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C-4587 - Bridge Maintenance Program
;� •> OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 13, 2012 Mr. Kurt L. Clink Truesdell Corporation of California, Inc. 1310 W. 23rd Street Tempe, AZ 85282 Subject: Bridge Maintenance Program - C -4587. Dear Mr. Clink: On September 13, 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 September 20, 2011. Reference No. 2011000464821. The Surety for the contract is Merchants Bonding Company and the bond number is CAC62445. Enclosed is the Faithful Performance Bond. Sincerely, 4 ok� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - www.city.newport- beach.ca.us CITY OF NEWPORT BEACH, ' PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO, 4587 BOND NO, . CAC62445 FAITHFUL PERFORMANCE BOND The - premium charges on This Bond is $ 109800 being at the,rate of $ 8:50 per thousand of the Conlracl price., WHEREAS, the City Council of the City of Newport OLach, State of California; by motion adopted, awarded to - TRUESDELL CORPORATION OF CALIFORNIA, INC., a California corporation, hereinafter designated as the "Principal', a contract for construction of BRIDGE MAINTENANCE PROGRAM, Contract No, 4587 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. 4587 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE; we, the Principal, and Merchants Bonding Company (mutual) -- —. duly authorized to transact business under the laws of [ho State of California as Surety (firireinaftei "Surely'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty-Nine Thousand, One Hundred Twenty -Nine Hundred and 001100 Dollars ($12,9,120,00) lawful money of the United States of America, sails nri being equal lto 100% of the estimated amount of the Contract, . to be paid to the City of Newport Beech, its successors, and assigns: for which payment well and truly to be made, was 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 fi the Principal, or the Principal's heirs, executors, -;administrators, successors, or assigns, fail to abide by, and well and truly keep end perform any or _ all the- work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as ° therein provided on its Hart, to be kept and performed af'tle time and in the manner )Herein specified, and in all respects according to its true intent and meaning; or falls to indemnify, defend, and save harmless the City of Newport. Beach its officers, employees and ,agents, as therein stipulated; then. Surely will failhfulfyperform the same, in an amount not exceeding the sum specified in this [fond,- othenvise this obligation shall become ni.ill and void, As •p pail of the obligation secured hereby, and irl addition to the Tare amount specified in this Peifonnance Bond. There shall be included costs and reasonable expenses arid fees, including reasonahle attorneys fees, incurred by [lie City, only in the even'; the City is required to bring an action in law or equity against Surety lclenfor c the obligations of this Bond. Surety,: for value rec:eivnd stipulates anti agrees that no change, extension of time, alterations or additions to the terms of the C60ract or to the work la 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. main lained by the Principal in full force and effect for one (1) year following the date of formal acceplance 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.ifs obligations under this Bond. IN WITNESS WHEREOF, this instrument has been dully executed by the Prindpai' arid, Surety above ranted, on da of February the, t6 y . 12011. Truesdell Corporation of Ca l_ifornia,.._Inc � , ,. ., ........... Bidder A' i rgnc turf efTiM .Merchants Bonding Company (mutual) ............................... _. ........... .............Narne of Surel y uth _ Agent SI ture 2100 Fleur Dr Des Moines, Iowa 50321 Address of Surely 602 X956 7800 - - Telephone Jessika Gulliver, Attorney -In -Fact ........ ...._ .::.... Print Narne and Title NOTARY .ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED A( KNOWLEDGMENT ...........✓....-..... a...... eii.: aa ........ ............ ........... ega.v.uro ae., State cf- cw4w4oa4, ^' Court4VI4 ,....`GV }, ss. p ....... before n �e %� �i , Notary Publisonall a eared L n � On 2, _...... — who proved to me on the basis of satisfactory evidence c, be, the person(s) whose name(s) isfare sttbs'cribed to the within instrument and acknowledged to me. that helshe /they executed the samO in tiffs /ierllheir authorized capaciiy(iesJ, and that. by his!ner /their signatures(s)'oh the ulsllurnent the person(s), or the entity a P nn behalf if which the., P ersai O S acie d, 'eecutPd the instrument. I cerllfy under PENALTY OF PERJURY Under the laws of the State of California that the foregoing paragraph is true and Correct. WITNESS niy hand and official seal: - - - NANCY L1MCKOWAK Notary Public - AAtona - l0arieopa County ' - My Commimlon Eaplms SEPTEMBER '20, 2013 ,'natia .................................. a......................................... . OPTIONAL INFORMATION Date of Document hype or Title of Dorument Number of Pages in Document. Document in a Foreign Language Type of SilisfartoryEvidence: -- Personally Known with Paper Idedlification ..... Paper Identification Credible W ilness(es) - Capacity of Signer: ............... 'I rustee ......... . flower of attorney CEO r CPO / coo President I Vice - President / Secretary l Treasrrrer oilier. Other Intornlatiorr: 32 Thumbprint of Signer U I;iwck'!Coro if n(i O'lumbpritll (it li.19( ptiiri is wintlabl" ACKNOWLEDGMENT Slale of Arizona County of __Maricopa. } -S5. On February 16 2011 before: me r� ...... � � l � ; Notary Public, personally appeared Jessika Gulliver ...... __'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 /tier /their authorized capacity(ies), and that by his /her/their slgnalures(s) on the instrument the person(.$), or the entity upon behalf of which the person(s) acted,, OXCCl7ted tie instrument. I cerl'Ify under PENALTY OF PERJURY under the laws of the Steite of Arizona that 'tile foregoing paragraph is true and correct. WITNESS my hand and official seal - - --- - ALEXANDRA Y. VIALON NOTARY PUBLIC - ARIZONA. MARICOPA COUNTY MQvQMb>Iafon EA ''res Novembsr 30, 2014: (seal) nv•..... v v.• v v v.. v v ..v ..e v. vv._ ... _ _ ..v ....'... v.. s.. -' OPTIONAL INPORMA'TION Dale of Docu rent - Type or Title of Docurnent Number of Pages in Document Document in a'Forrign l.aixluage Type of Satisfactory Evidence: _ Personally Known with Paper Identification ...... Paper Idenlifirdion ....._ ....... Credible Wilfiess(es) Capacity of Sinner: Trunlev.. - - Power of Attorney mCEO I CFO iCOU President I Vice - President I Secretary I Treasurer Other: Other Inormalion'___..___.._._.. 33 Thumbprint of Signer (� CflEr;'R ilEirij if _ 4R li�Wnii)I�riiit . ur lingt9priil ' is arvatlablo. October 25, 2011 i \ ♦ Y OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC Mr. Kurt L. Clink Truesdell Corporation of California, Inc. 1310 W. 23rd Street Tempe, AZ 85282 Subject: Bridge Maintenance Program (C -4587) Dear Mr. Clinic: On September 13, 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 September 20, 2011, Reference No. 2011000464821. The Surety for the bond is Merchants Bonding Company and the bond number is CAC62445. Enclosed is the Labor & Materials Payment Bond. Sincerely, lam/' Leilani I. Brown,. MMC City Clerk Enclosure 3300 Newport Boulevard Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 - 3039,• www.city.newport- beach.ca.us WHET adopted, has, cornoration. a , CITY OF NEWPORT BEACH, PUBOC.WORKS DEPARTMBNl" BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587" BOND NO. CAC62445 LABOR AND MATERIALS PAYMENT BOND the City Cowhiil of the Cify. of Newport Beach, State 0 C Jed to TRUESDEt.L CORPORATION OF CALIFORNIA nafter designated as the 'Principal," a contract for'consl 0G0w;contract No.4507 in the City of Newport'Bea& with'th@ plans,, drawings, specifications and other Contract Oociiments In the office of Ihe.Public Works'D'epartirtent of the City of Newport Beach, all of which are incorporated herein: by this refefence. - - WHEREAS, Principal has executed or is about to execute Contract Nm 4587 and''Ina terms thereof the furnishing of a bond, providing that 'lf Principal or any of, Principal's subcontractors, shall fail to pay for any materials, provisions- or tidier supplies used in, upon, for, or about the perfonriarice of the work agreed lobe done; or for any_o,,brk or labor done ,thereon of any kind, the Surely on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE; We the undersigned Principal; and Merchants Bonding Company (mutual) - -.... - - ,_,,,_, _! duly autfiorized to transact businoss 'unrei the laws of the State of California, as Surely, (referred to herein as 'Surety') are held firmly bound, unto the City of Newport Beach, in the sure of One Hwndred.Twenty -'Nine Thousand, One' Hundred Twenty -Nine Himdredand 001100 Dollars ($129;129:00) IawlUI money of the United Stales of Aniarioa, 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 rnarte;'we hind ourselves, Our theirs', executors and administrators, successors, or assigns, jointly and severally ,'firmly by these preserit. THE CONDITION OF THIS OBLIGA7l0N IS SUCH, that if the Principal or tae Principal's subconlract6ts; fail to pay for any materials, f rovistons. or other supplies, implements or machinery used in, upon, for, or about the piarlomiance -of the work contracted to be done, or :for, any other work or labor thereon of any kind: or for amounts due Sander the 'Unenrplr yrnent insurance Code with'respect to such work or labor, or for any aghounts required.to be deducted, withheld and pair) over to the Employment Development Qepartment train foe wages of employees of the Piircipal and subcontractors pursuant to Section 130 20 of the Unemployment Insurance Code with respect to such work, anrJ labor, than the Su rety will pay for 1ho same, in,au amount not exceeding the suns specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bonn, a reasonable allorhey's fee, to be lixed by the, Court as required by the provisions of Section 3250 of the Civil Cods: of the Stati--: of California. The Bond shall inure to the beihefit of any and all persons, companies, and corporations entitled 10 'file claims unifier Section 3181 of the California Civil' Code so as to give a right of anion to them of their assigns in any Suit brought upon this Bond, as required 6y and in accordance with llie provisions of Sections 3217 et:. seq. of the Civil Code of the State of California. And Surely, for valise received, hereby stipulates and agrees'thal rfo change, extension of limo, altorafions or additions to the terms of the Contract or to the work to be performed thereunder Ila or the specifications accompanying the same shall in any wise affect its obligations on this Pond, and it does hereby waive notice: of any such rhange, 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 .his Bond as an individual, it is agreed that the death of any such principal shall not exonerate: the Surety frorn* its obligations Wider this: Bond. IN WI'I "NESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety; on the 16 - '.. day of February 2411. Truesdell Cor oration of California. Inc. - -- — ..... ....... ....... - ............ natiheTTilte t3iiider, Hied Siy OjG lft++r,�' Merchants Bonding Company "utual) - - - - Nahle of Surety Author, Accent attire 2100 Fleur Dr Des Moines, Iowa .50321. Jessika Gulliver, Attorney - In -Fact - .... ........ ........ ..:....... Address of Surety Print Narne and Title 602 956 7800 - - _.._._ ............... .............. .�- - Telephone 35 ACKNOWLEDGMENT . . . . . . . . . . . . . . . w .. . . . . . . . . . . . . . ea . . . . . . . . . . . . . . . . . . . . . . as . . . . . . . . Stale, OILGaw-n* County of 'r On before me ?V, L40 Notary Public # personally appeared -41 proved to me on the basis of satisfactory evidence to be the person(s) whoseriarne(s) is/are subscribed to the withiri instrument and acknowledged to me thatbe/she/they, execute: d: the same in hisl/her/their authorized 6apacity(ies), and that by his/herhhoir signatures(s) on the instrument the person(s), or the entity upon behalf of which the pqrson1s) acted, executed, the instrument. I certify under PENALTY. 0F PERJURY :under, aho laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official soal. O NANCY L MACKOVAAK Notify Public - Arizon, i Madcopa County My. Commission E , xplms SEPTEMBER 20, 2013 `-AgInat re ..................................... ......... .......... ....... OPTIONAL INFORMA TION Date o f f ocument ........... Type or Tille of Doctnnent . . . ..... ............................. Number nf*Pa&s in DOCU(nent DOOLinient in a Fore(qn Lang(jac ge ........................ ....... Type of S.ati-MaMry Evidence: Pensonally Known with Paper Identification ........... A Paper Identification .......... Ciredible Wtnegs(es) Capaci(yof Signer: Trustee Power of Attofney ........... CFO 11 CFO / COO President! Vice - President Secretary i Deasurer Othu . ............ Ot1wr lnlolnlatioll: ...... . . . . . . . . . .............. . ............................... ........ . ........... ... .............. ........... ............. ..... 36 Thumbprint of Signer c�llea 11 uyC.-.1f 110 thumbl)o1i of fi.1fjPrrjr411 k a%miloLle. ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . .'n . . . . . . . . . . . ....... . . . . . . . Stale of Arizona C61-IfIty Of MaricoPa_..______j S's. On before me, Notary Public, personally appgared Jessika Guuiver .......... who proved to me on the basis ofsatisfactory. evidence . to be the person(s). whose rt.arne(s) istare subscribed to the Within instrument atid acknowledged to me that he/shefthey.eXe6uted the same in his/her/their authorized capacity(ies), and that by his✓ner/their signatures(s) on the instrument the person(s), or the entity upon behalf of which thoperson(s) acted, executed the I ce(tify under PENALTY OF PERJURY under the Jews of the State of Arizona that, the foregoing paragraph, is true and correct. WITNESS my'liand and official seat. ALEXANDRA Y. VIALON NOTARY PUBLIC - ARIZONA' MARICOPA COUNTY Commission Expires VNwmmber30,20)4 Simature 11 .......................... .......................... ....... ........ ...... OPTIONAL INFORMATION Date of Docunient Type or Title of DOCUrn ent . .. . . ........ . ................... Thumbprint of Signer Number of Poqes in Document ..................... ......... ............... Document in 'a Foreign Language . . ........ Type of S'p,tisf,,ictory Evidence Personally Known with Paper Identification Paper Identification ......... . ....... ... :... Crcd ible Wltness(es) Check he.e it Capacity of Signer: no thdrobprint Trustpe ........ . ..... nr fingerprint ...... .... Power of Attorney CF0,'CFO i COO President / Vice- President SOCRItafy I ffect',Alier 01hor: ........................ . . ............................ ...... Other Information. . . ........... ...... ................ ........................ 37 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Jessika Gulliver of Phoenix and Slate of ARIZONA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in -Fact, pursuantto the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 26th day of November , 2008 . :•o��\NPU ov'• P • m.' 4� g9�;.2L ry-r= -o- 03� • Z: a'• 1933 : c; STATE OF IOWA COUNTY OF POLK as. MERCHANTS BONDING COMPANY (MUTUAL) By C%'L / 77� President On this 26th day of November 1 2008 . before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors: In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. vq, CINDY SMVTH - I. !n /eJ�is(.] Z F Commission Number 173604 WWWrtrtrt --- ue My Commission Expires J March 16, 2012 Notary, Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hor-inrn =or my hand and affixed the seal of the Company on this 16 day of February , 2011 CO :6'• 1933 : c; c� POA 0005 (1/09) Secretary R corded in Official Records, Jrange County irdqr ���� Q IIIIIIIIIIIIIIIIIIIINO FEE II 0111 RECORDING REQUESTED BY AND 00464821 12.22 pm 0912 WHEN RECORDED REMR,'I` FQ7 M. *� N12 1 City Clerk OFFICE OF o.00 o.00 0.00 o.00 o.00 o.00 o.00 o.00 City of Newport Beach THE CITY CLEF( 3300 Newport BoulevardaTY OF NE!'IMPT Ci�XH 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 Truesdell Corporation of California, Inc. of Tempe, Arizona, as Contractor, entered into a Contract on March 8, 2011. y Said Contract set forth certain improvements, as follows: Bridge Maintenance Program — C-4587 Work on said Contract was completed, and was found to be acceptable on September 13, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company. 1'1 brks Director ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed ony f/�f'iM-- I �",yU �� at Newport Beach, California. BY &61�j City Clerk � SEW PORT CITY OF O d i NEWPORT.- BE �9C,FOR�'P City Council Staff Report September 13, 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: Tom Sandefur, P.E. APPROVED: TITLE: BRIDGE MAINTENANCE PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4587 ABSTRACT: On March 8, 2011, City Council awarded Contract No. 4587 to Truesdell Corporation for a total contract cost of $129,129.00 plus a 10% allowance for contingencies. The required work in now complete and staff requests City Council accept and close out of the contract. 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. 4. Approve Budget Amendment No. 12 -_ appropriating $16,500 from the unappropriated gas tax fund to 7181- C2001010. FUNDING REQUIREMENTS.: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Gas Tax 7181- C2001010 $ 158,629.00 Total: $ 158,629.00 BRIDGE MAINTENANCE PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4587 September 13, 2011 Page 2 -1ylQ� N1 DISCUSSION: Overall Contract Cost/Time Summary Construction Actual Contract Time Contract Award Final Cost at Contingency Contract Time Under or Amount Completion Target Change (days) (Over) $129,129 $158,629 10% or less 22% 60 (11) The work necessary to complete this contract consisted of detecting and repairing spalled portions of bridge deck, repairing cracks in bridge soffits and piers, repairing sidewalk and barrier rails, replacing joint seals, and making slope erosion repairs. 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: $129,129.00 Actual cost of bid items constructed: 158,629.00 Total change orders: Final construction contract cost: ME $158,629.00 The final construction contract cost approximates 22 percent above the original bid amount. This is because the 38th Street Bridge having considerably more deterioration than anticipated and the costs of correcting those deficiencies. Funds were available in FY 2011 Capital Improvement Program budget but were not rebudgeted to FY 2012 and therefore were returned to the Gas Tax fund balance. As such, a budget amendment is needed to reappropriate needed funds to this account. No change orders were processed as quantity increases were accounted for within the project unit bid items. A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: April 4, 2011 Project Awarded for construction: March 8, 2011 Contract Completion Date Plus Approved Extensions: July 19, 2011 Actual Construction Completion Date: June 30, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. BRIDGE MAINTENANCE PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4587 September 13, 2011 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: , * Y, e � � Stephen G. Badum Public Works Director Attachments: A. Location Maps B. Budget Amendment LOCATION MAP 38TH STREET OVER RIVO ALTO CONTRACT NO. 4587 O� PTO PROJEC LOCATION F F 0� B� L LOCATION MAP UNIVERSITY DRIVE OVER BONITA CREEK CHANNEL CONTRACT NO. 4587 PROJECT LOCATION O� O C 9 \ �JFF C( '-f ®f Newport Beach NO. BA- 12BA -008 BUDGET AMENDMENT 2 011 -12 AMOUNT: $16,soo.00 EFFECT ON BUDGETARY FUND BALANCE: i Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION:. This budget amendment is requested to provide for the following: To increase expenditure appropriations from Gas Tax Fund Balance for the Bridge Maintenance Program. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Gas Tax - Fund Balance $16,500.00 Description Signed: f- a -)/ ncial Wlp -roval: Admi ' ervices Director Date yy Signed: �a c—\LA„ N11 Adminis a Approval:_ City Nhnager Date Signed: City Council Approval: City Clerk Date Description Division Number 7181 Gas Tax Account Number C2001010 Bridge Maintenance Program $16,500.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: f- a -)/ ncial Wlp -roval: Admi ' ervices Director Date yy Signed: �a c—\LA„ N11 Adminis a Approval:_ City Nhnager Date Signed: City Council Approval: City Clerk Date OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 14, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: ® Bridge Maintenance Program Please record the enclosed document and return it to the City Clerk's Office. Thank you. y, Sincer l lam D' rorw� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us M.. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Truesdell Corporation of California, Inc. of Tempe, Arizona, as Contractor, entered into a Contract on March 8. 2011. . Said Contract set forth certain improvements, as follows: Bridge Maintenance Program — C -4587 Work on said Contract was completed, and was found to be acceptable on September 13, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� r Executed on U f/�GM I �, �Oj� at Newport Beach, California. BY v I � 6 City Clerk 4 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 3rd day of February, 2011, at which time such bids shall be opened and read for Bridqe Maintenance Program Contract No. 4587 $203,900.00 Engineer's Estimate Approv b 1:�< Stephen G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Tom Sandefur, P.E., Project Manager at (949) 644 -3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 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 BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid° shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code – including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. tho ed Signature � Z5. 0 1 K Contractor's Licens J o. & Classification Jry�Sf�. // aroo✓a� � ��tl�Q, �hc. Bidder ell— U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 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 lire City of Newport Beach, a Charter City, in the principal sum of TEN PERCENT OF AMOUNT BID _ Dollars ($ 106/b AMT BID) to be paid and forfeited to the City of Newport Beach if the bid proposal of [lie undersigned Principal for the construction of BRIDGE MAINTENANCE PROGRAM, Contract No. 4587 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 DOCUrnents in the fonr(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the COI)SiructiOn Of the project within thirty (30) calendar days after the dale of the mailing of "Notilicabon of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Fond is executhq this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Bond. Witness our Ilani FEBRUARY 2011 ls this ....3RD d .. ay Of ....... ......- ......... ..... t loci ad Signalurefl ille A rth ri 4-9 f �ynature v TRUESDELL CORPORATION OF CALIFORNIA, INC. Name of Contractor (PrirlccpaI) MERCHANTS BONDING COMPANY (MUTUAL) Name of Surety 2100 FLEUR OR DES MOINES, IOWA 50321 Address Of Surety 602 980 5014 Telephone JESSIKA GULLIVER, ATTORNEY -IN -FACT Print Name and Tille — (Notary acknowledgment of Principal & Surety must be attached) MERCHANT BONDING COMPANY ROWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duty organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Jessika Gulliver of Phoenix and State of ARIZONA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surely any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,0011,000.110) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-In-Fact pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of- Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and hs corporate seal to be hereto affixed, this 26th day of November , 2008 . ,'O��\NPO Ov'• P -o- •Z: y;. 1933 : c: STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By 1-t-zz 7esident On this 26th day of November , 2008 before me appeared Larry Taylor, to me personalty known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the mid instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ro CINDY SMYTH / do /1���'✓ Commission Number •d• My Commission Expires March 16, 2012 Notary Public, Polk County Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby cattily that the above and foregoing is a true and correct copy of the POWER -0F - ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have h.r... M --' m, hand and affixed the seal of the Company on this 3rd day of February • 2011 emo•�pA P 0 g9�gy` • •z: 1933 : c: POA 0005 (1/09) Secretary STATE OF ARIZONA COUNTY OF MARICOPA ) On this 3`d day of February 2011, before me, Melanie Warnock, the undersigned Notary Public, in and for the State of Arizona personally appeared Jessika Gulliver, personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney -in -Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary Seal this 3`d day of February, 2011 My commission Expires; my 12, 2011 gn elaUSWarnock (� NOTARY PUBLIC - AA ZONA . MARIOOPACOUNTY A4y CJU m12'20Et,ires Notary Public F-111111 ./ ►[ OI f if 1 I A I I 1 T I I: 111 ................................................ ....................v........., State of rtlia ArIN ti County of 9SLIA G(. Iss. On �� ; it before Public, personaily appegred 74�'&At Notary who proved to me on the basisrof satisfactory 6{ridencelto be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NANCY L MACKOwIAK O Notary Public -Arizona MaACOpe County My Commission Expires SEPTEMBER 20, 2013 ignatur - (seal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type f Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO 7 President / Vice - President / Secretary / Treasurer Other: Other Information: N Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % Number Total Bid Name: c) S'�P,(�INV Address: 4�+3 'v, P,.cL i; 20 Q'= puti.3 R- g'kD -vuh pRh^r ('ti'. Lot, `1 Lb�$ S— MP,N(r [, 4 Phone: Slate License Number: Name: DN\D, CrZ11S6- "--"-5 Address: 71, +" L. c,p-, NNp o G S r�3 -t f N n1N: Phone: ltut -- 6'3N- hh"lo State License Number: 3 W b vtLj Name: Address: 9L4;3 V�,ND7^ ANZ:Ja,v, -t }W; c-N ZNz7, 2 zrtfr,c, ceNa�- Phone: 5 1 $ S State License Number: t '� L ^ n Z OJ'�nraIn'bi [ 7SOUTAQ JZC. Bidder P t orized Ignatureffitle K � � �k, Bidders Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Z Project Description �I Approximate Construction Agency Name Dates: From: �rrtcu Ai hi6i, un ir, ��Z�2o29 To: r v Contact Person ea) Telephone ( %p) _ $77- 660 �" 8 2rY Original Contract Amount $��� Final Contract Amount $ % /.2x 07 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. 0 PIMA No. 2 Project Name /Number Project Description Approximate Construction Agency Name Contact Person 5 ojhmLa Telephone Original Contract Amount $ W Final Contract Amount $ 1 4S1Z, 21y5L If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Agency Name Contact Person To: 17�Zg�2olo Telephone(U$ t!TT-1596 . 6C• Original Contract Amount $W 2U. Final Contract Amount $ If final amount is different from original, Dl ease 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. 10 No. 4 Project Name /Numl Project Description Approximate Construction Dates: From: IW 2D D To: to. Agency Name Contact Person G �t 0, y�q Li/e{ 1 Telephone Original Contract Amount $ g Iff, 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. d No. 5 Project Name /Number Project Description B;CJW vtr #J, RAt„&w, C1L10 Ito —P) Per-'-A.0 J � Approximate Construction Dates: Agency Name Contact Person Telephone &�) 2$(0'351,$ Original Contract Amount $�—IZ4 Final Contract Amount $ 6631, 050; X13 If final amount is different from original, (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. 11 No. 6 Project Name /Number. �J�/h/1 _6q-3Y/764 - L►� LD t 1 A Project Description Approximate Construction Dates: From: Agency Name Contact Person M T Telephone (M 07-a56(e X 224 Original Contract Amount $ y(Dia Final Contract Amount $a?S�, �f5 9< If final amount is different from original, plE)ase� 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. W 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 C struction Manager for the Contractor. ( 0, &aez 5u. #11-a-a -zce ve_e ,o7 Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current fing . I conditions. Bidder oriz ignature/Title 12 Euperience 2003 — Present Truesdell Corporation Phoenix, AZ Operations Manager Responsible for administrative office operatins Responsible for field operatoins 2002 —2003 Edward Kraemer & Sons, Inc. Phoenix, AZ, Senior Project Manager • Responsible for $80M Santan 202 Project • Heavy Hwy Projects 1998 —2002 Bradbury Stamm of Colorado, Inc. Pueblo, CO Operations Manager • $32M Water Treatment Plant Expansion • Heavy Hwy Projects 1992-1998 Hamon Contractors, Inc. Denver, CO VP — Operations Manager • Company went from $600K/yr to $20M + /yr during my stay • Heavy Hwy, Bridges, WWTP, & Commerical Bldg. 1987-1992 Edward Kraemer & Sons, Inc. Mpls, MN & Denver, CO Senior Project Manager • Jobs $5M to $30M • In charge of Primavera CPM scheduling for entire company • Heavy Hwy, Bridges, & Railroad work 1982-1987 Roadway Constructors, Inc. Portland, OR ProjectlField Engineer Heavy Hwy, Light Rail, Railroad, & Commercial Bldg. Education 1982 University of Minnesota —Twin Cities Minneapolis, MN - B.S., Civil Engineering (Emphasis in Structures) 6350 S. Four Peaks PI. Home: 480 - 6644825 Chandler, AZ 85249 Mobile: 602- 757 -2861 Office #602437 -1711 Fax #602- 437 -1821 E -mail mlong@1nuesdellcorp.com Mat* Long Objective To secure upper management position with opportunity for long term growth. Euperience 2003 — Present Truesdell Corporation Phoenix, AZ Operations Manager Responsible for administrative office operatins Responsible for field operatoins 2002 —2003 Edward Kraemer & Sons, Inc. Phoenix, AZ, Senior Project Manager • Responsible for $80M Santan 202 Project • Heavy Hwy Projects 1998 —2002 Bradbury Stamm of Colorado, Inc. Pueblo, CO Operations Manager • $32M Water Treatment Plant Expansion • Heavy Hwy Projects 1992-1998 Hamon Contractors, Inc. Denver, CO VP — Operations Manager • Company went from $600K/yr to $20M + /yr during my stay • Heavy Hwy, Bridges, WWTP, & Commerical Bldg. 1987-1992 Edward Kraemer & Sons, Inc. Mpls, MN & Denver, CO Senior Project Manager • Jobs $5M to $30M • In charge of Primavera CPM scheduling for entire company • Heavy Hwy, Bridges, & Railroad work 1982-1987 Roadway Constructors, Inc. Portland, OR ProjectlField Engineer Heavy Hwy, Light Rail, Railroad, & Commercial Bldg. Education 1982 University of Minnesota —Twin Cities Minneapolis, MN - B.S., Civil Engineering (Emphasis in Structures) 3835 Rough Rider Road Phoenix, Arizona 85050 ;PJ r1�7,, -3. L� r 4i !rtl. , Ir'1�11 Experience September 2006- Present UP Construction Project Manager Cellular #602J21-5715 ORCe #802 -437 -1711 Fax 4602437-1821 E -mail bmGgmw@tmesdellwrp.com Truesdell Corporation, Tempe, AZ. Review construction estimates, create project budgets, complete project buyout, develop and maintain critical path construction schedules, track project costs and quantities during all phases of construction, pre - construction due diligence as required by the contract documents, hold regularly scheduled progress meetings and complete project closeout in a timely manor. Notable Projects: • US Navy Graving Dock, San Diego, CA • Miller -Coors Brewing Company, Golden Colorado • Spillway Repairs Various Dams, California City of Phoenix — Job Order Contracts: 19th Avenue at Grand Canal Retrofit, 16th & Grand Canal Retrofit and Thunderbird and Cave Creek Wash. • Various ADOT & Caltrans Projects • Tucson IOCC Border Patrol • Boulder County DOT Bridge Rehabilitation • Great American Ballpark Project Manager Sunesis Construction March 2005- September 2006 Evaluate estimates, complete project buyout, establish work schedule and critical path milestones, prepare submittal information, track project cost, establish client relationships, maintain project quantities, hold progress meetings and worked with administrative assistant to complete project closeout. Bridges & Structures Division As a member of the Bridges and Structures Division I was responsible for approximately $18M of heavy construction, including vehicular bridges, storm water pumping stations, sanitary pumping stations, wastewater treatment plant renovations, flood gates, water booster stations, road slide corrections, new road construction. Project Coordinator Core Resources, Inc. December 2004 to March 2005 Maintain and update PM Job books, assist in performance of due diligence by tracking and confirming delivery of proposals, review job costs of items, supplies and equipment. Estimator Pre - construction activities, maintain database of subcontractors, perform quantity take -offs, bid document review and coordination, establish scopes of work, solicit subcontractor bids, compile bids as requested by client. Estimator /Accounts Manager Construction Materials Co. September 2000 to December 2004 Estimator for the Commercial - Industrial Department including: rebar and takeoff, bidding of jobs, purchasing of materials, scheduling and coordination of deliveries to the job site. Education Northern Kentucky University, Highland Heights, Ky., BS, Construction Management/Associates Degree, Construction Technology May 2001. 1137 E Sandpiper Or. #102 Phone (480) 353 -1220 Tempe, AZ 85283 E -mail jcallen @truesdellwrp.com rj Qualifications: o Excellent project management skills. Underground wet utility estimating and project management C Able to effectively, professionally, and intelligently communicate with owners, engineers, inspectors, subcontractors, suppliers, and employees. o Track and analyze job costs. o Short-Tenn and Long -Tenn Project Scheduling Change Order Negotiation o Proficient in all Microsoft Office Programs including MS Project o Excellent Grade Checker a Operator. Excavator, Dozer, Loader, Scraper, Roller, Backhoe, act. G Truck Driving: Dump Truck, Lowboy, Side Dump, Water Truck Education Washington State University, Pullman, WA Bachelor of Arts, Business Administration, December 2003 Recipient of The Building Industry Association of Washington Scholarship, freshman and sophomore years (1999 -2001) Continued Education, Various Locations • Grantlun Construction Management Seminars, www.grantlun.com • Various Management Courses through Associated General Contractors (AGC) of Washington • HCSS Heavy Job and Heavy Bid Training Seminars (Estimating and Project Management Software), www.hcss.com Certifications, Various Locations • CSA/NFPA Certified Fire Line Installer • Key Man — Trench Safety Training • DOT /DOE Certified Erosion Control Lead —Washington State • First Aid Card Experience February 2009 — Present Truesdell Corporation Project Manager October 2007 — November 2008 Riggs Engineering Estimator — Project Manager • Estimate, acquire, and manage underground wet utility projects, ranging from $100,000 to $2,000,000. • 100% financial accountability for projects estimated and managed. • Estimated $60 Million in work; profitability managed $12 Million in 1 year. • Prepare schedules and track job costs. • Daily coordination and planning with General Superintendent to problem solve and verify schedules and budgets were being met on multiple projects. Timberline Software Package June 1994 - October 2007 Callen Construction Co. Project Manager- General Superintendent • Oversee and manage heavy civil construction projects, public and private, ranging from $100,000 to $3,000,000 (acting as both a general and a subcontractor). • Schedule, manage and coordinate day to day activities on multiple projects • Day- today management of 2 superintendents and up to 25 employees • HCSS Heavy Bid and Heavy Job Software package. • Last project was awarded 2008 AGCNVSDOT Award for Excellence in Contract Administration. • Projects consisted of, but were not limited to subdivision infrastructure up to 154 units, mass grading projects up to 250,000 yards, road construction, underground utility installation (sewer, water, stone) site work for schools, and large box stores. Grade Checker - Surveyor - Heavy Equipment Operator - Truck Driver 444 Paseo del Norte Phone 760- 739 -9911 Escondido, CA 92026 Fax 760 -525 -3850 r I Professional February 2002 — Present Truesdell Corporation of California, Inc. Fmperience Superintendent • Responsible for providing quality repair, restoration, strengthening, protection and maintenance of concrete structures, from diagnosis to final completion. • Successfully completed projects as superintendent to include: - San Diego International Airport — Structural and architectural concrete fascia repair - Naval Air Station, Coronado, CA — Pier Bravo, weapons loading pier — structural concrete repairs - Horse Mesa Dam, Arizona — Structural concrete repairs - West Mission Bay Bridge, San Diego, CA — Seismic Upgrade Retrofit - Georgia Street Bridge, City of San Diego, CA— Abutment repairs - Port of Long Beach, CA— Pier G structural concrete repairs - City of Hawthorne, CA — Seismic upgrade performed on a parking garage - Northridge, CA — Successfully epoxy injected speech and drama tower at Cal State Northridge - Oceanside, CA — Structural concrete repairs performed at Oceanside Pier - San Diego, CA — Successfully surveyed and have written repairs for structural damage to Wyndam Emerald Plaza, downtown San Diego - Have completed numerous bridge