HomeMy WebLinkAboutC-5030 - Contract for the Improvement of Public Works for Storm Drain Improvements at Eastbluff Community and Galaxy DriveCONTRACT FOR THE IMPROVEMENT OF PUBLIC WORKS
WITH REPIPE - CALIFORNIA, INC. FOR
STORM DRAIN IMPROVEMENTS AT EASTBLUFF COMMUNITY AND GALAXY
DRIVE
THIS CONTRACT FOR IMPn�ROVEMENT�O PUBLIC WORKS ( "Contract') is
made and entered into as of this -F-G � day of c ui WN 2011, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and REPIPE-
CALIFORNIA, INC., a California Corporation ( "Contractor ") whose principal place of
business is 5525 E. Gibraltar Street, Ontario, CA 91764 and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City plans to clean and inspect the existing storm drain system, install structural
pipe lining within existing storm drain system, and repair of damaged pipes within
the Eastbluff Community and Galaxy Drive.
C. City desires to engage Contractor to perform Storm Drain Improvements at
Eastbluff Community and Galaxy Drive ( "Project').
D. City has solicited and received a proposal from Contractor and desires to retain
Contractor to render services under the terms and conditions set forth in this
Contract.
E. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Contract
over a period of 25 business days commencing on November 7, 2011 or upon
issuance of the "Notice to Proceed."
NOW, THEREFORE, City and Contractor agree as follows:
1. : TERM
The term of this Contract shall commence on the above written date and shall
terminate on March 31, 2012 unless terminated earlier as provided for herein.
2. • SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. As such, Contractor shall perform all
the worts as described in the Request for Proposals dated September 14, 2011 ( "RFP "),
all attached hereto as Exibit "A" and incorporated herein by this reference (the "Work" or
"Services "). As a material inducement to the City entering into this Contract, Contractor
represents and warrants that Contractor is a provider of first class Work and Contractor
is experienced in performing the Work contemplated herein and, in light of such status
and experience, Contractor covenants that it shall follow the highest professional
standards in performing the Work required hereunder and that all materials will be of
good quality. For purposes of this Contract, the phrase "highest professional standards"
shall mean those standards of practice recognized by one or more first -class firms
performing similar work under similar circumstances.
2.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, equipment and all utility
and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of services under this Contract
and Contractor shall complete the Work within 25 business from the date of issuance of
the "Notice to Proceed." Failure to complete the work in the time allotted may result in
termination of the Contract by City
3.2 The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail to complete the Work called
for in this Contract within 25 business from the date of issuance of the Notice to
Proceed, Contractor agrees to the deduction of liquidated damages in the sum of Five
Hundred Dollars and no /100 ($500.00) for each business day beyond the date
scheduled for completion.
4. COMPENSATION
As full compensation for the performance and completion of the Project as
required by the Scope of Work, in accordance with the provisions of this Section and the
Proposal, attached hereto as Exhibit "B ", City shall pay to Contractor and Contractor
accepts as full payment the sum of One Hundred Six Thousand, Nine Hundred Thirty-
Five Dollars and no /100 ($106,935.00). Contractor shall not receive any additional
compensation unless approved in advance by the City's Project Administrator (as
defined below in Section 6) in writing. The City shall make full payment to Contractor no
later than thirty (30) days after acceptance of Work by City.
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times
during the term of the Contract. Contractor has designated Mike Espinosa to be its
Project Manager. Contractor shall not remove or reassign the Project Manager without
the prior written consent of City. City's approval shall not be unreasonably withheld.
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6. ADMINISTRATION
This Contract shall be administered by the Public Works Department. Peter
Tauscher, Junior Civil Engineer or his designee shall be the Project Administrator and
shall have the authority to act for City under this Contract. The Project Administrator or
his authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Contract.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials and equipment as
described in Exhibits "A" and "B" in performing Services under this Contract. Any
deviation from the materials or equipment described in Exhibit "A" and "B" shall not be
utilized unless approved in advance by the Project Administrator.
