcognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17th day of March , 2011 . Kori M. Johans Assistant Secretary p 5. 4tl y):aY�Wn. e6 pOr �IkfGgf JPI ,MBIygP /Jµ\Y hhO� IM Wn�-c1nY't� MCa�F.VRD �JOPV01,1tET M1pP/OMhi� u 198= o 1977 k n aI rOPD, WaFaa0. 5® 'eye �I O2' 1951 Io' SEAQ%^ '\SSEL�Isi jOE$�n s f fs9s ,per N�j }1t• "`& a",.:° +S`. AM'r ® 4rl ANtS'- To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. THIS POWER CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLE PAVEMENT REHABILITATION - PHASE III CONTRACT NO. 4520 BOND NO. 105473379 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E. C. CONSTRUCTION COMPANY, a California corporation, a hereinafter designated as the "Principal," a contract for construction of LIDO ISLE PAVEMENT REHABILITATION - PHASE 111, Contract No. 4520 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. 4520 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, Travelers Casualty &surety Co. 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 Five Hundred Seventy -Four Thousand, Five Hundred Fifty -Nine and 50/100 Dollars ($574,559.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surely, 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 34 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 17th day of March 2011. E. C. CONSTRUCTION COMPANY Bidder Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (909) 612-3654 Telephone Gary B. Merrill -Attorney-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 ACKNOWLEDGMENT ............................................................................... State of California County of Los Angeles }33. On March 17, 2011 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. and official seal. �r _x PRIMA NEILLY Commission er 1767484 Notary Public - California Z Z ,�yi�� Los Angeles County My Comm. Ez fires Sep 13, 2011 (seal) .......L....................................................................... 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 X Power of Attorney _ CEO/CFO/COO _ President I Vice -President I Secretary I Treasurer Other: Other 0 Thumbprint of Signer E] Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................................................... State of California County of Los A'n j.e Ito I ss. On rna rciL al 3011 before me, (_gdjke.rin.. KA. Sawa , Notary Public, personally appeared .7kMES 8LhE'Ckel2 who proved to me on the basis of satisfactory evidence to be the personw whose names) is/ace. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1her/their authorized capacity(es), and that by his/ signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(g) 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. CATHERINE M. BAIRD S COMM. #1920600 p P Notary PubRo-C�Nromlw YI „ LOS ANGHES COlIM1: Signature (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION rrlod-ctti I?IaDI) �3owh Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO President ! Vice -President / Secretary / Treasurer Other: Other Information: 37 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. # POWER OFAITORNEY TRAVELERSJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223256 St. Paul Mercury Insurance Company Travelers Casualty and Surely Company TYavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 004057874 KNOW ALL MEN BYTHESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make. constitute and appoint Gary B. Merrill of the City of Pasadena , State of California , their true and lawful Atmmey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted lin ant actions or proceedings allowed by law. W WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of February 2011 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company eI.604, 00,0,(iz� �pray�=tea �tO1972 06+$BdL�,xi AA ...i1 State of Connecticut City of Hanford ss. By: Georg Thompson, aloe lice President On this the let bey of February 2011 , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casually and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do. executed the foregoing instmment for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,Tlf In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2011. #s Pte* tp 58440.4.09 Printed in U.S.A. QA. k C . �-Zo M Mane C. Tetreault. Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fre and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Atmmeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Stat" Fideldv and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the coals of said Companies this 17th day of March , 2011 Kori M. Johan Assistant Secretary e'Oq �♦ .MKv. F6 O�lµ�NS09 JP"XIYq, �,FtY 1M001, 'W" I' V`ll\\ -W a=S ° 7977 srm ' „ruarrorm, tuxncaa 01m yb'i-ag O 19$1 „4�0, -SE ALjIo^ '3'S88L%3° roes q�� snw. ee w tae6,�PY �= �� r Yg..�..�` . ,F' '�Mi�,'�1._:.✓�" �'M7 ANt°' To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelembond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL LIDO ISLE PAVEMENT REHABILITATION — PHASE III CONTRACT NO. 4520 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4520 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Sri Tr 1,vsw . n @ r-ivc K�o Dollars and ham. Cents Per Lump Sum Lump Sum Traffic Control —JN0.re TUVA#' q C•X Kusi .ti -a @ AA. 7 IF, Fr / Dollars and Cents Per Lump Sum 3. Lump Sum Surveying Services @ Fiyc pwye vo Dollars and -ZL&-no Cents Per Lump Sum 4. 230 L.F. Remove and Construct P.C.C. Type A Curb and Gutter (W=18") @ I weA_T"r -C-1)0 Dollars and nl r�rE7y Cents Per Linear Foot 2G -go PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 5,900 L.F. Remove and Construct P.C.C. Rolled Curb and Gutter @ IwEx4l F\cc5 Dollars and Fr Fi f Cents Per Linear Foot 6. 400 S.F. Remove and Construct 8" Thick P.C.C. Cross Gutter and/or Spandrel @ 16KT Dollars and E 1 bu.T1 F vg Cents Per Square Foot 7. 240,000 S.F. Cold Mill Variable Depth (0.17' to 0.25') @ "OL -%6 Dollars and 1rw6uTy oNE Cents Per Square Foot 8. 11,250 S.F. Cold Mill Variable Depth ( 0 to 0.5') @ Dollars and Slxf-1 616af Cents Per Square Foot 9. 3,200 TON Construct AC Cap @ SCY6aM Two Dollars and F(FT4 Tw6 Cents Per Ton 10. 250 TON Construct AC Full Depth @ DUE avmaAev Sns Dollars and 'Lew Cents Per Ton co $ I Soo q5z . go 8!r, $ �• $ �, Soo. cv $ (r$ $ 77'. sz $ 232 6/,y. °° $ Io6.0 $ '24, T-00 . °' PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 8 EA. Replace Existing Water Valve Box Frame and Cover and Adjust to Grade @ IKrteW Hut✓ome-n FwgDollars and o0 Cents $ 305- $ 7,yvo.0 Per Each 12. 28 EA. Adjust Manhole Frame and Cover to Grade scve,w @ /wo HV" -4&W of nenf Dollars and `v 2zneo Cents $ 29� $ Per Each 13. 38 EA. Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade @ Fvt• Hvv,?Atn G161t Dollars and ZeA6 Cents $ SU$• $ ►q, 3oq. o' Per Each 14. 9 EA. Adjust Survey Monument Frame and Cover to Grade Tkaed @ Ituo Ift"MO N Mi#&P1 Dollars and Zv�b Cents $ X13• $ 2,43• °D Per Each 15. 26 EA. Remove and Reinstall Curb Drain @ 1wEw?"( Dollars and ie'wo Cents $ 2a Per Each 16. 350 L.F. Prune Tree Root and Install Root Barrier @ IWeXT'r duo_ Dollars and SrxT? �iYE Cents Per Linear Foot PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. Lump Sum Traffic Striping @ Vemrl Fivts 1*hs.2+dvDollars and Cents $ 2S,0e0, Per Lump Sum 18. 34 EA. Adjust Telephone Manhole Frame and Cover to Grade @ Four kYaOaon fmol Dollars and op zCents $ `i4 I• $ Per Each 19. Lump Sum Record Drawing/ As Built Plans @ bal& kuA nOAb'10 Dollars and a, �t�+u Cents $ l bo - Per Lump Sum TOTAL PRICE IN WRITTEN WORDS FIae Hu.vn.u_P tcvE ✓r1 Fa✓• TM0vtnu4, hive AlOWP4 4a? r iY-J A41Aeif Dollars and F1 F•rN Cents $ s3 y, ssw. Co Total Price (Figures) :4 I'd II �:,C'. (sous/>uv2o� u Date Bidder 6f?,b Yvy ?07--A Bidder's Telephone and Fax Numbers der's A6theiiied Signature and Title 56,&P(Y -- A 7-7,r'3 eh"64 .4ytc- Jd EG moa/$ v1 Bidder's License No(s). Bidder's Address g/y, and Classification(s) Bidder's email address: is 6 0 6cd^S•- • ceyk PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS LIDO ISLE PAVEMENT REHABILITATION — PHASE III CONTRACT NO. 4520 SECTION 3 INTRODUCTION 3-3 PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.1 General 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.3 Survey Service 2-9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK i 1 1 1 2 2 2 K 2 2 2 3 3 3 3 3 3 3 3 4 2 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 6-11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.5 Temporary Light, Power and Water 6 7-8.6 Water Pollution Control 6 7-8.6 Best Management Practices and Monitoring Program 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.2 Storage of Equipment and Materials in Public Streets 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 9 7-10.7 Notice to Residents and Temp Parking Permits 9 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel 10 10 13 13 13 13 13 13 13 SECTION 203 BITUMINOUS MATERIALS 13 203-6 ASPHALT CONCRETE 13 203-6.1 General 13 SECTION 214 PAVEMENT MARKERS 13 214-4 NONREFLECTIVE PAVEMENT MARKERS 13 214-5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 ---CONSTRUCTION METHODS 14 SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 300-1.3.2 Requirements 14 300-1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 15 302-5 ASPHALT CONCRETE PAVEMENT 15 302-5.1 General 15 302-5.2 Cold Milling Asphalt Concrete Pavement 15 302-5.2.1 General 15 302-5.2.2 Equipment 15 302-5.4 Tack Coat 15 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 16 302-6.6 Curing 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303-5.1 Requirements 16 303-5.1.1 General 16 303-5.5 Finishing 16 303-5.5.1 General 16 303-5.5.2 Curb 16 303-5.5.4 Gutter 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 17 308-1 GENERAL SECTION 310 PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.7 Layout, Alignment and Spotting 310-5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT 17 18 18 18 18 18 19 19 SP 1 OF 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4520 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. R -5997-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. Add to this section: "The City shall supply no more than five (5) sets of Plans and Specifications for the Contractor's use. Additional copies are the responsibility of the Contractor. The Contractor may elect to reproduce its existing sets, or purchase additional sets directly through the City's reprographics company." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing raise pavement markers; (4) removing existing pavement; (5) removing existing sidewalk, curb, curb and gutter, cross gutter, driveway approaches, local depressions and curb access ramps; (6) grinding (cold mill), reconstructing and overlaying roadway; (7) constructing sidewalks, curb, curb and gutter, cross gutter, driveway approaches; local depressions, curb access ramps; (8) pruning trees and installing tree root barriers; (9) adjusting utility and survey facilities; (10) SP2OF19 installing traffic striping, pavement marks; curb painting, and raised pavement marking; (11) coordinating with outside utility owners to have facilities raised to grade and (12) other incidental items to be completed in work place required by the Plans and Specifications." 2-9 SURVEYING 2-9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Xico Salazar and can be contacted at (951) 898-8328. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 - hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 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 SP3OF19 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. SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Additionally, the Contractor shall adjust to grade Telephone vaults and/or manholes. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television, and other utility facilities to have existing utilities adjusted to SP4OF19 finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer/storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718-3432. SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth `h Thursday and Friday in November (Thanksgiving and Friday after), December 24, SP5OF19 (Christmas Eve), December 25th (Christmas), and December 315' (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following MondaV is a holiday. If January 1st July 4th, November 11th December 24th December 25 or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 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 4:30p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 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." 6-11 SEQUENCE OF CONSTRUCTION. A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Construction shall not take place on two adjacent streets at any one time. Contractor shall obtain separate permission to start work on each street from the Engineer. If the work is progressing satisfactorily, the Engineer may allow the Contractor to work on additional work sites simultaneously. SP6OF19 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718-3402." 7-8 PROJECT SITE MAINTENANCE 7-8.4 Sanitation. Add to this section: " Secondary containment shall be provided with portable toilets." 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the SP 7 OF 19 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.newportbeachca.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. 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 storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." SP8OF19 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials, The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. SP9OF19 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other 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 General Engineering "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be SP 10 OF 19 up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built' drawings. 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: The following items of work pertain to the bid items included within the Proposal: Item No. 1 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. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP 11 OF 19 Item No. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 5 Remove and Construct P.C.C. Rolled Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. rolled curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter and/or Spandrel: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 7 Cold Mill Asphalt Pavement (Variable Dept — 0.17' — 0.25'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. Item No. 8 Cold Mill Asphalt Pavement (Variable Dept — 0.0'— 0.50'): Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, temporarily lowering vault lids, valve covers, sewer cleanouts, utility handholes and all other above ground utilities as necessary so that the area can be cold milled to the design depth in a continuous pass through the work area and all other work items as required to complete the work in place. Item No. 9 Construct AC Cap (Finish) Course: Work under this item shall include constructing 2 -inch thick GP 64-10 asphalt pavement overlay, tack coating and all other work items as required to complete the work in place. Item No. 10 Construct AC Full Depth: This item shall include grading, subgrade and AC compacting, constructing a minimum full depth of 4" AC Base Course allowing for a 2" AC Finish Course, tack coating, and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. SP 12 OF 19 Item No. 11 Remove and Replace Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the box frame and cover per CNB STD -511-L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 12 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 13 Remove and Replace Existing Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the frame and cover per CNB STD -511-L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 14 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations Pull box frame and cover shall be per City of Newport Beach standards and all other work items as required to complete the work in place. Item No. 15 Remove and Reinstall Curb Drain: Work under this item shall include removing and reinstalling existing curb drains and all other work items as required to complete the work in place. Contractor shall provide all necessary fitting to match existing. Item No. 16 Prune Tree Root and Install Root Barrier: Work under this item shall include root pruning and disposal per Section 308-1, removal and disposal of excess soil, providing and installing root barriers per Section 308-1, restoring existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 17 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, curb painting and markings all other work items as required to complete the work in place. Item No. 18 Adjust Telephone Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 19 Record Drawings/As Built Plans SP 13 OF 19 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560-C-3250." 10 1111" 211kq1001:Z4141TII Q110&73K87►to] :4AAA 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 203 --- BITUMINOUS MATERIALS SECTION 203-6 ASPHALT CONCRETE 203-6.1 General. Delete the second paragraph in this section and replace with the following: "Asphalt Base Course shall be Type III -B-2 PG 64-10 (III -B2 -AR -4000). Asphalt Surface Course shall be Type III -C-3 PG 64-10 (III -C3 -AR -4000). Asphalt binder shall comply with the Performance Grade specifications of 203-1." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." Raised pavement fire hydrant marker shall conform to the CNB STD -902-L." SP 14 OF 19 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.gov/generalservices 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 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. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 225,000 square feet." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches". 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. SP 15 OF 19 SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -B2 -AR -4000. All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.2 Cold Milling Asphalt Concrete Pavement. 302-5.2.1 General. Replace the last sentence in the first paragraph with: "The surface tolerance permitted as measured along a 10 foot straight edge shall be 3/8 inch laterally (except in crown areas) and 3/16 inch longitudinally. If in the judgment of the Engineer, the joint cut varies from a straight line or ravels excessively; the longitudinal joint may be required to be saw cut. The Contractor shall protect all existing facilities during the planning operation and repair or replace any damage facilities. These existing facilities shall include but not be limited to: A. Concrete curbs, gutters, driveways and sidewalks. B. Roadside signs. C. Trees and shrubs adjacent to the Work area. D. Utility lines, vaults, manholes, valves and signal detector loops." 302-5.2.2 Equipment. Add to this section: 'The planning machine shall plane without tearing or gouging the underlying surface, shall be adjustable as to crown and depth by tilting the drum axis, and shall be capable of cutting sharp straight longitudinal edge joints in the pavement." 302-5.4 Tack Coat. Add to this section: "Prior to placing asphalt concrete, a tack coat of Type SS1H asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive SP 16 OF 19 strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color. Sidwalk scores shall match existing pattern Color shall be Chromix Adobe Tan No. C-21 as manufactured by L.M. Scofield Company. Contractor shall coordinate with City before ordering colored P.C.C. P.C.C. shall be replaced per 300-1.3.2" 303-5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303-5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is SP 17 OF 19 returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644-3083) at the site to discuss City standards and requirements. The submittal shall adhere to the following guidelines. 1. Root Pruning a: Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 4. Root Barrier Specification a. The root barrier product shall be polyethylene plastic with ultra violet inhibitors and 0.080" in thickness such as the CP -Series as manufactured by Century Products, Anaheim, CA, (714) 632-7083. Use CP12-2 along sidewalk and CP18-2 along the back of curb. Install root barrier panels one -foot prior and one -foot past the length of each root pruning cut. Top 3" of native material SP 18 OF 19 shall be free from rocks or other materials that would interfere with landscape maintenance tasks. b. The product shall be installed per manufacture's specifications. The Contractor shall Remove and Replace or Protect in Place Existing Irrigation line (including heads) and electrical lines." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and SP 19 OF 19 re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/21/201 I Dept./Contact Received From: Shari Date Completed: 3/21/2011 Sent to: Shari By: Joel Company/Person required to have certificate: EC Consimcdon Co. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No r D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. New Acord Wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: General Insurance Company 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 min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1.000.000 E. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes i _ No i 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. Ne%% Acord \Voiding 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Casualty And Surety B. AM BEST RATING (A-: VII or greater): A+; XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF N0, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach March 30, 2011 X= Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management Date Date Yes F--] No FX LI&OWITU M. SEW PpRr CITY OF NEWPORT BU 9<IFORN` City Council Staff Report V March 8, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Paatrick_Arciniega, P.E. APPROVED: TITLE: LIDO ISLE PAVEMENT REHABILITATION PHASE III — AWARD OF CONTRACT NO. 4520 ABSTRACT: Over the past two years, staff has been rehabilitating and overlaying the interior asphalt streets on Lido Isle in accordance with the City's Pavement Management Plan. Staff has now received construction bids for the final phase of Lido Isle Pavement Rehabilitation project and is requesting City Council's approval to award the work to EC Construction Company. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4520 to E.C. Construction Co. for the Total Bid Price of $574,559.50 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $57,455.00 (10%) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding in the following accounts for the award of this contract. The following funds will be expensed: Account Description Account Number Amount Measure M Turnback 7281-C2002021 $ 625,514.50 Water Enterprise 7511-C2002021 $ 3,000.00 Wastewater Enterprise 7531-C2002021 $ 15,000.00 $ 643,514.50 Lido Isle Pavement Rehabilitation Phase III —Award of Contract No. 4520 March 08, 2011 Page 2 . L Proposed uses are as follows: Vendor Purpose Amount E. C. Construction Co. Construction Contract $574,559.50 E. C. Construction Co Construction Contingency 57,455.00 Harrington Geotechnical Geotechnical 10,000.00 Various Construction Support, 1,500.00 Printing and Incidentals Total: $643,514.50 DISCUSSION: At 10:00 A.M. on February 17, 2011 the City Clerk opened and read the following bids for this project: Low E.C. Construction Co. 2nd Ruiz Engineering Co. 3`d All American Asphalt 4th Silvia Construction, Inc. 5`h Elite Bobcat 61h R.J. Noble 7th Hillcrest Contracting, Inc. Bch Excel Paving TOTAL BID AMOUNT $574,559.50 608,001.70 639,639.00 648,924.00 653,470.00 696,565.00 701,458.50 760,962.00 ' Bid read as $608,609.70 The low total bid amount is 19% lower than the Engineer's Estimate of $710,000.00. The disparity between the estimate and the actual bid prices reflects a very favorable construction market. The low bidder, E.C. Construction Co., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of E.C. Construction Co. references indicates satisfactory completion of similar projects for other public agencies primarily in the Los Angeles and San Gabriel Valley area. The work necessary for the completion of this contract consists of cold milling and overlaying asphalt concrete, removal and replacement of deteriorated sections of curb and gutter, raising and adjusting to grade water valves, sewer cleanouts, handhole boxes and manholes and performing other appurtenant and incidental items of work as required. This is the third and final phase of pavement rehabilitation for Lido Isle. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Lido Isle Pavement Rehabilitation Phase III —Award of Contract No. 4520 March 08, 2011 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the CEQA Guidelines (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. Submitted by: Badum s Director Attachment: A. Location Map � O= a Q' v Se J �O Q- W S Z9 l SP � S Q' k U S Q J S ti CyyNNE� SQ ® PROJECT LOCATIONS LOCATION MAP NOT TO SCALE CITY OF NEWPORT BEACH LIDO ISLE STREET PUBLIC WORKS DEPARTMENT REHABILITATION PHASE III DA02/t5/11 SHT. 1 OF 1 DRAWN MG I C-4520 AMENDMENT NO. FOUR TO D PROFESSIONAL SERVICES AGREEMENT WITH fb WALDEN & ASSOCIATES FOR LIDO ISLE STREET REHABILITATION THIS AMENDMENT NO. FOUR TO PR FSSIONAL SERVICES AGREEMENT, is entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Munici I Corporation ("CITY"), and SOCAL WALDEN, INC., a California Corporation doing business as WALDEN & ASSOCIATES, whose address is 2552 White Road, Suite B, Irvine, California 92614 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On January 27, 2009, City and Consultant entered into a Professional Services Agreement ("Agreement") for engineering services for the Lido Isle Street Rehabilitation ("Project"). B. City and Consultant have entered into three separate Amendments of the Agreement, the latest dated December 21, 2009. C. City desires to enter into this Amendment No. Four to extend the term of the Agreement to December 31, 2011. D. City and Consultant mutually desire to amend Agreement, as provided herein below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: Section 1 of the Agreement shall be amended hereby and the following is substituted in its entirety. The term of the Agreement shall be extended to December 31, 2011, unless terminated earlier as provided for in Agreement. 