retrofits for California Department of Transportation, Ocatilla Wells, CA, San Bernardino, CA; Colton, CA December 1999 to February 2002 Able Concrete Restoration Superintendent Successfully performed scheduling, organization and maintenance of 10 projects; purchasing of company vehicles; ordering materials January 1999 to December 1999 Foreman October 1998 to December 1999 Kitson Construction Alcala Waterproofing Company Superintendent Successfully performed scheduling, organization and maintenance of 270 open contracts; purchasing of company vehicles; ordering materials December 1995 to December 1998 PDS Engineering & Construction Superintendent Administration • Time preparation for all employees, organize work and agreements between customr and contractor • Leadership and coordination of daily functions with project management team • Hire and retain the best employees possible • Monitor quality, production, and safety to ensure customers are continuously satisfied • Utilize a multitude of testing and diagnostic measures to ensure repairs meet specifications • Provide superior contracting skills, quality craftmanship, cost- effective estimates, below budget completion and on -time delivery • Excellent troubleshooting and analytical skills • Well organized and proficient with details • Excellent interpersonal and team skills • Scheduling of subcontractors Accomplishments • Graduated San Pasqual High School and Education • Chosen as all CIF defensive tackle • Played in annual Kiwanis All -Star football game • Attended one year at Palomar College, general studies • Successfully completed contract law course through Los Angeles Unified School District • Attended liquid boots vapor cooler system school • Union carpenter • Union laborer • Attended SIKA Corporation for fiber reinforcement classes and structural concrete repairs • Attend Master Builders Concrete Repair School 3308 W. Desert Cove Ave. Home (602) 548 -0027 Phoenix, AZ. 85029 Cellular (602) 721 -6933 Office #602437 -1711 Fax 9602 -037 -1821 E -mail IlnielsenQ uesdP1lwrp.wm Experience April 2005- Present Truesdell Corporation, Tempe, AZ. Superintendent Duties include coordination of crew members in regards to production. Monitoring job costs in order to work within job budget. Determining correct and most cost effective materials and procedures for specific jobs. Foreman- October 2003 -April 2005 Responsible for ensuring the quality of work performed by the crew and myself. Informing my superintendent of everything pertaining to the job and the crew. Filling out crew time sheets along with material and tool usage. Concrete Restoration Systems, Inc. Phoenix, Am Feb. 2003 - August 2003 Operations Manager- Responsible for job scheduling and material ordering for various floor coating and joint sealant system's Manage 12 employees. Responsible for change orders on current jobs and initiate the billing for each job. Met with clients to discuss the desired outcome for each job. Recreation Development Company, LLC, Las Vegas, W. Nov. 9996 -Jan. 2003 Project Manager- Responsible for estimating, supervising and managing of pools and water feature division, which includes estimating, job startup, budgeting, cost evaluations, billing, and job closeout. Oversee cost management and billing for the structural and decorative concrete division. Meet with General Contractors and Subcontractors to determine schedules and overall project budgets ITT, Salt Lake City, Utah; Computer Aided Drafting: Education 1996 Layton High School Graduated 1998 Certifications: Methacrylate Installation, Model 20 Pump Injection, 2005 Eagle Safety & Training LLC: Fall protection Training, MSHA training 2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 NON - COLLUSION AFFIDAVIT /Y State ofd er+�a ) ) SS. County of .4 j 6 �. n beiW first dulY� sworn, deposes and says that he or she is of ul' JpQ / /["oryp�g/jlyig{�LC�e�Ut!L'i e'-pMr ' making the oregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the for Being is true and correct. Y✓ _5�p� (or0o�ah �, ,? �aQ.t.�ornta, rnc. Bidder —r te U r Gture/Tit u.40- A -k, f Subscribed a1nd / sworn to /(or affirmed) before me on this 12—q ^A day of re &4e 2014 by >�S (AML �lt'A proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NANCY L ryLACKONAK Notary Kblic Notary Public• Arizona Maricops County [SEAL] MY com nimlon Expires /y SEPTEMBER 30,20+3 My Commission Expires: % 20 20 /---2,- 13 Bidders Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 DESIGNATION OF SURETIES �T111. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 14 Bidders Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Kecoro 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 Is, Current Record Record Record Record Record Yearof for for for for for Record 2010 2009 2008 2007 2006 Total 2011 No. of contracts 2 It, 6 a Total dollar Amount of Contracts (in Thousands of $ ) / No. of fatalities No. of lost Workday Cases Z No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Is, Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title rt5/ The above information was compiled from the thcords 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. a'5z Signature of bidder Date Title Signature of bidder Title 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 forth along with the County. If bidder is a partnership or joint venture, legal name of partnershipfjoint venture must be provided, followed by signatures of all of the partnersfjoint ventures or if fewer than all of the partnersfJoint ventures submit with evidence of authority to act on behalf of the partnershipfjoint 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 names 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 la✓�`�y� County of } ss. On before proved to me onRhe basis of s(Aisfactorfy' 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 taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signs re O NANCY L bli, -Arizona Notary Publk • Arizona Markopa County My Commission Eaplras SEPTEMBER 20, 201] (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 CEOICFO /COO � President I Vice - President / Secretary I Treasurer Other: Other 17 Thumbprint of Signer 9 Check here it no thumbprint or fingerprint is available. Bidders Name: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 ACKNOWLEDGEMENT OF ADDENDA 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 In CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 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: �%rl f J� r�O�GfJ /itll Business Address: A& U). 23 Telephone and Fax Number: California State Contractor's License No- and Class: (REQUIRED AT TIME O Original Date Issued: 3 11111Z Expiration Date: 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: - U v 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 I ogqu F. Cicnn n IP� t. J12r,5idsrJ15,w Ift oN� S'S S 46Z ) 7-1f11 Jrce U ?3yr- u.01 L / e&a cC % ;d�anc(� U� Dr�S de= �riaawvo �pl2�a ad Z Ts2IrY CbvO Y3% /2!, Corporation organized under the laws of the State of &, Y/u1.(a S1iC. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: --.7 wh t 19 All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: ,-r _ II 1I\ /I _ 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: 0 Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for �labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 6 J Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) vie] Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. d 5 �UV'n %u, JW/ 13idder AM me, appeared / Aa&tL GGlii&_ on the basis of satisfactory evidence within instrument and acknowledged authorized capacity(ies), and that by or the entity upon behalf of which the V (cai L - C" t (Print name of Owner or President of Corporation /Com y) onzed Signature/Title �iB9iC�tne< 1,T41e � Date/ /VQM �. �% / , Notary Public, personally who proved to me o be the person(s) whose name(s) is /are subscribed to the to me that he /she /they executed the same in his /her /their his /her /their signature(s) on the instrument the person(s), person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L Notary Vublic dn an r said State My Commission Expires: AL-[1- 21 =NA ACKOWIAK ic - Arizona County ion Expires R 20, 2013 (SEAL) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 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: C CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the Stale 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 BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 CONTRACT THIS CONTRACT FOR PUBLIC WORKS ( "Contract ") is entered into this [ 1 day of I 11 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and TRUESDELL CORPORATION OF CALIFORNIA, INC., a California corporation ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BRIDGE MAINTENANCE PROGRAM The work necessary for the completion of this contract consists of maintenance work to bridges throughout the City including detecting and repairing spalled portions of bridge deck, repairing cracks in bridge soffits and piers, repairing sidewalk and barrier rails, replacing joint seals, and making slope erosion repairs. 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. 4587, 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. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 23 Contractor accepts as full payment the sum of One Hundred Twenty -Nine Thousand, One Hundred Twenty -Nine Hundred and 00 /100 Dollars ($129,129.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et sec.). 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: Tom Sandefur (949) 644- 3312 CONTRACTOR Truesdell Corporation of California, Inc. 1310 W. 23`d Street Tempe, AZ 85282 602 - 437 -1711 602- 437 -1821 Fax INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' 24 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°/x) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 25 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. 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 26 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. 27 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. M IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: !- I ofa� Leonie Mulvihill�i Assistant City Attorney ATTEST: - 1 Date:: ��� U I �^/j^ 4i - 6o `- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH A California Municipal Corporation and Charter City A Date: Michael F. Henn Mayor CONTRACTOR: Truesdell Corporation of California, Inc. A California corporal By: pr (Corporate Officer) By: u Finan a O er) Title: Print Name: �/► �{%G/7� Date: 3 I 29 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 BOND NO, CAC62445 FAITHFUL PERFORMANCE BOND The premium charges on Ill's ; Bond is $ 1098.00 __ . being at the rate of $ 8;so per thousand of the Conlract price. WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion adopted, awarded to TRUESDELL CORPORATION OF CALIFORNIA, INC., a California corporation, hereinafter designated as the "Principal', a contract for construction of BRIDGE MAINTENANCE PROGRAM, Contract No. 4587 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. 4587 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (mutual) _ duly authorized to transact business under the laws of the State Of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty -Nine Thousand, One Hundred Twenty -Nine Hundred and 001100 Dollars ($129,129.00) lawful money of the United Stales of America, said surn 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 Prinr..ipal, or the Pr'incipal's heirs, execrtors, 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 inienl and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated. then. Surely will faithfully perform the same, in an amount not exceeding the surn specified in this Bond; olhen+,ise this obligation shall become null and void. As a part of the obligation Secured hereby, and in addition to the face aniouril specified in this Performance Bond. there shall be included costs and reasonable expenses and fees, including reasonahle altorneys fees, incurreo by the City. only in the even; the City is retl_u4 d to bring an action in law or equity against Surely to enforce: the obligations of this Bond. Surety, for value received, stipulates and agrees that no Change, extension of lime, alterations or additions to the terms of the Ccmtact or to the work io he, perform;; ^,d therr•.under or to the specifications accompanying the: same shall in any way affect ;Is obligations on [his Bond, and :30 it does hereby waive notice•, of any such change, extension of lime, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the.. 16 day of Fe rua _.,._, 2011. Truesdell Corporation of California,. _Inc. _ Bidder A i ignaturen life Merchants Bonding Company (mutual) Name of Surety 2100 Fleur Dr Des Moines, Iowa 50321 Address of Surely 602 956 7800 Telephone Autho ize Agent SI ture Jessika Gulliver, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 ACKNOWLEDGMENT S k a a a a e a e a a a... aaaaaaa.9aa.a..a... m e e e e. e a...a e a.. a e.. d a.. e a a e a a e a e e. e. n.. e a a a, State oflifa�uia��^ County of pl -.,cc j� � ss. On _ ...... _.....2..2.x!! ................ before me, L. %�i K......, Notary Public personally appeared 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!Iheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of life State of California that file foregoing paragraph is true and correct. WITNESS my hand and official seal. natu (sfwq HAPkY L MACKOMK Notary Public - Arizono Bericopa County MY Commission Expires SEPTEMBER 20,2013 ................ a...... ............................... ................... a. Y., OPTIONAL INFORMATION Date_ of Document l'ype or Tille of Document Number of Pages in Document Doa,nnont in P Foreign I_anguarfe Type of Satisfactory Evidence, Porsonally Known with Paper Identification Paper Identification Crudible Witness(es) Cap acity of Signer 17uslee. ._...... ..... Power of Attorney ............... CF.OI CFO ICOO _ President r Vice President; 5ecrelary 11 "reasurer Other Other Inlormalion" 32 _, Thumbprint of Signer L„I IiS1 frlUnll)pf eti ill Inupgilinl in ebFpleole ACKNOWLEDGMENT n.. n n....... n. nn...... n n n n... ann e¢..e..... nn n n Y...... n. n n n n. e..... n.. n...... Slate of Arizona County of Maricopa ) ss. On February _ 16,P011 before me, Al evfi f) �. _., Notary Public, personally appeared Jessika Gulliver —. __.�.:_ �._._._._._..._�.....�_.____. prove�d to me Oil the basis of satisfactory evidence to be the person(s) whose nanie(s) islare subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his /herAheir authorized capacily(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under, the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ALEXANDRA Y. VIALON NOTARY PUBLIC- ARIZONA MARICOPA COUNTY -'A I ` M Commission Ecpiros "IILA Qvembor 30, 2014 Signatu __ (seaq ..............•........ n..........•..•... n.... .....................•.... a, OPTIONAL INFORMATION Date of Doc.nnent Type or Title of Document Number of Pages in Document Document in o Foreign f_anpuage Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identirication Credible Wftnnss(es) Glpacity IA Sinner: Trustee Power of Attorney ............... CEO ! CFO ICOO PresidenU Viee-Presidenl I Secretary 1 Treasurer Outer Other ln.`orrnation- 33 Thumbprint of Signer U i'rlv({ nera it no enuubpriN a tingraunnl i, ;r.a "tIINc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 BOND NO CAC62445 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to TRUESDELL CORPORATION OF CALIFORNIA, INC., a California corporation, a hereinafter designated as the "Principal," a contract for construction of BRIDGE MAINTENANCE PROGRAM, Contract No. 4587 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract DOCIllnents 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. 4587 and the terms thereof require the furnishing of a bond, providing that s 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 j.-ork or labor done thereon of any kind, the Surely on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Merchants Bonding Company (mutual) .. ..... ... .......--- -- -.._........ duly authorized to transact business under the laws of the State of California, as Surety: (referred to herein as "Surety ") are field tfrnfy bound unto the City of Newport Beach, in the sum of One Hundred Twenty -Nine Thousand, One Hundred Twenty -Nine Hundred and 001100 Dollars ($129,129,00) lawful money of the United Slates of America, said som being equal l0 100 %a of the estimated amount payable by ilie 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 conlrasted 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 pair] over to the Employment Development Department from the wages of employees of the Principal aril subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surely will pay for the same, in an amount not exceeding the sure 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'•h^ provisions of Section 3250 of the Civil Code of the State of California. The Bond Shall inure to the bt;refit of any and all persons, companies, and rorporalions entitled to file claims under Section 3'181 of the California Civil Code so as to give a light of action to them or their assigns in any Suit brought upon [his Bond, as recurred by and in accordance with the provisions of Sections 3247 el. Seq. of the Civil Code, of the State of Califon ia. And Surely, for value received, hereby stipulates and agrees that no change, extension of lime. alterations or additions to the lerms of the Contract or to the woik to he performed thereunder or the specifications accompanying Ilse 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 Via death of any such principal shall not exonerate the Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Prinripal and Surety, on the . �6 day of __February _ 20M Truesdell Corporation of California Inc. Bidder rized SignatureRitle Oj L0lellIte Merchants Bonding Company (Jutual) Name of Surety �— 2100 Fleur Dr Des Moines, Iowa 50321 Address of Surety 602 956 7800 Telephone AuthoZee_ gent NqAtu re Jessika Gulliver, Attorney -In -Fact Print Marne and Tulle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ::ts ACKNOWLEDGMENT ➢4Bq.4...Dq 0 b q gettlM bl R...Mtlbp L 4444...... 4446 ➢ ➢ ➢.. B l ltl i 4. f 444 R 444 v 4 g b b q 444➢ 4 g q b q. State of 5�lil�9hLe County of _ �jl dr2'c.. —)Ss On C{,�?,Uj�/ ...... before Public, personally appeared proved to me on the basis of satisfactory ne . ,r7/(�h _- i1L8ie�� Notary r ' who evidence to be the person(s) whose narne(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /herltheir authorized capacity(ies), and that by hisI'herltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Ins trumuitt. I certify under PENALTY OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and correrl. WITNESS my hand and off icial seal. aouulArc Wm Arizona unty Expires I 20, 2013 (Svall ......➢g4.4oa 4 g 4 e 4 q 44q tl r b 44444 Y w 4 g q q n e q 4444 Nq➢ ➢44 q q q qq 8 n 4➢4 q q 4 . 44 a 4 q 444 q X q 4 . 4441 OPTIONAL INFORMATION Dote of DhCllMBW Type or Tille of Docimnenl Number of Pages in Document Document in a Foreign 1_anguage Tvpe of SIlisfactoryEvidence: Personally Known with Paper Ideniiflcaflon Papr�r iclerlificalion ., _..,...,_ cro'dihlr -. VVihwss(es) Capacityvf Signer f ruslee ........ Powei Of Attorney CFO I CI=O 1 G00 ProsidOnt 1 Vice• Pre: idrnt l Seartakfry I 'f' asurer Other. .......... ......... ..__ ...... .........._.._.... ....,..........._ ..... .....,... __... Other infum KTQ lhurobprim of Signer �...� 1,:11gCr. Ixfrtk d IiJ ltWnlr,l)rin; ACKNOWI— EDGMENT 99.90 ..................... 9................ ... C. A............... 9. 9...6999999, State of Arizona C01-131ty Of Maricopa. ) ss. On _ before me, ..._.__- Notary Public, personally appe.ired Jessika Gulliver 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 /shehhey executed the same in his /her /their authorized capacity(ies): and that by his / ?ter /their signatures(s) on the instalment the pemon(s), or the entity upon behalf of which the person(s) acted, executed the insiruntent. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and torrent. WITNESS my hand and official seal. ALEXANDRA Y. ViALON NOTARY PUBLIC - ARIZONA MARICO is COUNTY My Commission Exppires No9nmber30,2014 Signature (sc:nj .....9 ......... .......................9...99.. .........9............9.......1 f.)3ie of Do(minent TVpe or Title of Dnr•,ument Number of P, qes in DOCUMent Dnc. meat in a Foreign Lzinguage OPTIONAL INFORMATION ThUrribpnnt of Signer Type of Sntisfactory Evidence, Personally Known with Paper Idrntitication Paoor Idenl,ficalior Credible Witness(es) Capacity of Signer t rustet: Power of Attorney CEO I CEO 11 C(.)() .... - . President i Vice- Presiden': i Secretary; l'rcrsurer Other, Other Information. 37 [a ca,E•c.. Here �: ro rhi.vrlf?ptirt r,.r i�nt)F.rpi ulf i& i, :•d:i: dYle 1 4' , - 102FAIN ILq 1-IT613101 ° Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Jessika Gulliver of Phoenix and State of ARIZONA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surely any and all bonds, undertakings, fecognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION (520,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE ll, SECTION B - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, this 26th day of November , 2008 . O�jAq •• •z: a' 1933 : c: STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 26x11 day of November , 2008 . before me appeared Larry Taylor, to me personally known, who being by me duty swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the mid Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, lows, the day and year first above writen. ` CINDY SMYTH •° g Commission Number 173604 • My Commission Expires March 16, 2012 1 Notary Public, Polk County. Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have h=oc —In =of my hand and affixed the seal of the Company on this 16 day of February , 2011 CO,�A • z: :6'• 1933 : Cl POA 0005 (1/09) Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 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. 4587 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization ntitr vw KD iL+�J !o \ut� Dollars and -zZ Cents $ I l . o . n, Per Lump Sum 2. Lump Sum Traffic Control @twz�y'� 'C^ +ixvro Dollars and z s� Cents Per Lump Sum 3. Lump Sum Eelgrass Protection and Documentation K yoN La Dollars and z�ti> Cents Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 20 S.F. Repair Soffit Spalls T�.a "U r , oa.� @p Dollars and zee Cents Per Square Foot 5 1101 VA E: 50 L.F 100 L.F. 90 S.F 60 L.F 9. 30 L.F. Repair Cracks in Bent Per Linear Foot Remove and Reconstruct /Asphalt Transitions (5! TWLNYI -G..1,7 Dollars Dollars and 2 LR o Cents Per Linear Foot Replace Joint Seals Dollars Dollars -2- and z� r Cents Per Linear Foot Remove and Reconstruct /Asphalt Transitions (5! TWLNYI -G..1,7 Dollars Per Linear Foot $ `lc ..tc) $ Li, n:0f, 2, 5 -0o $ 1E Q1 $ LA a , $ t H -1 n nn and Cents Per Square Foot Seal Bulkhead Joints @ Dollars and -2- Cents Per Linear Foot Repair Cracks in Bulkhead @ 7-� Dollars and Cents Per Linear Foot $ `lc ..tc) $ Li, n:0f, 2, 5 -0o $ 1E Q1 $ LA a , $ t H -1 n nn PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 38,000 S.F. Sound Deck for Spalls @ ZE � Dollars and t W� Cents $ 0.02 $ — 76n.gn Per Square Foot 11. 300 S.F. Repair Deck Spalls @ N Dollars and z,=ks Cents $ `��•�� $ 21,0 .�, Per Square Foot 12. Lump Sum Clean and Paint Metal Guardrails TI o S�OJS4N✓ @ y- Q,,P_ "uN7a -co Dollars and ztx-a� Cents $ 2 �on.00 Per Lump Sum 13. 100 S.F. Remove and Replace Sidewalk Dollars and '2t�_0 -4 Cents $ 2S,00 $ Z,SOO.on Per Square Foot 14. 13,600 S.F. Seal Decks with High Molecular Weight Methacrylate Dollars and Cents $ '23, fion.o� Per Square Foot 15. 150 C.Y. Backfill Existing Erosion @ TNtir -cti Dollars and �t� Cents $ 33,no $ li, i5o on Per Cubic Yard PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Construct Drainage Pipe with Ground Cover @ Two 'CWm.iSRN7 Dollars and Z R Cents Per Lump Sum 17. Lump Sum Place Riprap �1V+7 'MyV Dollars and z� cc Cents Per Lump Sum 18. Lump Sum Maintenance and Establishment Period @ Dollars and �T-,� Cents $ 3 nnD.o� Per Lump Sum 19. 