7.2 Contractor shall comply with the terms and conditions of the Scope of
Work.
7.3 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Contract, and that it will perform all Services in a manner
commensurate with Highest Professional Standards. All Services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
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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).
8.4 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
8.6 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.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and means
of conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
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10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
12. INSURANCE
12.1 Without limiting Contractor's indemnification of City, and g_rior 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.
12.2 Coverage and Limit Requirements.
12.2.1 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' 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.
12.2.2 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.
12.2.3 Automobile Liability. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
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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.
12.2.4 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.
12.3 Other Insurance Provisions.
12.3.1 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.
12.3.2 General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
12.3.2.1 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 perforated 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.
12.3.2.2 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.
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12.3.2.2 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.
12.3.3 Acceptable Insurers. All insurance policies shall be issued
by an insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide, unless otherwise approved by the
City's Risk Manager.
12.3.4 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
thirty (30) days written notice to City of cancellation or nonrenewal, except for
nonpayment for which ten (10) days notice is required.
12.3.5 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.
12.3.6 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.
12.3.7 Waiver. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss. Contractor hereby
waives its own right of recovery against City, and shall require similar written express
waivers and insurance clauses from each of its subcontractors.
12.3.8 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.
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12.3.9 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.
12.3.10 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.
12.3.11 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.
12.3.12 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 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 (5) days
of the expiration of the coverages.
13. BONDING
13.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract: a Labor and Materials Payment Bond in the amount of one
hundred percent (100 %) of the total amount to be paid Contractor as set forth in this
Contract and in the form attached hereto as Exhibit "C" which is incorporated herein by
this reference; and a Faithful Performance Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth in this Contract in the form
attached hereto as Exhibit "D" which is incorporated herein by this reference.
13.2 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, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a 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.
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13.3 The Contractor shall deliver, concurrently with execution of this Contract, the
Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in
the State of California.
14. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Contract shall be paid to all workmen employed on the Work to
be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain
the wage determinations from the Department of Industrial Relations and post at the job
site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or
any subcontractor under him /her to comply with all State of California labor laws, rules
and regulations and the parties agree that the City shall not be liable for any violation
thereof.
15. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the Work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any Work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
16. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
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17. CONFLICTS OF INTEREST
17.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
17.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold harmless City
for any and all claims for damages resulting from Contractor's violation of this Section.
18. NOTICES
18.1 All notices, demands, requests or approvals to be given under the terms of
this Contract shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Peter Tauscher, Project Administrator
Public Works Department
City of Newport Beach
PO Box 1768
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3316
Fax: (949) 644 -3318
E -mail: ptauscher @newportbeachca.gov
18.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attention: Mike Espinosa
RePipe- California, Inc.
5525 E. Gibraltar Street
Ontario, CA 91764
Phone: (909) 291 -4050
Fax: (909) 291 -4070
E -mail: tlyon @teamipr.com
19. 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
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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 (Govt. Code §§ 900 et seq.).
20. TERMINATION
20.1 In the event that either party fails or refuses to perform any of the
provisions of this Contract at the time and in the manner required, that party shall be
deemed in default in the performance of this Contract. If such default is not cured within
a period of two (2) calendar days, or if more than two (2) calendar days are reasonably
required to cure the default and the defaulting party fails to give adequate assurance of
due performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non - defaulting party may terminate the Contract forthwith by giving to the defaulting
party written notice thereof.
20.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Contract.
21. RECORDS
Contractor shall keep records and invoices in connection with the Work to be
performed under this Contract. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Contract. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, documents, proceedings and activities
related to the Contract for a period of three (3) years from the date of final payment to
Contractor under this Contract.
22. STANDARD PROVISIONS
22.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
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entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
22.2 Waiver. A waiver by City of any term, covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
22.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be held to vary the provisions herein.