2. COMPENSATION The introductory paragraph to Section 4 shall be amended hereby and the following is substituted in its entirety. City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fourteen Thousand, Nine Hundred Ten Dollars and nol100 ($114,910.00) without prior written authorization from City ("Total Amended Compensation"). 3. INSURANCE Section 14 of the Agreement shall be amended hereby and the following terms are substituted in their entirety. Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant 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. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code in addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Page 12 Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. 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 Page 13 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. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or 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. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. •� 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Four on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY B/Assistant e . B champ, City Attorney w blultD ATTEST: By. av��— Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A California Munig pll Corporation Works Director CONSULTANT: WALDEN & ASSOCIATES By:--r/r avid L. Bac , President By:-� A G�� David W. Couch, Chief Financial Officer Page 15 AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR LIDO STREET REHABILITATION THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 244T day of VgUM 00L= , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and SOCAL WALDEN, INC., a California Corporation, doing business as, WALDEN & ASSOCIATES whose address is 2552 White Road, Suite B, Irvine, California 92614 ("CONSULTANT'), and is made with reference to the following: RECITALS: A. On January 27, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for engineering services for the Lido Isle Street Rehabilitation, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated July 17, 2009. C. CITY desires to enter into this AMENDMENT NO. THREE to extend the term of the AGREEMENT to June 30, 2010. D. CITY and CONSULTANT mutually desire.to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. THREE," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. - INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. THREE on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: yne ea amp, Assistant City Attorney ATTEST: By. jL P Leilam I. Brown, City Clerk K, CITY OF NEWPORT A Municipal Corgi m G. Badum, Works Director WALDEN & ASSOCIATES: B �— David L. bacod President David W. Couch, Chief Financial Officer .r AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR LIDO STREET REHABILITATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this I -O day of SU N , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corp ation ("CITY"), and SOCAL WALDEN, INC., a California Corporation, doing business as, WALDEN & ASSOCIATES whose address is 2552 White Road, Suite B, Irvine, California, 92614 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On January 27, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for engineering services for the Lido Isle Street Rehabilitation, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, shall not exceed Ten Thousand, Three Hundred Ninety Dollars and no/100 ($10,390.00) without prior written authorization from City. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: By: Mynette D. beauoop Assistant City AttdThey for the City of Newport Beach ATTEST: By: �'• �� Leilani Brown, City Clerk for the City of Newpor Attachment: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: ome Bludau City Manager for the City of Newport Beach WALDEN & ASSOCIATES: David L. bacee, President avi Chief Financial Officer FM'/ I- �Lowoill 4D�, II TO: Patrick Arciniega COMPANY: City of Newport Beach PROJECT: Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation CLIENT CONTRACT NO: C-4096 FROM: Steve Krieger DATE: June 17, 2009 C.O. # 2 W/A JOB NTO. 1649-369-001 DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER: 1. Additional design: Provide additional design services and plan changes not included within original scope of work including, but not limited to modifications to driveway approaches along Via Lido, Via Oporto and Via Malaga; relocating curb access ramps and expanding removal and replacement limits at the intersection of Via Lido and Via Oporto; provide grid details at intersections along Via Lido and separate plans and specifications to provide for phasing of the project. This does not include any field topo survey. 2. Design Median Island at Via Lido and Lafayette Avenue: Design median island and provide stub for future irrigation. Design will also include revised striping and provide for ADA path of travel, including required access ramps across Lafayette Avenue and the new median island. This does not include any field topo survey. AMOUNT REQUESTED FOR THIS CHANGE ORDER AUTHORIZED BY: Client Date S 10,390 Please sign and return to authorize Walden & Associates to proceed with the above work. F:\WORDDOCS\INVOICES\1649-369.001 CO#206102009.doc 5� imp F> 1 \'Y _ly � Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation C-4096 Labor -Hour Fee Proposal - REVISED 06/17/09 1649-369-001 Apnl 8, 2009 June 17. 2009 Rates $160 /hr $140 /hr $125 /hr $1101hr $85 /hr $60 thr Task LX a` v m m a` m c c a` d c cTask o E o cQi m Original Task Hours Original Task Cost C.O.#1 Hours (Addltionao C.O.#1 Task Cost (Additional) C.O.#2 Task Hours (Additional) C.O.#2 Task Cost (AddlHonal) Adjusted Contract Street Improvement Plan Change Order 1 Chan Order2 2 16 144 392 40 594 $ 67,080 2 8 24 8 42 $ 4,600 $ 71,680 1 8 24 48 1 81 1 $ 9,550 $ 81,240 Striping Plan Change Order 4 28 48 16 1 96 $ 10,700 1 2 4 1 7 $ 830 $ 11,530 Utility Research and Coordinallon 2 16 18 $ 2,280 $ 2.280 Quantity & Cost Estimates 2 8 16 4 30 $ 3,280 S 3,280 Specifications Change Order 1 2 32 8 42 $ 4,760 4 4 $ 500 S 5,260 Meetings, Coordination & Project Management 4 16 20 40 $ 5,380 $ 5,380 Record DrznMn s 2 24 12 38 S 3,940 $ 3,940 Relmbursables $ 2,000 $ 2,000 Total (Original) B 44 2 80 68 12 858 $ 99,420 Total (Change Order 1) 0 2 12 24 8 0 46 51100 04,520 Total (Change Order 2) 9 26 52 0 1 0 86 is 10,390 $ 114,910 { F;%W0RDD0=DiemP.w 1s� w2.xk S' t Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation C-4096 Labor -Hour Fee Proposal - REVISED 04/15/09 1649-369-001 April 8, 2009 Rates $160 /hr $140 /hr $125/hr $110/hr $85 /hr $60/hr d ° d c d c C N m C.O. #1 C.O. #1 Task Hours Task Cost n v LU v w` a A Original (Additionan (Additional) � ?' m •y o c Task Original Adjusted Task ra a` v Hours Task Cost Contract Street Improvement Plan 2 16 144 392 40 594 $ 67,080 X-GutteN Catch Basins Via lido Nord 2 8 24 8 1 42 $ 4,600 $ 71,680 Striping Plan 4 28 48 16 96 $ 10,700 $ 10,700 Utility Research and Coordination 2 16 18 $ 2,280 $ 2,280 Quantity & Cost Estimates 2 8 16 4 30 $ 3,280 $ 3,280 Specifications 2 32 8 42 $ 4,760 4 $ 500 $ 5,260 Storm Drain 4 Meetings, Coordination & Project Management 4 16 20 40 S 5,360 $ 5,380 Record Dravin s 1 24 12 38 $ 3,940 1 1 $ 3,940 Reimbursables I 1 1 $ 2,0001 is 2,000 Total (Original) 6 44248 480 68 1 12 1 858 1 $ 99,4201 1 Total (Addition— 0 2 11224 81 01 1 46 1 $ 5,100 is 104,520 F:1W0RDD0CSlDLMPwposa1Sk3839_w 1.xl CEATE ®F LIABILITY INSURANCE D2122 IDOKYYY) /2ACORD. 