220 S.F. Repair Exposed Deck Reinforcement @ Dollars and Cents 560 .Do Per Square Foot 20. Lump Sum Replace Roadway Striping and Markers '�w6 CW�VSh.NS @ Dollars and e M Cents $ 2, Per Lump Sum 21. Lump Sum As -Built Plans @ �N� ���oR1�9 Dollars and Cents $ l o 0 0 0 Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT PR5of5 TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS VN• bk,ry 1W11W7"\—r`*\AL YWo 0%kM0 0f' HyNJ R14D —M/Vg% Dollars and 7_80.ra Cents $ IL�t 12q.nn Total Price (Figures) ME Date r 437- l7l � C1e02)W /x`21 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Bidder's email address: Bidder rized Signature and Title rte. 19Z F-s2-r2 Bidd 's Address eG /, ,/-- Iry ! /l'fi/�, nm Last saved by tsandefurl2 /22/2010 10:47 AM i:\ users \pbvAshared \wntracls \fy10 -11 \bridge maintenance program c- 4587\proposal c- 4587.doc PUBLIC WORKS DEPARTMENT 1 1 1 1 2 2 2 2 2 2 2 J R 3 3 3 3 3 4 INDEX FOR SPECIAL PROVISIONS BRIDGE MAINTENANCE PROGRAM CONTRACT NO. 4587 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -12 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 J R 3 3 3 3 3 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 11 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 11 201 -1 PORTLAND CEMENT CONCRETE 11 201 -1.1.2 Concrete Specified by Class 11 201 -2 REINFORCEMENT FOR CONCRETE 11 201 -2.2.1 Reinforcing Steel 11 201 -8 RAPID STRENGTH CONCRETE 12 201 -8.1 Rapid Strength Concrete 12 SECTION 216 SPECIAL REPAIR MATERIALS 12 216 -1 GENERAL 12 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 12 300 -1 CLEARING AND GRUBBING 12 300 -1.3 Removal and Disposal of Materials 12 300 -1.3.1 General 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 13 302 -6.6 Curing 13 302 -11 BRIDGE METHACRYLATE RESIN TREATMENT 13 302 -11.1 General 13 302 -11.2 Clean Bridge Deck 13 302 -11.3 Bridge Deck Methacrylate Resin Treatment 14 302 -11.4 Construction 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -8 REPAIRING CONCRETE BRIDGE DECK SPALL 15 303 -8.1 Identifying Spalls 15 303 -8.2 Removing Unsound Concrete 16 303 -8.3 Cleaning and Preparing Patch Area 16 303 -8.4 Applying Bonding Agent 16 303 -8.5 Placing Concrete 16 303 -9 REPAIRING EXPOSED BRIDGE DECK REBAR 16 303 -9.1 Repairing Exposed Deck Rebar 16 303 -10 REPLACING JOINT SEAL 17 303 -10.1 Replacing Bridge Abutment Joint Seal 17 303 -11 REPAIRING BULKHEAD JOINT SEAL 17 303 -11.1 Replacing Bulkhead Joint Seal 17 303 -12 REPAIRING CRACKS IN BRIDGE SOFFIT 17 303 -12.1 Repairing Cracks in Bridge Soffit 17 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 18 308 -4 PLANTING 18 308 -4.3 Layout 18 308 -4 MAINTENCANCE AND PLANT ESTABLISHMENT 18 SECTION 310 PAINTING 18 310 -5 PAINTING VARIOUS SURFACES 18 310 -5.4 Painting Metal Beam Guardrails 18 Last saved by adminsetupl2 /22/2010 11:03 AM i:\ users\pb\t^ \shared \contmets\fy 10 -11 \bridge maintenance program c4587,specs_index c4587.doc SP 1 OF 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS W A C64465 BRIDGE MAINTENANCE PROGRAM C !(off CONTRACT NO. 4587 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- 6012 -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; and (5) Caltrans Standard Specifications (May 2006). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE, Add to this section, "The work necessary for the completion of this contract consists of maintenance work to bridges throughout the City including detecting and repairing spalled portions of bridge deck, repairing cracks in bridge soffits and piers, repairing sidewalk and barrier rails, replacing joint seals, and making slope erosion repairs." 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and, if needed, 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 SP2OF18 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 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. SP3OF18 SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`° paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 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 time of completion is divided into 50 days for all work unaffected by tides and 10 days for pier and bulkhead repairs affected by tides. Pier and bulkhead working days are defined as days with the daytime low tide is MLLW 0.0 or lower. 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 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24" , (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December SP4OF18 31st falls on a Sunday, the following Monda� is a holiday. If January 1s` July 4t', 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 7:00 A.M. to 4:30 P.M. Monday through Friday. Work on 38ffi Street and Collins Island is limited to 9:00 A.M. to 3:00 P.M. to accommodate the residents. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. If the work has progressed satisfactorily, the Engineer may consider waiving the supplemental inspection costs to accommodate the Contractor's desire to work on the weekends to take advantage of low tides. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -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 SP5OF18 seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www .newportbeachca.gov /r)ublicworks 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. SP6OF18 i. Providing measures to remove any construction debris that has fallen into the water. The BMP must 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. NI all-4 I 101111501431UN ZINI V[N=111_10U1F9_1VIIIWi1 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 within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to those whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street. 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: SP7OF18 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." 5. If required, the Collins Island Bridge may be closed to through traffic between 9 a.m. and 3 p.m. if all of the residences have been notified of the closure by a supplemental notice at least seventy -two hours in advance. Such a closure shall not be permitted on trash pick -up days. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock, (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. SP8OF18 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 City - prepared construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. 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 an "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. In addition the Contractor must have experience with the methods of sounding and repairing bridge deck spalls. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. 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 "As- Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT SP9OF18 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the 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 boards, K -rail, 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 Eelgrass Protection and Documentation: Work under this item shall include all costs for the Contractor to submit dated photography of the areas of the Channel and Bay bottom above which work is expected to be performed. The photographs shall document the existence or non - existence of eelgrass before and after the work. All eelgrass impacted by the work shall be replaced at a 10:1 ratio at the Contractor's expense with no compensation from the City. Contractor shall notify the City if any eelgrass is detected in the work area prior to the start of work. Item No. 4 Repair Soffit Spalls: Work under this item shall include determining the size of spall repair, cleaning the area for spall repair, removing unsound concrete, preparing exposed rebar, supplying material for repair, performing the repair and all other work necessary to complete the repair. Item No. 5 Repair Cracks in Bent: Work under this item shall include cleaning the area for repair, preparing the area for repair, supplying material and performing the repair and all other items necessary to complete the repair. Item No. 6 Replace Joint Seals: Work under this item shall include removing existing joint seals, backer rods and loose materials, cleaning joints, applying SP 10 OF 18 appropriate adhesive, installing new backer rods and joint seals and all other items necessary to complete the work in place. Item No. 7 Remove and Reconstruct Asphalt Transitions: Work under this item shall include removing the existing asphalt transitions at Newport Island Bridge and reconstructing them with variable thickness Class C2 hot -mix asphalt to ensure a smooth approach roadway to the bridge and all other items necessary to complete the work in place. Item No. 8 Seal Bulkhead Joints: Work under this item shall include cleaning, preparing, and sealing with a waterproof epoxy the bulkhead joints under the bridge and all other items of work necessary to complete the work in place. Item No. 9 Repair Cracks in Bulkhead: Work under this item shall include cleaning the area for repair, preparing the area for repair, supplying material and performing the repair and all other items necessary to complete the repair. Item No. 10 Sound Deck for Spalls: Work under this item shall include sounding the bridge deck for spalls as specified in these Special Provisions. Item No. 11 Repair Deck Spalls: Work under this item shall include removing unsound concrete, cleaning and repairing patch area, cleaning any exposed rebar, applying anticorrosive coating to exposed rebar, applying the bonding agent, placing the patch concrete and all other items necessary to complete the work in place. Item No. 12 Clean and Paint Metal Guardrails: Work under this item shall include cleaning the existing metal guardrails, removing the existing paint, removing existing rust and corrosion, applying appropriate rust inhibiting primer and paint, and all other items necessary to complete the work in place. Item No. 13 Remove and Replace Sidewalk: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -Inch thick P.C.C. sidewalk and all other items necessary to complete the work in place. Item No. 14 Seal Decks with High Molecular Weight Methacrylate: Work under this item shall include cleaning the bridge surface, preparing the surface, applying the sealant to the deck, and all other items of work necessary to complete the work in place. Item No. 15 Backfill Existing Erosion: Work under this items shall include filling in existing erosion as shown on the plans and directed by the Engineer with structural backfill and unclassified fill, compacting the fill, and all other items of work necessary to complete the work in place. SP 11 OF 18 Item No. 16 Construct Drainage Pipe with Ground Cover: Work under this item shall include preparing subgrade, installing 8" ABS pipe and pipe anchors, installing galvanized steel end screen, as shown on plans, compacting cover, hydroseeding bare soil, and all other items necessary to complete the work in place. Item No. 17 Place Riprap: Work under this item shall include providing and installing riprap and geotextile filter material including preparing subgrade, installing geotextile, as shown on plans, and all other items necessary to complete the work in place. Item No. 18 Maintenance and Establishment Period for Slope (60 Days): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, replacement plant material, supervision and all other items necessary to maintain and establish the hydroseeded slope. Item No. 19 Repair Exposed Deck Reinforcement: Work under this item shall include preparing exposed rebar, removing adjacent concrete, repositioning rebar, replacing any failed rebar, anticorrosion coating, place concrete, and all other items necessary to complete the work in place. Item No. 20 Replace Roadway Striping and Markers: Work under this item shall include reinstalling roadway markers and thermoplastic striping damaged by the work, and all other items necessary to complete the work in place. Item No. 21 As Built Plans 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 `ZiSQi 1i];i A\ IIry "1ITIRP011111111156IiIk[e ;74111 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. Where the steel may be in contact with seawater the SP 12 OF 18 reinforcing steel shall be Epoxy coated, Grade 60 steel conforming to ASTM A 615, A775, and D3963 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -8 RAPID STRENGTH CONCRETE 201 -8.1 Rapid Strength Concrete. The Contractor shall utilize a rapid hardening concrete in order to minimize traffic downtime. Concrete shall achieve a minimum 3,000 psi strength at 4 -hrs. All repairs shall be open by to traffic by the end of the working day. The Contractor shall submit to the Engineer for approval mix data showing the water content, aggregate sizing, slump, air entraining, admixtures, opening time, and final set time. Alumina powder and high alumina concrete mixes will not be allowed. SECTION 216 - -- SPECIAL REPAIR MATERIALS 216 -1 GENERAL. All cracks, spalls, joints and bulkhead repair shall be Sika Corporation and be utilized per the product specifications and manufacturer's instructions. The Sika products to be used for this project are a follows: 1. Sikagard 62 2. Sikadur 31 3. Sikadur 33 4. Sikadur 35 5. Sikadur 52 6. Sikagrout 212 7. Sikaflex -1a 8. Sikaflex 2c NS 9. Sikatop 123 Plus 10. Sikatop 111 Plus 11. Sikament 100SC 12. Sikadur 32 Hi -Mod 13. Sika Armatec 110 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK � � y��_ \:71�[e7_lr<IZeT:i11�3I�[el 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material by hired service 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: SP 13 OF 18 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. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: 'The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength of 3,000 psi. 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." 302 -11 BRIDGE METHACRYLATE RESIN TREATMENT 302 -11.1 General. This work shall consist of cleaning the bridge deck and treating the bridge deck in conformance with the details shown o the plans, the provisions ins Section 15, "Existing Highway Facilities" of the Caltrans Standard Specifications, and these Special Provisions. 302 -11.2 Clean Bridge Deck. This work shall consist of cleaning the Portland concrete bridge deck surface as shown on the plans and as specified in these Special Provisions. SP 14 OF 18 The deck surface shall be cleaned by abrasive blasting and shall be dry when blast cleaning is performed. Traffic stripes, pavement markings, and pavement markers shall be removed during the process of cleaning the deck. Where abrasive blasting is being performed within 10 feet of a lane occupied by public traffic, the residue, including dust, shall be removed immediately after contact between the abrasive and the surface being treated. The removal shall be by a vacuum attachment operating concurrently with the abrasive blasting operation. After abrasive cleaning, loose material shall be blown from visible cracks using high pressure air, and the entire deck surface shall be cleaned by manual or power sweeping. 302 -11.3 Bridge Deck Methacrylate Resin Treatment. This work includes furnishing, testing, and application of high molecular weight methacrylate resin and sand on bridge decks as shown on the plans and as specified in these Special Provisions. Contractor shall submit to the Engineer for approval material submittals for the methacrylate, equipment for applying the methacrylate, equipment for applying the sand, Material Safety Data Sheets, and all other backing information describing the cure times, hazards, and necessary work for the material. The High Molecular Weight Methacrylate Treatment system consists of a resin, promoter, and initiator. HMWM resin must be low odor and comply with the following: Property Requirement Test Method Volatile Content 30 percent, maximum ASTM D 2369 Viscosity 25 cP, maximum, ASTM D 2196 (Brookfield RVT with UL adaptor, 50 RPM at 77° F Specific Gravity 0.90 minimum, at 77° F ASTM D 1475 Flash Point 180 °F minimum ASTM D 3278 Vapor Pressure 1.0 mm Hg, maximum, at ASTM D323 77° F Tack -Free Time 400 minutes, maximum at Specimens prepared per 25° C California Test 551 PCC Saturated 3.5 MPa, minim at 24 hours California Test 551 Surface Dry Bond and 21± 1 °C Strength Sand for abrasive sand finish must be commercial quality dry blast sand and have at least 95 percent pass a No. 8 sieve and at least 95 percent retained on the No. 20 sieve when tested per California Test 205. SP 15 OF 18 302 -11.4 Construction. Equipment used for this work shall be fitted with suitable traps, filters, drip pans, or other devices as necessary to prevent oil or other material from being deposited on the deck. A promoter /initiator system shall be capable of providing the resin gel time range shown on the Contractor's material submittal. Gel time shall be adjusted to compensate for changes in temperature throughout treatment application. Resin shall be applied by machine and by using a two -part resin system with promoted resin for one part and an initiated resin for the other part. This two -part resin system shall be combined at equal volumes to the spray bars through separate positive displacement pumps. The pump pressure at the spray bars shall not be great enough to cause appreciable atomization of the resin. Compressed air shall not be used to produce they spray. The spray bar apparatus shall be enclosed in a shroud. Manual application shall be limited to five gallons mixed at any one time. The resin shall be distributed by squeegees and brooms within 10 minutes of application. Barriers, railing, joints, curbs, gutters, and other areas not specifically called out for resin application shall be protected from contamination. The deck surfaces to be treated shall be completely covered with resin so the resin penetrates and fills all crack. Resin shall be applied within 5 minutes of mixing. A significant increase in resin viscosity or other degradation of resin quality shall be cause for rejection. Excess material shall be redistributed by squeegees or brooms within 10 minutes after application. For grooved decks, excess material shall be removed from grooves to preserve texture. Traffic will not be allowed onto the treated portion of the deck until the Engineer has determined the surface is dry and the resin has set properly. Should a portion of deck be rejected, the Contractor shall remove the rejected portion by blasting. The Engineer will provide for a coefficient of friction test to be performed on the deck in conformance with California Test 342 or approved equal. The minimum coefficient of friction on the completed deck is 0.35. If the coefficient is less than 0.35, the Contractor shall submit a plan for modification or replacement of rejected deck treatment. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -8 REPAIRING CONCRETE BRIDGE DECK SPALL 303 -8.1 Identifying Spalls. Contractor is required to provide an appropriate method for identifying spalls. Sounding of unsound concrete can be accomplished by the following methods: chain drag, steel rod, or hammer blows. All soundings are to be SP 16 OF 18 done in the presence of the City Inspector and all area that demonstrate unsound concrete are to be clearly marked. Once the preliminary unsound area is marked out, the removal area, which will extend 2" into sound concrete on all sides of the unsound concrete shall be marked. The final areas to be removed shall be as close to rectangular as possible. 303 -8.2 Removing Unsound Concrete. Contractor is required to remove all concrete within the boundaries marked for removal. The area for removal shall first be saw cut. Removal shall start from the center and proceed to the edges. Deteriorated concrete is to be removed down to 1 inch from the reinforcing steel. All mechanically driven hammers must be nominal 45 pound class or less. The maximum angle of operation is 45- degrees. 303 -8.3 Cleaning and Preparing Patch Area. Contractor is required to ensure that the patch area is clean, dry, and free of debris. Any grease, oil, water, or other material that may hamper the bonding of the patch to the existing concrete must be cleaned. Any blasting equipment must be equipped with functional debris and oil traps. 303 -8.4 Applying Bonding Agent. Prior to applying the concrete, Contractor is required to apply an epoxy bonding agent to the clean, dry hole. Epoxy agent shall be mixed and applied to manufacturer's specifications. 303 -8.5 Placing Concrete. Place concrete only when environmental conditions are appropriate. Concrete should be placed only when the atmospheric temperature is greater than 55 degrees F. High frequency internal vibrators should be used at a slight angle to perpendicular. Hand tools may be used for very small patch areas. The concrete should be finished to be level with the existing bridge deck. The patch should also be textured to match the existing adjacent deck. 303 -9 REPAIRING EXPOSED BRIDGE DECK REBAR 303 -9.1 Repairing Exposed Deck Rebar. Contractor is required to provide an appropriate method for repairing the exposed deck rebar as shown on the Plans. The method shall conform generally to the following: 1. Concrete around exposed rebar shall be removed without damaging existing rebar. The size of removal area shall be sufficient to allow the rebar to be repositioned without damaging the reinforcement but not less than 12" on each end of the exposed rebar. 2. Once sufficient concrete has been removed the reinforcement shall be repositioned in the created space. If the rebar does not stay in position for the concrete pour, it may be tied to a bar below it or '/" stainless steel U- straps embedded and epoxyed a minimum of three inches into sound concrete may be used. 3. All exposed concrete shall have an anticorrosion coating (approved by the Engineer) applied. SP 17 OF 18 4. Prior to applying the concrete, Contractor is required to apply an epoxy bonding agent to the clean, dry hole. Epoxy agent shall be mixed and applied to manufacturer's specifications. 5. Place concrete only when environmental conditions are appropriate. Concrete should be placed only when the atmospheric temperature is greater than 55 degrees F. High frequency internal vibrators should be used at a slight angle to perpendicular. Hand tools may be used for very small patch areas. The concrete should be finished to be level with the existing bridge deck. The patch should also be textured to match the existing adjacent deck. 303 -10 REPLACING JOINT SEAL 303 -10.1 Replacing Bridge Abutment Joint Seal. Contractor shall replace the existing joint seal as shown on the Plans. The existing seal is to be removed, the joint cleaned and any interfering debris removed. The new seal shall be as shown on the Plans and shall conform to the CALTRANS requirements as shown in CALTRANS Standard Specifications 51- 1.12F(1) and 51- 1.12F(3)(b). 303 -11 REPAIRING BULKHEAD JOINT SEAL 303 -11.1 Replacing Bulkhead Joint Seal. Contractor shall replace the existing bulkhead joint seal as shown on the Plans. The existing seal is to be removed, the joint cleaned and any interfering debris removed. Sealant repair shall be used where the existing sealant is cracked, split or missing. The old sealant shall be removed and the backing material between the joint surfaces shall be replaced as necessary. Construction surfaces shall be sufficiently roughed up prior to applying repair material. The new sealant shall be polyurethane based weather resistant sealant designed to water tight against a hydrostatic head pressure and flexible over the life of the bulkhead such as Sikagard 62 and Sikaflex -2C NS. 303 -12 REPAIRING CRACKS IN BRIDGE SOFFIT 303 -12.1 Repairing Cracks in Bridge Soffit. Cracks less than 1/2" shall have all dirt, oil, grease and other bond inhibiting material removed by mechanical means or by compressed air. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Setting port device over cracks, place Sikadur 31/33 over cracks and around each injection port at minimum of 1" wide by '/" thick. Allow sufficient time for epoxy resin adhesive cap seal to set before injecting. Once the cap seal has cured, inject Sikadur 35/52 with steady pressure. Cracks greater than '/2" shall have all dirt, oil grease and other bond inhibiting material removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Place grout in forms to avoid air entrapment. Sikagrout 212 must be confined in either the horizontal or vertical direction leaving minimum exposed surface. After grout has achieved final set remove forms. Sikaflex - 1A or Sikaflex -2C NS shall be used as sealant. Sealant depth should range from 'W to '/2' per Sika Corporation specifications. SP 18 OF 18 SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -4 PLANTING 308 -4.3 Layout Contractor shall submit a native seed mix for City approval. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT. After all planting is completed, the Contractor shall schedule a meeting with the City Inspector to approve the planting and begin the 60 calendar day maintenance period. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.4 Painting Metal Beam Guardrails. Add to this section: "Metal guardrail shall be prepared and painted in standard grey with two coats of paint and two coats of primer designed for the marine environment. Contractor shall supply sample of color for approval prior to ordering any materials. Full compensation for painting the guardrails shall be included in the Bid Item." I:\ Users \PBW\Shared \Contracts \FY10 -11 \Bridge Maintenance Program C- 4587 \SPECS C- 4587.doc CERTIFICATE OF INSURANCE CHECKLIST Cory of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/23/2011 Dept. /Contact Received From: Date Completed: 3/24/2011 Sent lo: Shari By: Joel Company /Person required to have certificate: Truesdell Corporation of California. Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Phoenix Insurance Co. B. AM BEST RATING (A- : VII or greater): A +; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes F_1 No �X D. LIMITS (Must be $1M or greater): What is limit provided? SI,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not aoply to Waste Haulers) Yes OX No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F_Xj 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 O No X] 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 IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Charter Oak Fire Ins. Co, B. AM BEST RATING (A-: VII or greater) A +; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No 0 D. LIMITS (Must be $11M 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 Ir No j 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. New Acord wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Seabright Ins. Co. B. AM BEST RATING (A-: VII or greater): ,4 ;.IX C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No C HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Entlorsemeni !L T3 j4 03 98: 30 days ArOC for nom enemal included Nonadmitted co viers need risk man er annrornl Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach March 24. 2011 Requires approval /exception /waiver by Risk Management Comments: Appro ed: Risk Managemen Dale S) C7, C) Date Yes OX No B &B initials OP ID: NL CERTIFICATE OF LIABILITY INSURANCE Onr02 /161 02116!11 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 endomement(s). PRODUCER 480- 820.4040 Webb & Greer Ins Agency, Inc. 480- 730 -1191 301 W Warner Rd #113 Tempe, AZ 85284 Benjamin A. Greer, CIC, CPCU INSURED Truesdell Corporation of California Inc 1310 W. 23rd Street Tempe, AZ 85282 -1837 COVERAGES CERTIFICATE NUMBER- _ _NSaE�.RJSj AFFOROING COVERAGE,_ NAIC k INSURER A: Phoenix Ins CO 25623 INSURER B: Charter Oak Fire Ins Co _25615 INSURER c: Navigator Ins Co 42307 INsuRERO: Seabriaht Ins Co 15563 RFVI.SION NIIMRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD SUER POLICY NUMBER POLICY EFF MMIOD UYYYYI1 POLICY EXP (MM1DD1YYYYI " -- LIMBS A GENERAL LIABUTY X COMMERCIALGENERM- UASIUTY CLQMS5 MADE M OCCUR PO Deductible X Box 17 Newport Newport Beaea ch, CA 92658 -6915 0943C7811ND10 11101/10 11(01111 EACH OCCURRENCE S 1,000,00 PREMISES E�5 cc 5 $00,00 NED EXP IMY pre person) S 5,00 PERSONAL &ADV INJURY IS 1,000,00 5,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: O- POLICY X PR LOC _ PRODUCTS- COMFlIOP AGG $ 2,000,00 - -- S B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON- OWNEDAUTOS 8100943C781TIL10 11101110 11101111 COMBINED SINGLE LIMIT (EaacddenB 5 1,000,00 X BODILY INJURY (Per person) 5 BODILY INJURY (Peraadtlem) 5 PROPERTY DAMAGE (Per arridere S S S C X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS-MADE 81 00 94 3 0781 TIL10 111101110 11101111 EACH OCCURRENCE S 10,000,00 AGGREGATE S 10,000,00 FX DEDUCTIBLE RETENTION S 10,000 S I S D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPWETORd'ARTNERIE %ECUINE YIN OFFICERM.EMSER EXCLUDED? IMandrtary in NMI If yes, dOSOHbe under DESCRIPTION OF OPERATIONS below NIA X BB1101502 ' 07126110 07126111 X WC STATL- OTH- E.L EACH ACaDENr S 1,000,00 E.L. DISEASE-EAEMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPnONOFOPE nONSILOCAnONSIVEHICLES(Attach ACORDIOI,AddW..WRe mark .SChedule.1f...spemisn:qu1mdl Re: Bridge maintenance Program Contract No. 4587. City of Newport Beach, CA & its elected or appointed officers, agents, officials, employyees and volunteers are additional insured for general liability per CGD246 8105, coverage is primary .& non -contributory. Waiver of abrogation applies to workers com ensatlon per WC000313. Early Notice of Cancellation per ILT354. CERTIFICATF HOI DFR CANCFI I ATION CITYN14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CI Of Newport Beach, CA LY P ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept Attn: Tom Sandefur AUTHORIZED REPRESENTATIVE Box 17 Newport Newport Beaea ch, CA 92658 -6915 !lur.,✓ n U/ -__ , ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP ID: NL CERTIFICATE OF LIABILITY INSURANCE DATE 021116//11 YYI ovlsnl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSIIRERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the PRODUCER 480- 820 -4040 Webb & Greer Ins Agency, Inc. 480- 730 -1191 301 W Wenner Rd #113 Tempe, AZ 85284 Benjamin A. Greer, CIC, CPCU , „.TRUES -1 INSURERI51 AFFORDING COVERAGE _ _ INSURED Truesdell Corporation _INSURER A: One Beacon Insurance Company_ 21970 _ of California Inc _INSURER B; 1310 W. 23rd Street INSURER C Tempe, AZ 85282 -1837 -- INSURER B INSURER E: INSURER F- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR LT TYPE TYPE OF INSURANCE ADO SUB POLICY NUMBER MM0DYEFF MMMD POLICYEXP LIMBS GENERAL LIABILITY COAIMERCUN. GENERAL UABRJTY ICLAIMS.MAOE ❑OCCUR EACH OCCURRENCE 5 PREMISES EA oramence S MEDE%P(Anyeneperson) Is PERSONAL &ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE POLICY OMIT APPLIES PER: PRO- LOC PRODUCTS- COMP /OP AGG $ S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNEDAUTOS ' COMBINED SINGLE LIMIT (Eaawdum) S BODILY INJURY (Per person) S BODILY INJURY (Per amdenU $ PROPERTY DAMAGE (Per acddieu 5 S $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DEDUCTIBLE RETENTION S S 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIE )(ECUIIVE ❑ OPFICERIMEMBER EXCLUDED? (Mandatory in NHl If yes, desai0e under DESCRIPTIDN OF OPERATIONS below NIA INC STATD- OTF} CRY f SIR E.L. EACH ACCIDEW S EL. DISEASE - EA EMPLOYEE E E.L. DISEASE - POLICY LIMIT I $ A Builders Risk Replacement Costs 790009456 00011 03/08111 05106111 Limh 129,12 Deduct 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Arisen ACORD 101, AddlUonal Bpmarks Schedule, If more span Is rtyuimd) Re: Bridge maintenance Program Contract No. 4587. CITYN14 City of Newport Beach, CA Public Works Dept Attn: Tom Sandefur PO Box 1768 Newport Beach, CA 92656 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE a /Oz� ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b} If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise eomp(v with all policy conditions- d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance' available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. S. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury' and "property damage' oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 POLICY# 0943C781IND10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury", and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualifv as an additional insured with respect to the independent ads or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the 'written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or 'personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the 'products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or 'property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the Dolic_v obriod, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance", whether primary. excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still Is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as predicable of an 'occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. CMM Page 1 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. THE PREMIUM CHARGE FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE PREMIUM DEVELOPED IN Arizona, BUT NOT LESS THAN $500 POLICY MINIMUM PREMIUM. This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated. (The Information below is required onlywhen this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 7/26/10 Insured The Truesdell Corporation Insurance Company SeaBright WC 00 03 13 (Ed. 4 -84) Policy No. 861101502 Insurance Company Copyright 1983 National Council on Compensation Insurance. Endorsement No. Policy Effective Date 7/26/10 Countersigned By POLICY NUMBER: 0943C781 INDIO ISSUE DATE: 2/16/11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - EARLIER NOTICE OF This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: WHEN WE DO NOT RENEW (Nonrenewal): NAME: City of Newport Beach, CA Public Work Dept ADDRESS: PO Box 1768 Newport Beach, CA 92658 -8915 A. Ll SCHEDULE Number of Days Notice: 30 Number of Days Notice: 30 For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance. or as amended by any applicable state cancellation endorsement applicable to this insurance, is in- creased to the number of days shown in the SCHEDULE above. For any statutorily permitted reason other than nonpayment of premium, the number of days re- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any applicable stale When We Do Not Renew (Nonrenewal) endorsement applicable to this in- surance, is increased to the number of days shown in the SCHEDULE above. C. We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice at least the Num- ber of Days indicated above before the effective date to our action. IL T3 54 03 98 Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 EWPO CITY OF ;A ' NEWPORT BEACH MR 08 1Uti Qv�`P City Councii Staff Report kgenda item NG. - 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: Tom Sandefur, P.E. t— APPROVED: &-Vf A TITLE: BRIDGE MAINTENANCE PROGRAM - AWARD OF CONTRACT NO. 4587 ABSTRACT: As part of staff on -going efforts to maintain the City infrastructure, periodic maintenance and repairs are necessary. This project will repair deck spalls, cracks in columns, and other minor deficiencies on seven city owned bridges. Staff has now received construction bids for the Bridge Maintenance Project and is requesting City Council's approval to award the work to Truesdell Corporation. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4587 to Truesdell Corporation for the Total Bid Price of $129,129.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $13,000.00 (approximately 10 %) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: The current adopted CIP 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 Gas Tax 7181- C2001010 $ 143.629.00 Total: $ 143,629.00 Bridge Maintenance Program - Award of Contract No. 4587 March 08, 2011 Page 2 Proposed uses are as follows: Vendor Purpose Amount Truesdell Corporation Construction Contract $ 129,129.00 Truesdell Corporation Construction Contingency $ 13,000.00 Various Construction Support, Printing & $ 1,500.00 Incidentals Total: $ 143,629.00 DISCUSSION: At 10:00 A.M. on February 3, 2011 the City Clerk opened and read the following two bids for this project: TOTAL BID AMOUNT $129,129.00 $147,670.00 $154,000.00 $155,133.00 $161,586.00 $188,300.00 $189,693.00 $197,141.00 $223,320.00 The low total bid amount is 37% lower than the Engineer's Estimate of $203,900.00. The low bidder, Truesdell Corporation possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Truesdell Corporations' references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of maintenance work to bridges throughout the City including detecting and repairing spalled portions of bridge deck, repairing cracks in bridge soffits and piers, repairing sidewalk and barrier rails, replacing joint seals, and making slope erosion repairs. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, - BIDDER Low Truesdell Corporation 2nd O'Donnell Construction, Inc. 3`d R.J. Bullard Construction, Inc. 4th Slater Waterproofing, Inc. 5th Peterson -Chase 6th Southland Construction 7th Pointer Enterprises, Inc. 81h Ace Restoration gth Atlas Engineering TOTAL BID AMOUNT $129,129.00 $147,670.00 $154,000.00 $155,133.00 $161,586.00 $188,300.00 $189,693.00 $197,141.00 $223,320.00 The low total bid amount is 37% lower than the Engineer's Estimate of $203,900.00. The low bidder, Truesdell Corporation possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Truesdell Corporations' references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of maintenance work to bridges throughout the City including detecting and repairing spalled portions of bridge deck, repairing cracks in bridge soffits and piers, repairing sidewalk and barrier rails, replacing joint seals, and making slope erosion repairs. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, Bridge Maintenance Program - Award of Contract No. 4587 March 08, 2011 Page 3 California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. nal drNr.:res 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 any businesses and residents within, or in close proximity to the project limits advising them of the pending work. Submitted by: Director Attachments: A. Location Maps LOCATION MAP 38TH STREET OVER RIVO ALTO CONTRACT NO. 4587 O� �T O PROJEC LOCATION co O� F O LOCATION MAP UNIVERSITY DRIVE OVER BONITA CREEK CHANNEL CONTRACT NO. 4587 T PROJECT LOCATION -�_ J� O� � J O O JFF � itl i -_ _-