22.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Exhibits attached hereto, the terms of
this Contract shall govern.
22.5 Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
22.6 Effect of Contractor's Execution. Execution of this Contract 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 taken into
consideration these factors in submitting its Project Proposal and Scope of Work.
22.7 Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
22.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
22.10 Interpretation. The terms of this Contract shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Contract or any other rule of
construction which might otherwise apply.
22.11 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
22.12 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
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22.13 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed
on the dates written below.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Date: 12� 0, tl1
By: f
Leone Mulvihill C
Assistant City Attorney I \;A
ATTEST -
Date:
Date: b
Date:
Byz
ei a6i l.v8r6wn
City Clerk
�A
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 21 is
By: G., tLA k
Da Kiff
City Manager
CONSULTANT: REPIPE-CALIFORNIA,
INC., a California Corporation
Date: 11-1 I -I
By:2�/
Date:
By:
C -hie# F -i aeeiaa-0#a�er- �}�SISfG �'r S�CVt fail
Attachments: Exhibit A - Scope of Work
Exhibit B - Proposal
Exhibit C - Labor and Materials Payment Bond
Exhibit D - Faithful Performance Bond
RePipe-California, Inc.
Page 14 of 23
EXHIBIT A
SCOPE OF WORK
Item No. 1 Mobilization: Work under this item shall include, but not limited to, the
cost of all labor, equipment, and material for mobilization, providing bonds, insurance
and financing, obtaining an equipment and material storage site, site preparations to
accommodate improvements, preparing and updating construction schedule, providing
submittals, attending all construction meetings, demobilization, completing all reporting
documents, and all other related work as required by the Contract Documents.
Item No. 2 Traffic Control: Work under this item shall include, but not limited to,
the cost of all labor, equipment, and material for delivering all required notifications,
posting signs and notifying residents and businesses. In addition, this item includes
preparing traffic control plans and providing the traffic control required by the project
including, but not limited to, signs, cones, barricades, flashing arrow sign, temporary
striping, flag persons. 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 Cleaning and Preliminary Inspection of Existing 18 -inch and 27 -inch
CMP Storm Drain, Including CCTV Inspection: Work under this item shall include, but
not limited to, providing all the necessary equipment, materials and labor to perform the
preliminary cleaning or clearing and television inspection per Greenbook Section 500-
1.1.5. The City has provided bidding contractors the most recent CCTV inspections for
their review.
Item No. 4 Install Cured -In -Place Pipe Lining within Existing 18 -inch CMP Storm
Drain (Eastbluff Community): Work under this item shall include, but not limited to,
furnishing and installing all pipe lining materials, bypassing of existing storm drain, all
required material testing, restoring all connections, removing all obstructions, post -
installation television inspection and all other work necessary to install the pipe complete
in place per Greenbook Section 500 -1.4.
Item No. 5 Install Cured -In -Place Pipe Lining within Existing 27 -inch CMP Storm
Drain (Eastbluff Community): Work under this item shall include, but not limited to,
furnishing and installing all pipe lining materials, bypassing of existing storm drain, all
required material testing, restoring all connections, removing all obstructions, post -
installation television inspection and all other work necessary to install the pipe complete
in place per Greenbook Section 500 -1.4.
Item No. 6 Install Cured -In -Place Pipe Lining within Existing 18 -inch CMP Storm
Drain (Galaxy Drive): Work under this item shall include, but not limited to, furnishing
and installing all pipe lining materials, bypassing of existing storm drain, all required
material testing, restoring all connections, removing all obstructions, post - installation
television inspection and all other work necessary to install the pipe complete in place
per Greenbook Section 500 -1.4. This item may be removed in the contract at the City's
discretion and no compensation shall be made.