2 9 PRODUCER Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 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 # WWW. Com 263-0606 (9WW. letelnsurance.com INSURED SOCAL Walden, Inc.: INSURERA: Travelem Prooelty Casualty Ins CO o Amerlc INSURER B: Travelers Casualty Ins. Co. of America DBA: Walden & Associates NSURER C: 2552 White Road, Ste, B Irvine CA 92614 INsuRERO: GENERAL LIABILITY ' INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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. INSR T DD' POUCYNUMBER POLICY EFFECTIVE D M D POLICY EXPIRATION 0 MMDD OMITS A GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY 68076491-632 1/1/2009 111/2010. °PREMISES O RE ( .Pcwr°n S 110- 0- 0-10-0- 0 - CLAIMS MADE a OCCUR MEDEXP(Anyone Person) S 10,000 PERSONAL &ADV INJURY $ 2,000,000 Primary/NonCon Scheduled AI Endt. ✓ Waiver of Subr GENERAL AGGREGATE S 4,000,000 #CGD3820907 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 4,000,000 POLICY � PRO- f LOC AUTOMOBILE UASIUTY COMBINED SINGLE LIMIT $ ANY AUTO (Ea acddent) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per Perste) S BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per acddent) PROFERTYDAMAGE $ (Per accidem) GARAGE UABILITY AUTO ONLY. EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO 1 AUTO ONLY: AGO $ FCO ESSIUMBRELLAUABIIJTY EACH OCCURRENCE S OCCUR M CLAIMS MADE AGGREGATE $ 5 S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND WC STATUS07X- (I IMI 8 EMPLOYERS'UABILRY UB8662Y60A 111/2009 111/2010 EL. EACH ACCIDENT S 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE Blanket Waiver of E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICERMEMBER EXCLUDED? Subro#WC99037600 ' Ups , dewlbo under SC IAL PROVISIONS below E.L DISEASE -POLICY LIMIT I S 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Cert Holder is Add Ins as respects Gen Liab but only if required by written agreement with the Named Insured rior to an occurrence per Scheduled Al Endt. form #CGD3820907. WC Waiver of Subro Endt. form #WC99037600 incl for all persons/ organizations that are parties to a contract that require this Endt. provided the contract is executed before the loss. Gen Liab incl Severability of Interest & Contractual Liab per limitations in Liab coverage form #CG00011001. Coverage subject to all policy terms, conditions, limitations and exclusions. RE: Lido Isle Street Rehabilitation Project City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach CA 92658-8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSNNG INSURER WILL KDO9000M MAIL 3W DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Y2FBldES'afMYlHt@SX ' 10 Days rw Non -Payment of Premium. AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH WALDEN & ASSOCIATES FOR LIDO STREET REHABILITATION THIS AMENDMENT NO. ONE T-Or� PROFESSIONAL SERVICES AGREEMENT, is entered into as of this "day of JUyy/ , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and SOCAL WALDEN, INC., a California Corporation, doing business as, WALDEN & ASSOCIATES whose address is 2552 White Road, Suite B, Irvine, California, 92614 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On January 27, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for engineering services for the Lido Isle Street Rehabilitation, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT . C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not' limited to, .all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to this AMENDMENT NO. ONE for all work performed pursuant to this AMENDMENT NO. ONE. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Five Thousand, One Hundred and nd/100 ($5,100.00) without prior written authorization from City. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: yn t D.,B auchamp Assistant City Attorney for.the City of Newport Beach ATTEST: D By: ' �• Leilani Brown, City Clerk for the City of Newport Beach Attachment: Exhibit A - CITY OF NEWPORTJ�EACH, �n A Municipal epl5egog: Badum li orks Director r the City of Newport Beach WALDEN & ASSOCIATES: David L. 8acofi, President By: l/v David W. Couc Chief Financial Officer EXT W®IK AIJTHORIZATION REQUEST TO: Patrick Arciniega COMPANY: City of Newport Beach PROJECT: Lido Isle, Via Lido, Via Oporto & Via Malaga Street Rehabilitation CLIENT CONTRACT NO: C-4096 FROM: Steve Krieger DATE: April 15, 2009 C.O. # 1 W/A JOB INTO. 1649-369-001 DESCRIPTION OF SERVICES REQUIRED AND PURPOSE OF CHANGE ORDER: 1. Storm Drain Addition at Via Antibes and Via Lido Nord: Re -design street intersection to accommodate the removal of the existing cross gutter traversing Via Lido Nord near the intersection with Via Antibes. Design will include new catch basins and local depressions on the southerly corner of the intersection and lateral storm drain pipe to the existing catch basin on the northerly side of Via Lido Nord. Fee: AMOUNT REQUESTED FOR THIS CHANGE ORDER AUTHORIZED BY: Client Date ..................................$ 5,100 Please sign and return to authorize Walden & Associates to proceed with the above work. $5,100 SOCAL Walden, Inc.; DBA: Walden & Associates POLICY NUMBER: 68076491_632 COMMERICAL GENERAL LIABILITY ISSUE DATE: - - 2/2/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach Attn: Shauna Oyler, Public Works Specialist PROJECTILOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. I The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is daused by an of- fense committed: a. After you have entered into that contract or agreement; 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 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with Its permission SOCAL Walden, Inc.; DBA: Walden & Associates 2/2/2009 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UI38662Y60A WAIVER OF RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. 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 3% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: JOB DESCRIPTION YY A R CE1 WHICATE OF LIABILITY IIS' SURANCEDATEI9amaYTI 02/02/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFOR96q OH Matthew Kelly ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17870 Skypark Circle, Suite 101 HOLDER. THIS CERTIFICATE DOES NOT Amr;mo, EXTEND OR Irvine, CA 92614 ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. TWN INSURERS AFFOR13ING COVER409 HAIC 6 __ _ OWNED Walden S Associates MuRER& State Perm Mutual Auto Insurance Company 25179 PaUCYRUdBE.R 2552 White Road, Suite B NSURERRt: Ki9URERG Irvine, CA 92614 IN9Umvs.. GENERAL LlumJYY UieURER E COVERAGES THE POLICIES OF INSURANCE LLSTEO BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD DMICATPD. NOTNRHSTANOING 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 SUaJECTTD ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH PO11C4ES. AOCREOATE LBUTS SHOWN MAY HAVE BEEN REDUCED BY PAID IXAIMS G!TR TWN Ram SUACB TYPEOPWAN PaUCYRUdBE.R DATEIMMM OATCENNDWWffl GENERAL LlumJYY EACH OCCURRENCE r PREWFo!I COLQ&RC1 GENERJJ.UABLLRY CLAIMS MADE X�OCCUA NP,0MIAfty"PmSw4 6 PERSONAL B ADV IMNRY GENERAL AGGREGATe S GENLAGGFISWEISMAPFLFSP$t -COL�APaGG S PRo- n PIX[CV JECT LDC A X AUTOUDDIELLUAITY 018 4736-F05-75 12/05/Oe 12/05/09 COMM LLRn �—Idpo) i 1, 000,ODO ANYAUTO DMLY INJURY L (Pare ) X ALL OWNED AUTOS X SCHEDULEDAUTOS _... eODILY INJURY L 2L H3MDAUTOS X H0N4WMMAUTOS PROPERTY DAWGII N (Pm-ddsm uARAOEL%8AJW 00 Y—EAAWDENT 6 OTHER THAN EA.ACC S AUTO CKLY A00 ANY AUTO OWES MMBREIJAL1ABLITV EACHOCCURRENCE 6 AOOREOATE D OCCUR FICIADIS MAOE DEDUCTIBLE D RETENTION S WORKERSCOBPENSATMAND FBPIDTEW LIABRITY WCY Ep ELEACHACCIDENT XNYF Rfl(RrNER0=UnVF ELDISEASE-EAEMPIDYEE 6 yoe 8PEC41papylylpys p•,yy EL DISINSE-POLICY LDV? 6 OTHER DEBCIPPTION OF OPERATIONS ILOCAIMNU 1 VEHICLES! EAC W SWNS ADDED BY ERINIR9EtlPM( SPECIAL PROVISIONS All California Operations Complete Job Description: Civil Engineering and Land surveying Job/Project Reference: Lido Isle Steet Rehabilitation Project f IONAL IN5URED: BMW ANY OF TTS: AIRAVd DE12=10 FULJM EE CANnDELLED Beane THE EMRUTM of Newport Beach DATE TK&=F.TRE 19008!0 WAIWA WILL eWEAVDR TO ISUL JiL DAYS WRITTEN Newport Beach Blvd. R9RCETTJTRECPDTDTCATEHCXAMf4I TOTMeLAHr. ger PAXRRETODOWORALL. Ort Beach, CA 92658 UpOSEI*CaL maLOR L1ABe.RYOFANY IUDD UPON THE MURM ITS At EMS OR : Shauna Oyler - Public works Specialist e,. PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES FOR LIDO ISLE STREET REHABILITATION THIS AGREEMENT is made and entered into as of this�?� day of aAA1U49V 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Cdtporation ("City"), and SOCAL WALDEN, INC., a California Corporation, doing business as ("DBA"), WALDEN & ASSOCIATES, whose address is 2552 White Road, Suite B, Irvine, California, 92614 ("Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to repave the following streets: Via Lido, Via Oporto, Via Malaga, and the western side of Via Lido Island. C. City desires to engage Consultant to prepare plans and specifications for the Lido Isle Street Rehabilitation ("Project"). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be David L. Bacon, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subcwnsultant fees, shall not exceed Ninety -Nine Thousand, .Four Hundred Twenty Dollars and no/100 ($99,420.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DAVID L. BACON to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. PATRICK ARCINIEGA shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: M A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City s reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages; actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses CI (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and 5 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 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. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant 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 for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, - personal injury, and- property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self-insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with 'reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written 7 notice of non-payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%fl) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. E_3 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum .thickness of three mils. Consultant shall provide to City 'As -Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over N 21 tkm 23. 24. competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City eamed on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 10 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patrick Arciniega Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3347 Fax: 949-644-3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: David L. Bacon, P.E. Walden & Associates 2552 White Road, Suite B Irvine, CA 92614 Phone: 949-660-0110 Fax: 949-660-0418 11 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES 12 In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAND AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. A77E. ® AS TO FORM: _ Gi— City httorney for the City of Newport Beach ATTEST: By: "Mr -0 o Leilani Brown, City Clerk CITY OF A Munici By. Ma for the City of Newport Beach CONSULTANT: By. (Co po rajeAOf ficer) Title: 124,r--5 Print Name: !0�"® /-• &Alco By: �Gy (Financial Officer) Title: C% Print Name: p! ld GU, CDuG� Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates 14 Walden & Associates Contract Agreement with City of Newport Beach EXHIBIT "A" SCOPE OF SERVICES Consultant agrees to perform the following Scope of Services: December 22, 2008 In performing its services hereunder, Walden & Associates will receive information prepared or compiled by others, the accuracy and completeness of which Walden & Associates is entitled to rely upon without independent evaluation or verification. This project consists of the following streets and limits o Via Lido from Newport Blvd. to Via Lido Soud • Via Oporto from Via Lido to 32n' St. e Via Malaga from Via Oporto to Via Lido o Via Antibes from Via Lido Soud to Via Lido Nord o Via Barcelona from Via Lido Soud to Via Lido Nord • Via Cordov from Via Lido Soud to Via Lido Nord a o Via Dijon from Via Lido Soud to Via Lido Nord o Via Eboli from Via Lido Soud to Via Lido Nord a Via Firenze from Via Lido Soud to Via Lido Nord a Via Genoa from Via Lido Soud to Via Lido Nord o Via Florence from Via Lido Soud to Piazza Lido • Via Fermo from Via Lido Soud to Via Firenze o Via Grazina from Via Havre to Via Lido Nord, • Via Havre from Via Lido Soud to Piazza Lido o Piazza Lido from Via Florence to Via Koron o Piazza Genoa from Via Lido Soud to Via Genoa • An alley between Via Lido Soud and Via Lido Nord just north of Via Antibes Task 1: Street Improvement Plans Prepare Street Improvement Plans for the pavement rehabilitation of the streets listed within the project limits as stated above. This will be plan and profile at a scale of 1" = 20' and will include limits of grinding and overlay, removal and replacement of pavement, curb, curb and gutter, sidewalk, cross -gutters and access ramps as necessary and agreed upon with the City. The base sheet utilized for these plans will be based on the Topographic Survey provided by the City in an AutoCADD digital format. This assumes said topographic survey is complete, accurate and adequate for the intended use. This task will also include researching City records for existing improvements within the project limits. JN: 0011-000-A839 Exhibit "A" Page 2 Client Initials Walden & Associates Contract Agreement December 22, 2008 with City of Newport Beach Task 2: Striping Plans: Prepare Striping Plans for the streets within the project limits. This will show matching and restriping to the existing conditions. This plan will be prepared per City requirements and will reference Caltrans striping details as appropriate. Task 3: Utility Research and Coordination: Contact the applicable utility companies, to obtain locations and Atlas Maps of their facilities within the project limits. This will be used for identification of facilities for protection during construction and determining responsibility for adjusting to grade. We will notify the utility companies of the proposed project improvements for coordinating their work and for adjusting their facilities to grade in conjunction with the City's project. Task 4: Quantity and Cost Estimates: Prepare a preliminary cost estimate for budgeting purposes based on preliminary plan and profiles. Prepare final quantity estimates to be included in the contract document portion of the Specifications for all construction work as shown on the final plans. Task 5: Specifications: Prepare specifications for the proposed street improvements based on the plans referenced above. These specifications will consist of City provided boilerplate specifications which we will modify as applicable, and will include any related special provision sections as needed. Task 6: Proiect Management, Meetings and Coordination: Provided an allowance of 40 hours for project management, meetings and coordination with the City and consultants as required. Task 7: Record Drawings Provide record drawings based on contractor provided and City approved redline mark-ups at the completion of construction. Task 8: Reimbursables: Generally we will use the City's account at Mouse Reprographics for reproduction and deliveries. However, for times when this is inconvenient we will provide an allowance for reimbursables to include blueprinting, CAD plotting, reproduction and deliveries. ADDITIONAL SERVICES: Services which are not specifically identified herein as services to be performed by Walden & Associates, or its consultants, are considered "Additional Services" for purposes of this Agreement. Client may request that Walden & Associates perform services which are Additional Services. However, Walden & Associates is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event Walden & Associates performs requested Additional Services before receipt of such executed Amendment, Client acknowledges its obligation to pay for JN: 0011-000-A839 Exhibit "A" Page 3 Client Initials VT 'eA �'/-/\ Walden & Associates Contract Agreement December 22, 2008 with City of Newport Beach such services at Walden & Associates' standard rates, within 30 days of receipt of Walden & Associates' invoice. All Additional Services shall be billed in accordance with the current Standard Fee Schedule. (Exhibit "g') EXCLUSIONS: Consulting services relating to any of the following items are specifically excluded from this contract. o Soils engineering, testing and reports. o Supplemental ground topo pick-up. • Title Reports, recorded documents, etc. o Construction staking or certifications. • Offsite improvements except as defined herein. a Storm Water Pollution Prevention Plan (S.W.P.P.P.) o Erosion Control Plan. o Access or Traffic Control Plans • Any task not specifically indentified herein. ASSUMPTIONS AND CLIENT RESPONSIBILITIES Consultant's obligations hereunder are based upon the following understandings: • Topographic survey will be prepared by others and provided in an AutoCADD digital format and will be used for preparation of base sheets. This assumes said topographic survey is complete, accurate and adequate for the intended use and no ground topo pick-up will be required by Walden & Associates to supplement for joins and/or design purposes. • City will provide all available As -Built and Record Drawings for use in design. • City shall furnish pavement analysis report with recommendations for rehabilitation acceptable to the City and shall be used as a basis for this project. • Construction Staking will be part of the Contractor's responsibility. • Traffic Control Plans will be part of the Contractor's responsibility. • Stormwater Pollution Prevention Plan (SWPPP) will be part of the Contractor's responsibility. • Prevailing wages do not apply to the Civil Engineering Services phase of the project. • City shall pay all governmental fees and costs. JN: 0011-000-A839 Exhibit "A" Page 4 Client Initials Walden & Associates Contract Agreement with City of Newport Beach EXHIBIT "B" COMPENSATION Client agrees to compensate Consultant as indicated below: Task Description Design Phase Services: 1 Street Improvement Plans 2 Signing and Striping Plans 3 Utility Research and Coordination 4 Quantity and Cost Estimates 5 Specifications 6 Meetings, Coordination, and Project Management 7 Record Drawings 8 Reimbursables *See Labor -Hour breakdown December 22, 2008 Budget $ 67,080 $ 10,700 $ 2,280 $ 3,280 $ 4,760 $ 5,380 $ 3,940 $ Z000 *Total Compensation $99,420 Progress billings will be forwarded to the Client on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. The Client shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fees proposed herein shall apply until December 31, 2009. Work shall commence upon receipt of a signed copy of this Contract Agreement. JN: 0011-000-A839 Exhibit "B" Page 5 Client Initials Walden & Associates Contract Agreement with City of Newport Beach STANDARD FEE SCHEDULE The following fees are effective through December 31, 2009. $160.00/hr. for Principal $140.00/hr. for Project Manager $125.00/hr. for Project Engineer $110.00/hr. for Design Engineer $85.00/hr. for Assistant Engineer/Designer/ Cad Draftsman $60.00/hr.for. ClericaUProcessor Exhibit B December 22, 2008 Reproduction, deliveries, and other reimbursables will be surcharged 10% and billed in addition to the above fees. JN: 0011-000-A839 Exhibit "5" Page 6 Client Initials SSOC & SSOCIATES "'UK Lido Isle Pavement Rehabilitation Phase 1 Labor -Flour Fee Proposal Rates $160 /hr $140 /hr $125 /hr $110 /hr $85 /hr $60 /hr `w m` d `m m m E C m m R w W M � 0 _ Task Task a` n` a` o Hours Task Cost Street Improvement Plan 2 16 144 392 40 594 1 $ 67,080 Striping Plan 4 28 48 16 96 $ 10,700 Utility Research and Coordination 2 16 18 $ 2,280 Quantity & Cost Estimates 2 8 16 4 30 $ 3,280 Specifications 2 32 8 42 $ 4,760 Meetings, Coordination & Project Management 4 16 20 40 $ 5,380 Record Drawings 2 24 12 38 $ 3,940 Reimbursables I $ 2,000 Total 6 44 248 480 68 12 858 1 $ 99,420 F:1W O RDDOCSIDLB%PROPOSALla839.xi5 A839 December 22, 2008 Project -Schedule City of Plewport Beach yofNt'S Newport Lido Isle Rehabilitation Project 1 Ip 1 I Task Name Contract Awarded/ Notice to Proceed (Assumed date) • Duration 0 days Start Tue 116109 Tue 1/6/091 JanuaI February_ I March 1111 7118 i 1/26 116 2/7 ' 2/B X2/15 a 2/223r 17 1318 r 3/15 3/22 3/29 4!5 I ~ 2 City Meeting o flays Tue 116109 Tue 1!6109 IQ 116 3 Research & Evaluate Record DataV 7 day .. Wetl 10/09 ' Wed 70/09 4 Utility Notifications Sentl 8 Receive 20 days Tue 716/09 Mon 2/2/08 �_ I f JS City Provided Topo- Received :I 0days Fri 1/18109 Frit/16/091:1/16 ! j 6 Site Review w/fopo t day Man 7!18/09 Mon 7179109 { 7 �6 Site Review w/City f jPrepare 80% Plans, Specrificafions & Estimate (NOTE: Start date 1 day 25 days Mon 7126!09 Mon 7126/09 Mon Vi9f09 Fri 2120/091 lof plans, specifications and estimate preparation are predicated I on the delivery of the City provided topo.) 1 97-1 City Meedrg : 0 days Fd 2/20/09 Fri 2120/09 2120 - 10City ........_......._._..._........... .... .._........._..... .,............ .... ..... ._........... ..__.............._.............. Plan Check __..._....... 10 days .... ... ._._._......................_..--- . Mon 2/23109 Fri 316/09 71 City Meeting 0 days Fri 3(6!09 Fri 3/6/09 316 : Prepare 100% Plans, Specifications & Estimate 10 days Mon 31-!09 Fd 3120109 12. 73 City PWn Check 5 days !Aon 323109 Fri 3/27/09 i _ 14 I Submit Mylars. Specifications & Estimate 0 days Tue 3/37!09 7ue3/31l09 `_LLQ ;� 3131 i Y Task`,`..`...`.,.'.''._i`.i':.'-..-:.. .. 3.'-.-'.,`...,'-..'..-.,-',-"._'._-.- Summary v v Rolled Up Progress ® Project Summery Project 1649 Ildo Isle Proposal Schad Dale: Wed 70109 Press [.1 1 Rolled Up Task Split • , , , , _ Group By Summary Milestone © Rolled Up Milestone O External Tasks [•' ` `' ' Project No, 27.607 Page 1 ACO" Q. CERTIFICATE OF LIABILITY INSURANCE DATE 212/2 VODIYYYY) 2 009 PRODUCER Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 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 # (949) 263-0606 wWW-COmpletelnsurance.wrn _ INSURED SOCAL Walden, Inc.; INSURER A: Travelers Property Casually Ins Co of America E%PIMTIONDATA INSURERS: Travelers Casualty.lns. Co. of America A DBA: Walden & Associates INSURER C: I 2552 White Road, Ste. B Irvine CA 92614 INSURER O: EACH OCCURRENCE INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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. INSR DD' POLICY NUMBER POLICY EFFECTIVEPOLIDY IMMIMM,I E%PIMTIONDATA LIMITS A GENERALUABILITY I EACH OCCURRENCE 5 2,000,000 ✓ COMNERCIALGENERAL LIABILITY 6807649L632 1/112009 1/1/2010 OAMAG TO RENTED P N,eace s 1000000 CLAIMS MAGE ❑✓ OCCUR MED EXP (Any ¢Ne warn 000 $ 10.000 PERSONAL S ADV INJURY v $ 2.000,000 Primary/NonCon Scheduled At Endt. _✓ ✓ Waiver of Subr GENERALAGGREGATE S 4,000 000 #CGD3820907 GEN% AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AUG S 4,000,000 POLICY I s/ j PRO- ✓j LOC AUTOMOBILE LIABIIJTY COMBINED SINGLE LIMIT 5 _ ANY AUTO IS. accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per P¢+aonl g 1 BOOILY INJURY ... HIRED AUTOS NON -OWNED AUTOS (Pat occMonl) g PROPERTY DAMAGE $ I . ._.. I I (Per accldam) 1 GARAGELWBILITY I EAACCIDENT I S .. _ ANY AUTO �I f �A��V OTHER THAN EA ACC 4 5 AUTO ONLY: AGO E%C ESSNMBRELLA UARILTFY EACHOCCURRENCE 5 _j OCCUR CLAIMSMADE _ AGGREGATE 5 5 S _ DEDUCTIBLE : _ _ I $ RETENTION It I + WORKERS COMPENSATION AND I ! 1 ✓1 TORY I IMITS I P. B I EMPLOYERS'LIABILITY UB8662Y60A 1 1r112009 1/1/2010 ANYPROPRiETORIPARTNERIEXECUTIVE Blanket Waiver of j 'EA _EACH ACCIDENT S 100000 10 00QQQ_SPECIAL I OfFICERlMEMBER EXCLUDED? Subro #WC99037600 i E.L. DISEASE -EA EMPLOYE1—S PROVISIONS below I I E.L. DISEASE -POLICY LIMIT, g .000.00() I OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cert Holder is Add Ins as respects Gen Liab but only if required by written agreement with the Named Insured prior to an occurrence per Scheduled AI Endt. form #CGD3820907. WC Waiver of Subro Endt. form #WC99037600 incl for all persons/ organizations that are parties to a contract that require this Endt. provided the contract is executed before the loss. Gen Liab incl Severability of Interest & Contractual Liab per limitations In Liab coverage form #CG00011001. Coverage subject to all policy terms, conditions, limitations and exclusions. RE: Lido Isle Street Rehabilitation Project City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach CA 92658-8915 :AT NO.: 1429¢05 Nara Chevez 2/2/3009 30:6¢:36 AN P49a I Of 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL PVQCXKX W MAIL 3n • DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, J{{(pQ){-XI.OJR$bJCQ(x X90PXRNtt�➢JN �[aerowe7axXt�cwx9t;F»NxsczNt�xScptt Ytl[MdFRrERtt VI6XY ' t0 Oays ror NonYavmont of Premium. �RIZEU REPRESENTATIV E K. Igram Arron 9A /Dnmmi n ArYTDn P(4DD(1D ATIFIU 10¢¢ SOCAL Walden, Inc.; DBA: Walden & Associates COMMERICAL GENERAL LIABILITY POLICY NUMBER: 68076491632 ISSUE DATE: - - 2/2/2009 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach Attn: Shauna Oyler, Public Works Specialist PROJECTILOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 02007 The Travelers Companies, Inc. Page 1 Of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission CERT NO.: 9925005 Nora Chavez 2/2/2009 10:60:36 AN Pago 2 of 4 COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contractor agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission CURT 110.: 4425005 RGin Ch"v01 2/3/3009 10:9BJ6 RR Pagc 3 of 4 SOCAL Walden, Inc.; DBA: Walden & Associates TRAVELERS 2/2/2009 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB8662Y60A WAIVER OF RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. 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 3% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. DATE OF ISSUE: CERT 90- 4425005 morn Chavez 1/2/2009 10:4B:25 F Pala 4 0[ 4 JOB DESCRIPTION FEB -2-2009 02:23P FR011:11RTTHEW KELLY 949 261 5207 TO:644331e P.2 CERTIFICATE OF LIABILITY ll 8!'C SURANCE 02/02/�Do i PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Matthew Kelly ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17870 Skypark Circle, Suite 101 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine, CA 92614 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LTR g INSURERS AFFORDING COVERAGE NAIC W INSURED Walden 6 Associates INSURERA: State Farm mutual Auto Insurance company 25178 LIMITS 2552 White Road, Suite B INSURER B: c: EACH OCCURRENCE S Irvine, CA 92614NSURER INSURER D: COMMERCIAL GENERAL LIABILITY INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BYTHE 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. DISK ADOM. POUCYEFFECTIVE POLICYEXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER DATE MWD DAME MWD LIMITS GENERAL LIABILITY EACH OCCURRENCE S PREMISES Eaocau.