Item No. 7 Repair 18 -inch CMP Storm Drain Pipe "Point Repairs" as directed by
the Engineer (Eastbluff Community): Work under this item shall include, but not limited
to, furnishing and installing all pipe material for Engineer directed -point repairs,
including pavement removal, exposing utilities in advance of pipe excavation operations,
trenching, shoring, bracing, temporary patching or trench plates, controlling ground and
surface water, compacting bedding and backfill, potholing of all existing facilities,
connecting to existing facilities, removing roots, protecting of interfering portions of
existing utilities or improvements, supporting temporary and permanent utilities,
disposing excess excavation materials, and protecting any trees near the repair.
Contractor shall make point repairs per Greenbook Section 500 -1.2.
Item No. 8 Storm Drain Catch Basin Rehabilitation as directed by the Engineer
(Galaxy Drive): Work under this item shall include, but not limited to, furnishing and
installing all material for storm water catch basin repairs, including cleaning and
preparing cracks, sealing cracks from infiltration, resurfacing the basin structure,
controlling ground and surface water, connecting to existing facilities, removing or
protecting of interfering portions of existing utilities or improvements, supporting
temporary and permanent utilities, disposing of excess materials, replacing all surface
improvements, and protecting any landscaping. The catch basin shall be rehabilitated
per Greenbook Section 500 -2.
Inc.
EXHIBIT B
PROPOSAL
Inc.
of 23
<:
PROPOSAL
STORM DRAIN IMPROVEMENT. PROJECT
INFORMAL CONTRACT NO. 4935
Peter Tauscher
City of Newport Beach
Public Works Department .
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
The "undersigned declares that he /she has carefully examined the location of the work, has
read the letter to the Contractor, has examined the. Location Map and understands the
proposed work, and hereby proposes to furnish all materials except that material supplied by
the "City. and shall perform all work required to complete Informal Contract No. 4935 in
accordance with the provisions, and will take in full payment therefore .the :following unit prices
for the work, complete in place, to wit:
ITEM
QUANTITY
AND UNIT
ITEM: DESCRIPTION AND UNIT UNIT
PRICE WRITTEN IN WORDS PRICE.
TOTAL
PRICE
1.
Lump Sum
..Mobilization
TNRCE TNe�sw� Dollars
and
2 exc Cents
$
3 ,000 • o0
Per Lump Sum
2.
Lump Sum ".
"Traffic Control
) Five aam & yo Dollars
and
Z eRO:. Cents .
$
500. oa
Lump Sum
3.
Lump Sum
Cleaning and Preliminary.
Inspection of Existing'18 -1 nch"
and 27 -inch CMP Storm Drains,
Including CCTV
Inspection/Review
@ F- teiroi lux*" : Dollars
Tw w.a+sn R and
2 eRo Cents
$
I I , 3 So • o0
Lump Sum
ZeRO Cents
Per Each
8, t EA. Storm Drain Catch Basin
Rehabilitation as directed by
the Engineer (Galaxy Drive)
@S&vr-N'TUovstNt .Dollars
and
ZE�to Cents
Per Each
$ 000.00 $ 7000. o0
PR2of3
ITEM QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
4. 165 L.F.
Install Cured -In -Place Pipe
Lining within Existing 18 -inch
CMP Storm Drain (Eastbluff
Community)
@�Ie r[.weeeorw�nry Dollars
Fve and
Z6ao Cents
$ 125-00
$ 2.0,&25. a
Per Linear Foot
5.: 220 L.F.
Install Cured -In -Place Pipe
Lining within Existing 27-inch
CMP Storm Drain (Eastbluff
Community)
@oA►Iyweizao sr,nyat"r Dollars
and
zeRo Cents
$ 168.00
$ 10(00 -6 0
Per Linear Foot
6. 220 L.F.
Install Cured4n -Place Pipe
Lining within Existing-18 -inch
CMP Storm Drain (Galaxy
Drive)
@2(je iioaroecorw art Dollars
rll�l and
Zeac Cents
$ 12S.00
$ 2 7 $oo.00
Per Linear Foot
7. 1 EA.
R air 1Zint m
Drai 1rs" as
�rW%VG-
directe r
Eastblu
w N ollars
ZeRO Cents
Per Each
8, t EA. Storm Drain Catch Basin
Rehabilitation as directed by
the Engineer (Galaxy Drive)
@S&vr-N'TUovstNt .Dollars
and
ZE�to Cents
Per Each
$ 000.00 $ 7000. o0
PR3of3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
TOTAL PRICE IN WRITTEN WORDS
one i°1u�woaEd'... s;x tj�- ,, ",o
e� Dollars
and zero Cents $ 4"42-4� fi lot, 9.3
nn Total Price (Figures)
9/26//! (GE PIPC- CAC FF*e N,A! YNC.
Date,--el! S5 Z - 010{1 Bidder
9°9)291- y05o o o �- �"� Assarn.,FfezwrEriay
9 7
Contractor's Telephone and Fax Numbers Contractor's Authorized Signature and Title
8143o3 A Sszs E. 6I4AA6rYL2 Sr. On/raelo.CA 91 ?6y
Contractor's License No(s). Contractor's Address
and Classification(s)
Contractor's email address: .ti Li +e0.wi iep.. ccnN
LOCATION MAP
NOT TO SCALE
STORM DRAIN IMPROVEMENT PROJECT
CONTRACT NO. 4935
p, 18 -INCH CMP IA �� PS� CM \oQ,
ero "06 f i N N •�01
t� L 111 N 1 114 Qo
O rG.l N `Q a
\ S1 I LLI N w D cs �2
3044
N ro uQ c'g
"�0� �00�. �9 - t p S6
a i u9 gS0
LOCATION 1: EASTBLUFF COMMUNITY (TWO LOCATIONS)
1936: :' Q STORM DRAIN MANHOLE!
ACCESS POINTS
tY 0 STORM DRAIN MANHOLE/
la 1930 ' STRUCTURE REPAIR
LOCATION
-- -� °- UPPER \ STORM DRAIN
r :1924 NEWPORT REPAIR LOCATION
X 8 -INCH CMP BAY
EXISTING STORM
1918 DRAIN PIPE
L\ LEGEND
1912
LOCATION 2: 1930 GALAXY DRIVE, WESTCLIFF COMMUNITY
THE AMERICAN INSTITUTE OF ARCHITECTS
AfA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT VVE RePive- Califamia, Inc.
5525 E. Gibraltar St. Ontario CA 91764
as Principal, hereinafter called the Principal, and Arch Insurance Company
3 Parkway Philadelphia PA 19102
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach
3300 Newport Blvd Newport Beach CA 92658
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid
Dollars ($ 10"/0 ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Informal Contract For Storm Drain Improvement Project (C4935),
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
C
23rd
day of September 1 2011
7----
TWVfA0%
Insurance
AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY ]970 EA • THE AMEBIC
INSTrrUTE OF ARCHITECTS, IM N.Y. AVE., N.W., WASHINGTON, D.C. 20006
SEAL`�`•.0
EXHIBIT C
CITY OF NEWPORT BEACH
BOND NO. SU 111 3508
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
REPIPE-CALIFORNIA, INC. hereinafter designated as the "Principal," a contract for the
STORM DRAIN IMPROVEMENT PROJECT located at EASTBLUFF COMMUNITY
AND GALAXY DRIVE, in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the work agreed to be done, or
for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
Arch Insurance company, 3 Parkway, Philadelphia, PA 19102 duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One
Hundred Six Thousand, Nine Hundred Thirty -Five DOLLARS AND NO1100
($106,935.00) lawful money of the United States of America, said sum being equal to
100% of the estimated amount payable by the City of Newport Beach under the terms of
the Contract; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, incase suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as
required by the provisions of Section 3250 of the Civil Code of the State of California.
EXHIBIT C
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 3181 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 3247 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the I 1'-Pj- day of UNVAK- , 2011.