= $ COMMERCIAL GENERAL LIABILITY CLABASMADE OCCUR MEDEXP An ane groan S PERSONAL&ADV INJURY S GENERALAGGREGATE 5 CfJY1.AGCiSCAIELMTAPFIFS PER PRODUCE-COM1PAPAGG $ PRO - POLICY JECT LOC A X AUTOMOBILE LIABILITY 018 4736 -FOS -75 12/05/08 12/05/09 COMBINED SINGLE LIMB IEa xc4bnl) s 1,000,000 ANY AUTO SODILYINJURY S IPar peroon) _ X X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Paredmm) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE S (Par acadeM) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHERTHAN EA ACC S AUTO ONLY: AGG 5 ANY AUTO EXCESSNMERELLA LIABILITY EACH OCCURRENCE $ AGGREGATE S OCCUR E-ICLAIMS MADE $ Y DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ORSTATLL DTH• ORY LIMB$ ER ILL EACH ACCIDENT Y ANY PROPRIETORIPARTNEIVEXECUnVE E.L. DISEASE - EA EMPLOYEE S OFFICEIVMEMSER EXCLUDED? El DISEASE •POLICY LIMIT Y S urdw SPECIAL PROVISIONS pelw, g.6 AL OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PRO VISIONS All California Operations Complete Job Description: Civil Engineering and Land Surveying Job/Project Reference.: Lido Isle Steet Rehabilitation Project nTynM ADDITIONAL INSURED: SBOIID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEI I FD BEFORE THE EXPIRA11UN City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3300 Newport Beach Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Newport Beach, CA 92659 IH POSE NO OSUGATION OR LIABILITY OF ANY HIND UPON TH E INSUX ER ITS AGENTS OR Rttn: Shauna Oyler - Public Works Specialist REPRRESENTATNES, Cn OFO AFNYbTNE Irl FEB -2-2009 02:23P FROPI:MRTTHEW KELLY 949 261 5207 TO:6443318 P.3. 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)- It SUBROGATION IS WANED, 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form 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. ACORD 26 (2001108) ACORA. CERTIFICATE OF LIABILITY INSURANCE R 0212/2oo0s9 2 2 Z PRODUCER Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 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 N_A_I_C 9 (949)263-0606 m".Completelnsurance.com INSURED SOCAL Walden, Inc.; INSURERa Zurich American Insurance Co. INSURER B: _ EACH OCCURRENCE DBA: Walden & Associates 2552 White Road, Ste. B Irvine CA 92614 INSURER C: Y —" -" INSUNSUREER D: IRR E: _ DAMAGETORENTED PREMISES IE.« COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIONOF 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. INSR kDO POLICY NUMBER POLICY EFFECTIVE POOUCE EXPDIATIGNNRR SURANCE LIMITS GENERALUABIUTY EACH OCCURRENCE S COMMERCIALGENERALUABILITY ( DAMAGETORENTED PREMISES IE.« _ S CLAIMS MADE F-1 OCCUR MED EXPIAny one arson S _ PERSONAL& ADV INJURY S ._._.._.._�—__....,__. GENERALAGGREGATE S ---- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S POLICY 7 PR0. LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT IEC ecdaeal)00nl) S BODILY INJURY (Per peraan) S ALL OWNED AUTOS SCHEDULED AUTOS ' OULaLY INJURY I(POI aai0eA1) HIRED AUTOS NON -OWNED AUTOS I I I PROPERTY DAMAGE 1. (Per aOOd.nH S I I GARAGE LIABILITY I AUTOONLY. EAACCIDENT 5 EA ACC AN S _I j IANYAUTO I j S I I 1 IAUTO ONLY: AGO EX_CESSIUMBRELLALIABIUTY EACH OCCURRENCE 5 1r AGGREGATE ._ 1 OCCUR C_i CLAIMS MADE I 5 DEDUCTIBLE I $ _ RETENTION S S I WORKERSCOMPENSATION ANDI EMPLOYERS'UABLITY i ANV PROPRIETOWARTNEIVEXECUTIVE I WC9TATU OTH- .ER__ E.L. EACSIACCIDENT 5 _ I S I OFFICERIAIEMBER EXCLUDED? Il yesAescebe oMer I SPECIALPROVISIONSbaloa, I EEL DISEASE EA EMPLOYEE E.L. DISEASE -POLICY LIMIT OTHER A Professional EOC914014202 i 10/29/2008 10/29/2009 $1,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERAIRNIS I LOCATONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 30 Day Notice Endt. UPL546ACW included RE: Lido Isle Street Rehabilitation Project City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach CA 92658-8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3a DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO OO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. ' 10 Day: AUTHORIZED REPRESENTATIVE n NomPaymenl of Pramram. /JC CERT NO., aa20014 Noxa Chavez 212/2009 10:50:27 AH Page 2 of 2 ACORD25(2001/0B) ©ACORD CORPORATION 1988 ZURICH -AMERICAN INSURANCE GROUP Cancellation Notice To Certificate Holders Endorsement THIS Named Insured and Mailing Address: SOCAL Walden, Inc.; DBA: Walden & Associates 2552 White Road, Ste. B Irvine CA 92614 This endorsement modifies insurance provided under the: Producer Architects and Engineers Professional Liability Policy Y. Complete Insurance, Inc. 19000 MacArthur Blvd. PH Floor Irvine CA 92612 In consideration of the premium charged. it is agreed that should this policy be canceled by us prior to the expiration date for reasons other than nonpayment of premium or a deductible amount when due, we will provide not less than thirty (30) days notice to the following certificate holder(s): City of Newport Beach Attn: Shauna Oyler, Public Works Specialist 3300 Newport Blvd. Newport Beach CA 92658-8915 If in the event (he policy is canceled because you I -ailed to pay a premium or deductible amount when due, riot Tess Lhan ten (10) days notice will he provided. All other terms and conditions remain unchanged. Signed b): 2/2/2009 Authorized Representative Date Page 1 of 1 CBR: No.: 4425034 Nora Chavez 2/2/2009 10:50:27 AN Page 2 of 2 U -PL -546-A CW (8196) FEB -2-2009 02:25P FROM:MaTTHEW KELLY 949 261 5207 TO:6690416 P.2 CERTIFICATE OF LIA®ILffY INSURANCE 02/02/ 2009 ACOL tl®ID THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION Matthew Helly ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17870 Skypark Circle, Suite 101 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine, CA 92614 ALTER THE COVERAGE AFFORDED BY THE POLIGIFS BELOW. [RAL RAAEMY Dt£RCbl DEHERALUAOILT' CLNMS MNIE OCCUR I IR9URERS AFFORDING COVERAGE HAIL E INSURED Walden 1 Associates INSURER& State Faro NUtual Auto rnsurence Company 25178 EE RED 2552 White Road, Suite B xisURERa mauREBc: Irvine, CA 92614 nRSURERD -COIPAPA60 7 LVBURERE A COVERAGES THE POLICIES OF INSURANCE LISTED BE1DW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNITTISTAHDIHG ANY REOUREMENf, TERN OR CONDITION OF ANY CONTRACT OR OTMER 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 POUGES. AGGREGATE 18OTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NRI LIN ACOL tl®ID TYPECONHUAANCE PDUCYNUMeDI T}FLTIVE "ISIMMAXYM POUCYEVIRATION DALE C LSOTS [RAL RAAEMY Dt£RCbl DEHERALUAOILT' CLNMS MNIE OCCUR I EADN OCCVR� t EE RED MED W wa i PEPS &AWINIURY GENePAt PfldleGATe a [BA.AD3dLVE18A1NYTFSPBt DR6 POLN:Y .IECi LCC -COIPAPA60 7 A X X X >< X ANYAUM A ONNEDALIOS OCHEDULEO.VfT09 HRED AUTOS NON-ONNEOAUTOB 018 4736-F05-7$ 12/05/08 12/05/09 Doe®MIIILELMR (Ea,sy„Ay S 11000,000 BDDAYULAARY S IPerosA>,I __ _ eOOLLYINIURY S Pe mwnl PROPERTY DAMAGE S (PreoiMnf) OARAGE LRRDAM ANY AUTO AUTO ONLY- EAACCIDENT S OTHERTNW EAACC S ADTO Oros AGG EXGEILMUR ELLALMBMY OCCUR F�CIAWSMWE DEOUCTISLE RMfiTION i T 01:CURRENCE f AeORECU.TE_ J S S PAUO;IS WAIPENSATII IANO ®PLOY LMSIITY ANYPROPRIETORMA ERIETEQNNE CFqFTr"AASRDERUCLUDFD9 BPELNLLUL PROYISIWlS aNAr S1LYywr ER EL EArT1ADCIDENT ELDIREAAE EA ESS>LOYEE S EL OISEA.^.E-POLICYLMR S OTHER uESCOPTION OF OPERATIONS I LOCAMNO 1 VEHICLES a UCLU8AN3 ADDED BY ENOOPa6NENTI SPECIAL PROVISIONS All California Operations Complete Job Description: Civil Engineering and Lard Surveying Job/Project Reference: Lido Isle Steet Rehabilitation Project TE of Newport Beach Newport Beach Blvd. Drt Beach, CA 92558 Shauna Oyler - Public Works Specialist ENDUID AW OF M ABOVE DE&CIMIED POLICIES EE CAIMI3— DEFOPE THE M0 ATIDN DATE THEREOF. THE OCUNO INUMEA YILL "OFAYOR 10 IWL -M DAYS WRITTEN Nam To THE OWIFIcATE HOL=NAISm TO THe LEFT. EUT PAAIPIE TO DO to 81 A WFoSe No oa LmATCN OR UAM.ITY OF ANY IOND UPON TWe NIBURER, RE AOENTS DR FEB -2-22009 02:25P FROM:MRTTHB4 Y.:ELLY 9149 261 5207 78:6600418 P,3 IMPORTANT If 1ha certificabe 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, sulked to the terms and conciitirnrs of the poL.y, oerta<n porkies may require an endorsement A statement on this oertifirate does not confer rights to the ceNficats holder In lieu of such endorsemengs). DISCLAIMER The Certificate of Insurance on the naverse side of this form does not oonstihAs a contract between the issuing insurer(s), authorized representattve or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend orabf the coverage afforded by the policies listed thereon. ACDRD 25 (2001100) Fax #: CERTIFICATE OF INSURANCE CHECKLIST Cutty of Newpo r4 Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/6/09 Dept./Contact Received From: Shauna Oyler Date Completed: 2/6/09 Sent to: Shauna Oyler By: Jessica Scherer Company/Personrequired to have certificate: SOCAL Walden Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty insurance Company of America 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 $11M or greater): What is limit provided? $2M Each Occ/$9M Ar,- E. rgE. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No 1. 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. If. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: State Farm Mutual Auto Insurance Commit 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 min. BI & PD and $500,000 UM): What is limits provided? $1.000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Casualty Insurance Company of America 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? ❑ Yes ® No