RePipe-California, Inc.
Name of Contractor (Principal)
Arch Insurance Company
Name of Surety
3 Parkway, Philadelphia, PA 19102
Address of Surety
215/606/1600
Telephone
7!��M zvrceP
Authorized Signature/Title
Auth� rized Agent Signature
Joann Dombrowski, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTA CHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County /of I JkZ
On ((W/
Date
personally appeared
CIVIL CODE § 1189
before me, ottwan /4p-/ "
H Insert Name and Title of the Officer
Name( of Signer
YVONNE MCLELLAN
Commission #� 1798268
Notary Public • California i
San Bernardino County
M Comm. Ex fres May 16, 2012
who proved to me on the basis of satisfactory
evidence to be the person(y) whose name(o is/a/e
subscribed to the within instrument and acknowledged
to me that he/so#ey executed the same in
his/*/tl/eir authorized capacity(iee14., and that by
his/h#toir signature�,s`) on the instrument the
person or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: Ucl((V,�tm
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual CS
ElPartner — 71Limited ElGeneral Top of thu7here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
ACKNOWLEDGMENT
State of California
County of }ss.
On before me, Notary
Public, personally appeared
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized 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.
certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
ACKNOWLEDGMENT
State of California
County of Iss.
On before me,
Public, personally appeared
,who
Notary
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(sca:)
Surety Acknowledgement
State of Connecticut
County of Litchfield
On this 9t" day of November, 2011 before me personally appeared
Joann Dombrowski
To me know, who being by me duly sworn did depose and say that
he/she is the
Attorney -in -Fact of
Arch Insurance Company
The Corporation described in and which executed the above
instrument; that he/she knows the seal of said Corporation and that
he/she signed his/her name thereto by like order.
TARY
Lary Public: Jessica Le Piccirillo Myrom3p 2 I(es
June
G
My Commission Expires: June 30, 2015
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Russell M. Canterbury, Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT (EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit:
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such .bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time
The execution of such bonds and undertakings in pursuance of these presents, 'shall be as binding upon the. said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri:
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to -by
the undersigned Secretary as being. in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated- in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and 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; and any such
officers of the Company may appoint agents for acceptance of process,"
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Hoard, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on. any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
Page 1 of 2 Printed in U.S.A.
ARCH INSURANCE COMPANY
STATEMENT OF FINANCIAL CONDITION
December 31, 2010
Assets
Cash in Banks
Bonds owned
Stocks
Premiums in course of collection
Accrued interest and other assets
Total Assets
Liabilities
Reserve for losses and adjustment expenses
Reserve for unearned premiums
Ceded reinsurance premiums payable
Amounts withheld or retained by company for account of others
Reserve for taxes, expenses and other liabilities
Total Liabilities
Surplus as regards policyholders
Total Surplus and Liabilities
By: Attest
Senior Vice President, Chief
Financial Officer and Treasurer
State of New York }
SS
County of Nassau )
$ 89,745,338
1,055,658,067
367,171,766
146,978, 596
268,448,878
$ 1,928,002,645
$ 681,380,653
139,311,239
92,726,263
143,242,640
255,558,983
1, 312, 219, 778
615, 782, 867
$ 1,928,002,645
k" 4—,—:
enior Vi President, Secretary
nd Gen ral Counsel
Thomas James Ahern and Martin John Nilsen, being duly sworn, say that they are
Senior Vice President and Chief Financial Officer and Secretary, respectively, of
ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct
statement of financial condition of said company, as of December 31, 2010.
Subscribed and sworn to before me, this IV' day of March, 2011
Notary Public � �`��
��—� BRYAN D. KOHLBECKER
ID #2403903
NOTARY MjBucOFNWjffW
W ftywalm Exp m 1ngo16
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE N4 08157
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California,
Arch Insurance Company
Of Missouri , organized under the
laws of Missouri subject to its Articles of Incorporation or
otherfundamental organizational documents, is hereby authorized to transact within the State, subject to
all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Liability, Workers' Compensation,
Common Carrier Liability, Boiler and Machinery, Burglary,
Team and Vehicle, Automobile, and Aircraft
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made
under authority of the laws of the State of California as long as such laws or requirements are in effect
and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 15 th
day of_ December 2005 , I have hereunto
set my hand and caused my official seal to be affixed this
15th day of December 2005
John Garamendi
G aranc amissioner
By
Patricia K. Staggs
for Richard D. Baum )&T,*
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly
after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be
grounds for revoking this Certificate of Authority pursuant to the eonvenants made in the application therefor and the
conditions contained herein.
FORM C"
OSP GO 39387
CITY OF NEWPORT BEACH
BOND NO. SU 111 3508
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,604.00
being at the rate of $ 15._00 per thousand of the Contract
price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
REPIPE-CALIFORNIA, INC. hereinafter designated as the "Principal," a contract for the
STORM DRAIN IMPROVEMENT PROJECT located at EASTBLUFF COMMUNITY
AND GALAXY DRIVE in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Contract.
NOW, THEREFORE, we, the Principal, and Arch Insurance Company
, 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 SIX THOUSAND, NINE HUNDRED
THIRTY-FIVE DOLLARS AND NO/100 ($106,935.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, only in the
EXHIBIT D
event the City is required to bring an action in law or equity against Surety to enforce
the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the ill' day of �,�i)1��iVi{'k(L , 2011
RePipe-California, Inc.
Name of Contractor (Principal)
Arch Insurance Company
Name of Surety
3 Parkway, Philadelphia, PA 19102
Address of Surety
215/606-1600
Telephone
�6�2 1\lic.e Pis.
Authorized Signature/Title
Jw-t I
Au orized Agent Signature
Joann Dombrowski, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of �L U l Y ` 1���
On I ` — before me,
Date
personally appeared
WONNE MCLELLAN
Commission # 1798268
Notary Public - California v
San Bernardino County
M Comm. Expires May 16, 2012
HMrt Name anc
Name(s) of Signer(4
Title of the Officer
CIVIL CODE § 1189
who proved to me on the basis of satisfactory
evidence to be the person( whose name) is/
subscribed to the within instrument and acknowledged
to me that he/slk/thy executed the same in
his/hor/thp'ir authorized capacity(iQ611 and that by
his4r/toir signaturejl on the instrument the
person(; or the entity upon behalf of which the
personX acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: 0a, eaG�
OPTIONAL
Place Notary Seal Above LSignature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer— Title(s):
❑ Individual
❑ Partner — C Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association - NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
ACKNOWLEDGMENT
State of California
County of )SS.
On before me, ,
Notary Public, personally appeared
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized 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.
1 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
3:�' 0
Signature (seal)
ACKNOWLEDGMENT
State of California
County of }ss.
On before
Notary Public, personally appeared
me,
,who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Surety Acknowledgement
State of Connecticut
County of Litchfield
On this 91h day of November, 2011 before me personally appeared
Joann Dombrowski
To me know, who being by me duly sworn did depose and say that
he/she is the
Attorney -in -Fact of
Arch Insurance Company
The Corporation described in and which executed the above
instrument; that he/she knows the seal of said Corporation and that
he/she signed his/her name thereto by like order.
otary Public: Jessica L. Piccirillo
M June 30, 2 l5 s
PUgLNG
My Commission Expires: June 30, 2015 :
�annect��
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company") does hereby appoint
Russell M. Canterbury, Joann Dombrowski, Marion R. Vail and Susan E. Deak of Farmington, CT (EACH)
-its true and lawful Attemey(syln-Fact, tO make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the some obligation to be split into two or more bonds in order to bring each. such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents. 'shall be as binding upon the. said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by
regularly elected officers at its principal office in Kansas City, Missouri: