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HomeMy WebLinkAboutC-4966 - Various Storm Drain Improvement ProjectsNEWPORT BEACH OF THE CITY Leilanf I. Brown, MMC September 26, 2013 Mr. Raffle Yeremian R.Y. Engineering Works, Inc. P.O. Box 4181 Burbank, CA 91503 Subject: Various Storm Drain Improvement Projects — C4966 Dear Mr, Yeremian: On September 11, 2012, 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 65 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 26, 2012. Reference No. 2011000565328. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2147981. Enclosed is the Faithful Performance Bond. Sincerely, 04"a -rte 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.newportbeachca.gov (I of 3 Originals) City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECT+ THE FINAL. PREMIUM IS Contract No. 4966 PREDICATED ON THE 2147481 FINAL CONTRACT PRICE BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,613.00 being at the rete of $ 30.001 st $100k & $18.75 Balance thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.Y. Engineering Works, Inc., hereinafter designated as the "Pdncw, a cxx ftd for c onsbuction of VARIOUS STORM DRAIN IMPROVEMENT PROJECTS, Contract No. 4966 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. 4966 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty insurance Company 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are heli and firmly bound unto the City of Newport Beach, in the sum of One Hundred ElghtySix Thousand Twelve and SM00 Dollars ($186,012.60) 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 presenL THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principers heirs, executors, administrators, successors, or assigns, fail to abide by, and wall 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 it* 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 Beads, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This f=aithful 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 Bona. IN WITNESS WHEREOF, this instrument has been ly xecuted by the Principal and Surety above named, on the 23rd day of March /►t�I%% Engineering •(Principal)��*I�• ).• r North American Specialty Insurance Company Name of Surety 681 S. Parker Street, #130, Orange, CA 92868 Address of Surety 714-550-7799 Telephone Randy Spohn, Attorney -*Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Rn, ACKNOWLEDGMENT •RIIYIIYt YRttYRRtYYYRRRYII!/t RtYt YYYY Ms... (YYYY YY YYY YYMPMORYtY YYY YYYYYY use Masses State of California County of `orf etas On 4tk fd" i`+ , z.okx. before me, Public, personally appeared VAIP�c Notary proved to me on the basis of satisfactory evidence to be the personb* whose name(`4 Isla', subscribed to the within instrument and acknowledged to me that helsktgtt executed the same in his/he 'itleir authorized capacky(ft),and that by hislhwAheir signhat reaW on the instrument the persorilskor the entity upon behalf of which the person(s�qted, 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. (see]) ■YYYY\Yl11YYYYY:RIYIIY•YYYYYYYYY1YYtlfIYYYYYYYYY YlYY11RYYY\IYY YYYYYYIYYYIYYIYYRl1 OPTIONAL INFORMATION 1. ♦i Y Y, . - 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 CEOICF01CO6 _ President I Vice -President I Secretary i Treasurer Other. Other Information: 31 ❑ check Ikm s no thumbprint ftserprint Is WSW& ACKNOWLEDGMENT one* ...DOWN womb. *.11men *Sam YY..Y.. women ..YYY.....O.am. No" was . awe ....YO.......f... State of California County of ss. On before me, Public, personally appeared proved to me on the basis of satisfactory evidence to be the perso subscribed to the within instrument and acknowledged to me that same in histherAheir authorized capakdty(ies), and that by histhen; instrument the person(s), or the entity upon behalf of which the per. Instrument. / I certify under PENALTY OF PERJURY under the laws of foregoing paragraph Is true and correct. 1 WITNESS my hand and official seal. Signature .................r......,,,,, INFORMA77ON Date of Document Number of Pages in Document Document in a Foreign Lals; go Type of SatisfactoryEvld Personally KnowryWh Paper identification Paper Identificat —Credibley es) Capacity of Signer. _ Trustee _ Power of Attorney CEO / CFO ICOO President / Vice -President) Secretary / Treasurer Other Other Information: 32 Notary who v se name(s) islare efthey executed the sig s) on the acted, executed the State of California that the ("8n Thumbpdnt of Signer ❑ cmdc here U m thmft*d or * orprw Is a Wulft. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the taws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS' JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and dcliver, for and on its behalf and as its act and deed, bonds or other writings. obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regutatiom contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power ofAttomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 2e of March, 2000: `RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President,, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of tbern hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or fitcsimile seal shall be binding upon the Company when so affixed and in the future with regard to any hand, undertaking or contract of surety to which it is attached." C�Poq'f tlangf 2:e By Sal SEAL- Steven P. Andenoq Prnfdeot&ChlnrIIaecutive Officer of WnsMlnplw btenatiaod lnnrence Cnmpaoy fie(,,.{++ $fie"• 3{'6 1973 & Somor Vire Pasitea of Nortb Amaaleon SpaWiy rnrwance"Mfow 4i r By Hoeft M. Layman, Sects" Via PawGea aWaehagaon Mm modal femnoce CompnnY & Na Paafaoni of Nonh Ameriran Spedelt, I..a Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th day of September , 2011 l North American Specialty Insurance Company Washington Iaternational Insurance Company Slate of Illinois County of Cook ss: On this 15th day of _September , 21f+! I , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International insurance Company and Vice President of North American Specialty. Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFEMSEEEAL DJLLMDAN IWARYNKC-111ARaputttat8 n. larY D. Jill etso No Public wedtYtllanthtlA�i.NiWt2 1, James A. nter , the duty elected Assistant Seerctary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23 day of Much , 20 12 Arm tames A. Cerpema, Virg PresiEmt & AaRiStnM gnaaary of Washingron tmemetlond msmann Campmy& NoM American Spnriaay insuma Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of before me, ERIKA GUIDO, NOTARY PUBLIC, Tersonally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sl a/they executed the same in his/Mer/them authorized capacity {+es), and that by his/Mer/theif signature() 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. a ERIKA GUIDO WITNESS my h d and official seal. COMM. k 1843731 I NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY ^' IMy comm. expires May S. 2013 t Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED T ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) T OFFICE OF THE CITY CLERK Leilani I, Brown, MMC December 12, 2012 Mr. Raffie Yeremian R.Y. Engineering Works, Inc. P.O. Box 4181 Burbank, CA 91503 Subject: Various Storm Drain Improvement Projects - C-4966 Dear Mr. Yeremian: On March 13, 2012, 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 26, 2012, Reference No. 2011000565328. The Surety for the bond is North American Specialty Insurance Company and the bond number is 2147981. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport. Boulevard - Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 • www.city.newport-beach.ca.us (I of 3 Originals) Premium: Included on Performance Bondi City of Newport Beach Contract No. 4966 BOND NO. 2147981 [t1Z�77E. i7 t-'if_>!t1 �:7T�>Fei7l'�Tl�f i-Ti7: i�] WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.Y. Engineering Works, Inc., hereinafter designated as the `Principal," a contract for construction of VARIOUS STORM DRAIN IMPROVEMENT PROJECTS, Contract No. 4966 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4966 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, North American Specialty Insurance Company 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 Eighty-six Thousand Twelve and 501100 Dollars {$986,012.50} lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves; our heirs, executors and administrators, successors, or assigns, jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that N the Principal or the Principal's subcontractors, fall 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 specked in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3981 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been Principal and Surety, on the 23rd day of March �lE, "tt"Ytct�t� R.Y. Engineering Works, Inc. (Principal) North American Specialty Insurance Company Name of Surety 681 S. Parker Street, # 130, Orange, CA 92868 Address of Surety 714-550-7799 Telephone Randy Spohn, Attom Print Name executed by the above named _, 2012. Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9j ACKNOWLEDGMENT .00 No a.....+u ewasl;IY.....AC.see.eYa..a eeo Ytw.....**"*a e e sem 0 a a."ee roe u.e.eallr State of California County of Leh }ss, On kayu, before me, tl Abt-c,L, Pere --z. Notary Public, personalty appeared ; 4- �4 ert �t ., proved to me on the basis of satisfactory evidence to be the person( whose name(s)_islafq subscribed to the within instrument and acknowledged to me that heJ etthey executed the same in his/hImAheir authorized capactty(%Q, and that by hislto-rAheir signature*aj 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 seat. Signature saaseeaseaasaaaaa:+ea..+. •. raaesaa.a+riassea+a..aasaasasaee. saeaasa+a.eeaeaaae. OPTIONALINFORMA17ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personalty Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer. Trustee —" Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 35 Thumbprint of Signer Q Choc: bare it no thumbprint or flngerprint Is available. ACKNOWLEDGMENT Nrll earllMeeae MaeaeiAe... 011aa eaata eR a.lRlasa/eu..*sore$*. a. eaau ueseeeeeuaee so, State of California County of ) ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the pers (s) whose name{s) is/are subscribed to the within instrument and acknowledged to met t he/she/they executed the same in his/her/their authorized capacity(ies), and that by hi erftheir signatures(s) on the instrument the person(s), or the entity upon behalf of whicht persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature •u.u.$us.. ue..u. eeeau*ea. r* Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known wt aper Identification Paper Identification Credible Witness( ) of the State of California that the (seaq •aaeee*a*oaeea.oaee aAo..eeee... .e.e Me... r, Capacity of Signer: Trustee Power of Atiomey CEO / CFO / COO President f Vice -President / Secretary f Treasurer Other: Other information: 36 Thumbprint of Signer p cheek hens tr no thumbprint orfingerprint Is availabte. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY its true and lawful Anorncy(a)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS 'Phis Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24"h of March, 2000: -RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President; any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such. Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.' \\tnlatamgnii a 6,,•.. A 0gtl":gsc 67' 3SEAL. n= Steven P.Anderson, Predtlem&Chief Exeeuave Olnmr of Washington lneenatimml IMuraoccCompany.A�� -en &Senior Vlcn Pr sddemof Korth Amerlean Speeialty'Imurance Campany O Jif h vv, atr 'O'N'ON Nd\ 110 /!/i/Utt11I1a4a\d\ BY David M. Layman, Sudor Vice President of Washiminm Imernationat Inmrence Campany & Mee President.MY h American Sgeeiaay NamamO Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 15th _day of September 2011 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss' On this 12th day of September 2011 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington l ncrustional Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Viae President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to he the voluntary act and deed of their respective companies. 0JILL NELSM SEAL r h •1 e �,n.� 2 D. Jilt elson,NotaryPublic I, James A Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a tmc and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in foil force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23 day of March , 20 12 at. " 4 James A. Carpenter. Vice President & Assistant Se May of Wa^hmmon Imema mmd Insurance Campany & Nom: American S;Om,ehy Insuxanw Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA of before me, ERIKA GUIDO, NOTARY PUBLIC, appeared RANDY SPOHN I ® 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/#ger/their authorized capacity (jes), and that by his/der/theif signature($) 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. 0ERIKA GUIDo It COMM, 1643731 WITNESS my�nd and official seal. NoTARy pu6uc CAuwRNiA ORANGE COUNTY ^' 6 comm. expires May 5, 2 -013 -it 1n7 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING; NAME OF PERSON(S) OR ENTITY(IES) F*.1A*i i 2101Z]DI& aCIA*147+IsId/}314ZkI m" � 6Vl.i 16 r GG.--ab,Kl 4UMrJ 'I ffi'IH�b'Y 0'121 taro M: R, Y. Engin LLO <Aring WorKm� �nC. 12/30/2012 01:58 7384657ALLAMERICAN PAGE 02/02 To: City of Newport Beach -City ClerWs Office „, r -, 4 € r; ', n. 8 You are hereby notified that the undersigned claimant releases that certain Stop .Paymen#-Notice dated 10124/2012 in the amountof$32,000.00 against City of Newport Beach as owner or, public body and Ry Engineering Works, Inc. as prime contractor in connection with the work of improvement known as various storm Grain improvements -Contract #4966 in fir, city of Newport Beach County of Orange State of California. Date: 11/30/12 Name of Claimant: All Arpefican Asphalt By: Shirley R. pence VER,IFTCATION I, the undersigned, state: I am the Credit Manager ofthe claimant named in the foregoing ,Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify Haat the same: is true of my own knowledge. I certify (or declare) under,penalty of perjury under the laws ofthe State of California, that the foregoing is true and correct. November 30, 2012 Corona Executed on _-- , at st,w o f California Hate_ t _ Copies Sent To: __ ro: aaso a or a 11/30/2012 01:58 7394657 ,CCN e7`AV07 2oa 2--+2-�n aa:sv:2� (cen'r> �a�aas�av 2z prom: sz.v. ��g�n®s..�3„®worxa. i��. ALLAMERIGAN PAGE 01/02 UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (CALIFORNIA CIVIL CODE SECTION 81.38, EFFECTIVE JULY 1, 2012) NOTICE TO CLAIMANT: TIM$ DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CON131TIONAL WAIVER AND RELEASE FORM. Iden*InR Information Name of Clamant: All American Asphalt Name of Customer: R.X. Engineering Worlcs.,,.I,nc. Job Location: Various Storm Drain Improvement Proiects C#4966° Newport Hills/Port I3ar Newport Beach. CA Owner: City of Newport Beach Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on his job, Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is sighed by the claimant, are waived and released by this document, unless listed as an Exception below, The claimant has been paid in full. Exceptions This document does not affect the following: Disputed claims for extras ' e amou of: Signature Claimant's Signatu Claimant's Title: Credit Mazza er Date of Signature. 11/29/12 Stop Payment C"'� CALIFORNIA CIVIL CODE SE Mo NOTICE TO: efrGt l . (If Private Job- Pile i spo e officer or person at office or br c] d 6 b construction funds or with the owner - CIVIL CODE SECTIONS 8500 - (If Public Job - file with office of controller, auditor, or other public disht7�F under provisions of the contract -CIVIL CODE SECTIONS 9350 - 9510 G e)c'. -)S Prime Contractor: IWYi>t Sub Contractor: (If Any): Owner or Public Body: t, , State of California. My „r, n__ if n n1 .., furnished certain labor, service, equipment or materials used in the above .,anic ohne person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is TheU''nd of labor, sej`''ce, eq ' fent, qL atenals furnished or agreed to be furnished by claimant was: 7 /ice, Total value of labor, service, equipment, or materials agree to be furnished. . $ Total value of labor, service, equipment, or materials actually furnished is .................. $r� Credit for materials returned, if any ...... $ ®O Amount paid on account, if any..................................................................... $ -'O Amount due after deducting all just credits and offsets .......................................... $ '?a? • (�� YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimarns demand in the amount of $ZO/M/7 0n and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) /S 11/07" attached. (Bond required with Stop Payment Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs). Date: //)-,2 Name of Claimant: 0A. I;,- tT ✓ ##y't7tr1 IL"ti (kV VERT ityl" ffieturn signed, state: I am the W ,, �` of the claimant named in the foregoing Stop aaymenmen t Notice, I have read said claim of Stop Payment Notic know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the ftntgotng is Erne anZIcorrect. Executed on &� Y "/01- , at State of California. (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. 'This information must be provided by you under Civil Code Section 8538. Signed: Stop Payment Notice CALIFORNIA CIVIL CODE SECTION 8044 NIED NOTICE TO: t t f f> I %r tt i r'o (If Private Job- Filywit]Aespons' le officer or person at office or branch of construct304iMrT6in t ng e construction funds or with the owner - CIVIL CODE SECTIONS 8500 - 8560) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose'duty rt(is to make payments under provisions of the contract -CIVIL CODE SECTIONS 9350 - 9510) r rr Prime Contractor: Sub Contractor: (If An; Owner or Public Body: County off �'4170P _ State of California. � I7 //f7YYJ%NlJ&1IAlo /-/- Claimant, a furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is The bind oflabor, service, equipn{ent, or materials/furnished or agreed to be furnished by claimant was: Total value of labor, service, equipment, or to be furnished., . ............. Total value of labor, service, equipment, or materials actually furnished is .................. $ :�Arq ,v Credit for materials returned, if any................................................................ $ —O Amount paid on account, if any. .............. --- ....... ......... ........ $ ®O Amount due after deducting all just credits and offsets, . ................... $ YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ , Z?/�1 /J, (I0 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) IS NI) 7- attached. (Bond required with Stop Payment Notice served on construction Iender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs). Date: X/)-„2 >/`-&, L Name of Claimant: 0 kyIlt1I I, the undersigned, state: I am the 7 J �_'/- of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice-andknow the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. L Executed on i y/ (�� /�% �� 2/�/� , at7/i%Cl/ State of California. REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Section 8538. Signed: Recorded in Official records, Orange County DaIY, Clerk-Record rcor NO FEE II III I III I !III � � II RECORDING REQUESTED BY AND $ 8 0 0 0 5 1 8 5 8 4 9$ WHEN RECORDED RETURN TO?Q12 OCT -52*4H1 0,Q 65328 2:25 pm 09126112 City Clerk "E0.00 OF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Newport Beach ^""^" 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.Y. Engineering Works, Inc. of Burbank, CA, as Contractor, entered into a Contract on March 13, 2012. Said Contract set forth certain improvements, as follows: Various Storm Drain Improvements - C-4966 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. BY 1 Public `JVotks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on U 'o"' I� �/, at Newport Beach, California. a 9F ¢ BY�¢ City Clerk � lilt to ,i; <• g, 0 OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC September 12, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Bristol Street North Landscape Improvements — C-4301 • Fashion Island Area Streets Overlay and Slurry — C-4813 • Various Storm drain improvement Project — C-4966 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, A Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.city.newport-beaeh.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and R.Y. Engineering Works, Inc. of Burbank, CA, as Contractor, entered into a Contract on March 13, 2012. Said Contract set forth certain improvements, as follows: Various Storm Drain Improvements - C-4966 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. BY Public Wo ks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on l)�v' Ut v at Newport Beach, California. BY City Cler CITY OF , NEWPORT BEACH Em,..,.._.s City Council Staff Report Agenda Item No. 6 September 11, 2012 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., Associate Civil Engineer APPROVED: ti v TITLE: Various Storm Drain Improvements - Notice of Completion and Acceptance of Contract No. 4966 ABSTRACT: On March 13, 2012, City Council awarded Contract No. 4966 - Various Storm Drain Improvements to RY Engineering Works, Inc., for a total contract cost of $186,012.50 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance 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 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7012-C2502011 $ 209,200.25 Total Construction Cost: $ 209,200.25 Various Storm Drain Improvements - Notice of Completion and Acceptance of Contract No. 4966 September 11, 2012 Page 2 all -:Til IM1i1?R Overall Contract Cost/Time Summary The work completed for this contract consisted of: • Installing perforated subdrain and related structures and connecting to existing storm drain system on Newport Hills Drive. • Repaving the street area affected by the subdrain construction. • Installing a new grate catch basin in the vicinity of 227 Bayside Drive and connecting to an existing storm drain. • Installing a Stormtech detention basin at 32nd Street and Seashore Drive. 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: $ 186,012.50 Actual cost of bid items constructed: $188,659.50 Contract change orders: Final contract cost: $ 20,540.75 $ 209,200.25 The final contract cost was 12.5% above the original contract amount. There were two change orders totaling $20,540.75. One change order replaced an existing storm drain grate for a "bicycle friendly" storm drain grate on Bayside Drive. The second change order provided for additional paving on Newport Hills Drive West. The constant inundation of water in the subgrade of the street resulted in greater than anticipated pavement failures along the length of the subdrain trench. In order to provide an acceptable finished product, the area of pavement rehabilitation was expanded from trench width to half the street. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: November 11, 2012 Project Awarded for Construction: March 13, 2012 Completion Date from Award with Approved Extensions: August 6, 2012 Actual Substantial Construction Completion Date: August 2, 2012 Contract Time Contract Award Final Cost at Benchmark Actual Time Under (-) Amount Completion Target Contract (days) or Overt) $186,012.50 $209,200.25 15% or less 12.5% 45 -2 The work completed for this contract consisted of: • Installing perforated subdrain and related structures and connecting to existing storm drain system on Newport Hills Drive. • Repaving the street area affected by the subdrain construction. • Installing a new grate catch basin in the vicinity of 227 Bayside Drive and connecting to an existing storm drain. • Installing a Stormtech detention basin at 32nd Street and Seashore Drive. 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: $ 186,012.50 Actual cost of bid items constructed: $188,659.50 Contract change orders: Final contract cost: $ 20,540.75 $ 209,200.25 The final contract cost was 12.5% above the original contract amount. There were two change orders totaling $20,540.75. One change order replaced an existing storm drain grate for a "bicycle friendly" storm drain grate on Bayside Drive. The second change order provided for additional paving on Newport Hills Drive West. The constant inundation of water in the subgrade of the street resulted in greater than anticipated pavement failures along the length of the subdrain trench. In order to provide an acceptable finished product, the area of pavement rehabilitation was expanded from trench width to half the street. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: November 11, 2012 Project Awarded for Construction: March 13, 2012 Completion Date from Award with Approved Extensions: August 6, 2012 Actual Substantial Construction Completion Date: August 2, 2012 Various Storm Drain Improvements - Notice of Completion and Acceptance of Contract No. 4966 September 11, 2092 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: Attachments: A. Location Maps AM VARIOUS STORM DRAIN IMPROVEMENT PROJECTS l� i PROJECT LOCATION, O CITY NA < L 32ND STREE7 s04 <�y ITvt_I_Ll1_L_i_l � �7 L TIF _ T 32ND STREET AND SEASHORE DRIVE LOCATION MAP VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO.4966 C T O, PROJECT LOCATION-------��%�� \ BAYSIDE DRIVE LOCATION MAP VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO,4966 NEWPORT HILLS DRIVE WEST R. Y. ENGINEERING WORKS, INC. CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 AM on the 14th day of February, 2012, at which time such bids shall be opened and read for VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Title of Project Contract No. 4966 $ 225,000.00 Engineer's Estimate A roved y T*,�r-Stephen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Tom Sandefur, Proiect Manager at (949) 644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.Newi)ortBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 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........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 R. Y. ENGINEERING WORKS, INC. City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit.a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 R. Y. ENGINEERING WORKS, INC. 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. X5659 A Contractor's License No. & Classification R. Y. ENGINEEM WORKS, INC. Bidder Date City of Newport Beach Bid Bond No. RYENG-092 VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to.be jointly and several held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of len percent of total amount Bid Dollars ($.107, of Bid * - ), to be paid and forfeited to the City of Newport" Beach if the bid proposal of the undersigned Prind-ne! for the construction of VARIOUS .STORM DRAIN IMPROVEMENT PROJECTS, Contract :No. 4966 In. the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the forms) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of %otocation of Award", otherwise this obligation shall become null and void. * amount If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9 da) R.Y. Engineering.W orks, Inc. tdeune3ef ., - r North American Specialty Insurance Company Warm^ 8 681 S. Parker Street Suite 130 Orange, CA 92868 V.ft 714-550-7799 ]'efepiione Matthew R. Dob ns Attorne in act nt08.M ei¢dittie QNotary acknowledgment of Itf*9JQU;6I,fi.Altt &,must ba.attached) 5 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each floes hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both Nonh American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or arty of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and ail contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such :Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which it is attached." stmuo pLITYr'�4 �4 `�Q`,%UTY By SlaNq(� 3' ?c =W.T 1879 Ip O 7 y Sl v . P.Andenuq PrmW,m & Chief E. ,ee .Nv Omeerof \Vvshingmn lmerna,invai I... Compa.. & senior Vim PTOden, of Nonh A merican Spm1311Y Insurvnee CnmPany SEAL" o' yNANPS �sO� 1'�dOn mumaloo By O.,ld Al. Lav,.an. senior Vim Pm dmi or Wnhinr,on Inmrna,ionar in, m. Company & Vice PmM&.rof North Amerimn Sp mlty Insumnee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1I o�h day of September 40 I I North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: September On this I 51 day of Se p . 20I � . beforeme, a Notary Public personally appeared Steven P. Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument. to be the voluntary act and deed of their respective companies. P ARYRISM -STATE OF 6AhY015 Any IOB0lP8tEMOM2 D. Jilt Nelson, Notary Public 1, James A. Carpenter . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power orAttorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of February , 20 12 Imncs A. C.Temep Viu W.Wd ,&Asoa,en, SecremryofWashinynon In,emmional Insurance CnmO:mY& Nonh American Specialty Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On February 9, 2012 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sHe/t" executed the same in his/HeF/theiF authorized capacity (ies), and that by his/4eF/tkeif signaturefs) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. yyq ERIKA GUIDO N COMM. # 1843731 NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY rog My comm. expires May 5, 2013 IQ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. re of Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE 5 1169 State of California County ofS On 2 -7 - Wit 2- before me, /�/}w �s�baa•C'47 14//j Date Here Insan Name ana o the 011icer personally appeared ..................................... .......... ......................... � MARY GARABEDIAN !n COMM. # 1959495 �• NOIARr PUBLIC - CALIFORNIA y > - `• LOS ANGELES COUNTY y My Comm. Expires Nov 19, 2,014 Place Notary Seal Ahove I,=a who proved to me on the basis .of satisfactory evidence to be the person(s) whose name(s) is* subscribed to the within instrument and acknowledged to rne, that he/N%/tt*y executed the same in his/ authorized capacity(ies), and that by hi t it signature(s) on the instrument the (s , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY laws of the State of Ca paragraph is true and con WITNESS Though the information below is not required by law, if and could prevent fraudulent removal and re Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: of Signer's Name: OF PERJURY under the fomia that the foregoing persons ret I to another Number of Pages: ❑ Corporate Officer — Title(s) document ET-ME110 MU -0m ❑ Individual Top of thumb here ❑ Partner — ❑ Limited ❑ General Tup of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02010 National Notary Association • National"ary.org • 1 -e00 -US NGTA Y (1-e0D87666P7) Item #5907 R. Y. ENGINEERING WORKS, INC. City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 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 %of Number Total Bid Name: Address: o -231 /Na-# SS�Nl /r tiyc He C'R Ca23,14L Phone: 90% UZ. 63z-4 " State License Number: Af A_ �T Name: Address: Phone: State License Number. Name: Address: j Phone: State License Number. R v ENGINEERING WORKS, INC. Bidder '2 1e - W, th ri Si nat re itle Pjro.3,4>6_T 8 R. Y. ENGINEERING WORKS, INC. City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name R. Y. ENGINEERING WORKS, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number 1 -C -OW - �� �c^R/+,1oa t3/rSra �Art� S'.Prm Project Description 5751r L Ct'rpwlG jZ+�LnGcr^ Ie�/1 r`�Ry nlGr tJsrJ�W%L Approximate Construction Dates: From To: Agency Name C>94^ 6e G,,..,.Fl .J.Zya1�.J -tCt�e i Contact Person PwDy V/Y 5;/WA Telephone (/y) 51f72057 Original Contract Amount $� `Z�s Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) l4Ovr7PA*t_ [Alar ?.rAu�'W� Jfy 0-611"IC7 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. 410 N R. Y. ENGINEERING WORKS, INC. No. 2 Project Name/Number MAdtr^i�*' DA -124 Ms2 Project Description HVC Rp'ejG� -r-vIsr'YPzL (=1Wt4-L u.+, i Approximate Construction Dates: From 2of1 To: ! —% < Agency NameI�QPr�-e�L..,� A^keds chi/ /7��i. .)f- r-4enfe S h Contact Person ��i I` e'%'Zeylz Telephone (671) q57g— -99/7 Original Contract Amount $ 2 0-> Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No.3 "—Wtu.. '(Zotores %KP Project Name/Number i Project Description GkJG2� . ism RB�� �(r ��✓L� w+T Plipr. Eu Approximate Construction Dates: From �� r�To: Agency Name S! -FOR -9- of-- Cs* -i Contact Person /01 tAr da knwr Telephone 0%) 4%�,619� Original Contract Amount $Z dFinal Contract Amount $ 2 79 �— 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/Contragtor2,lf Yes, briefly explain and indicate outcome of claims. 10 R. Y. ENGINEERING WORKS, INC. No. 4 Project Name/Number 6ld� 1a�KitLGr APAt��T'ay`^�S Project Description 790 X r2" PJCv�t,�rtu 5;ur rte. `a2�.1 �AM�Z.R�G69 �rFs[p Approximate Construction Dates: From 17- c� To: z�o9 Agency Name N51SwiG A�11%411cct-11 Contact Person li 60tr4w*l� Telephone (1�2% Original Contract Amount $'T'riav Final Contract Amount S 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. Project Description Approximate Construction Dates: Agency Name Contact Person Contract Amount $ Final Contract Amount If final amount indifferent from original, please explain (change orders, extra wb4, etc.) Did you file any claims against the ncy? Did the Agency file any claims against you/Contractor? If yes, briefly a Lain and indicate outcome of claims. 11 Project Description Approximate Construction ' enc' Name Conta erson Original Contrac ount If final amount is different R. Y. ENGINEERING WORKS, INC. $ Final Contract please explain (change orde-ts,.extra work, etc.) Did you file any claims against the Agency? Did the Ab4zpcy file any claims against you/Contractor? If yes, briefly explain and indicate tcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financialstat en a d other information sufficiently comprehensive to permit an appraisal of the on ct is current financial conditions. rl\ / . - /Il%��'3i' :.. o.�. 12 RYENGINEERING WORKS, INC. ENGINEERING & PLUMBING CONTRACTORS P.O. Box 4181 • Burbank, CA 91503 818.480.8966 • Fax 818.351.8127 ryengineeringworks@gmail.com Lic n 895659 • A, B, C36 Resume For Key Personnel: Raffie Yeremian Title: Project Manager Education: B.S., Engineering, USMA, West Point, NY 1999 Professional Certifications: CAL/Osha 30 Hours Construction, NUCA Trench/Excavation Safety Competent Person, SWPPP 40 Hour Training, Licensed A & C36 Contractor, Red Cross First Aid, CPR &AED Qualified Projects Managed: Public Works Orange County Sanitation District P1 Aeration Basin Access Ramp Settlement Contract Amount: $32,275 Start Date: September 2011 Project Summary: Remove and Replace 12" steel aeration pipe, install valve, paving, fabricate and install welded steel fittings and pipe supports, coat and test. Project involved a very short shut down period and coordination with multiple plant processes to insure critical processes were not affected by work. Contact: Project Manager: Mr. Andy DaSilva, PE (714) 593-7843 Project Inspector: Mr. Ed Kovanda (714)713-6214 City of Pasadena, Department of Public Works 2011 Citywide Sewer Repairs Contract amount: $185,000 Start Date: March 2011 Project Summary: Over 25 Sewer point repairs in challenging soil conditions. Paving, manhole reconstruction, ring and cover adjustment, traffic control, shoring, and landscape/irrigation restoration. Contact: Mr. Jim Jackson, Garcia Juarez Construction (Prime Contractor) (951)657-3535 Los Angeles County Department of Public Works Marina Del Rey Odor Control Contract Amount: $125,000 Start Date: January 2011 — March 2011 Project Summary: Construct odor control scrubber, HDPE pipeline, electric service and associated control, paving, and landscaping. Contact: Project Inspector: Mr. Paul Keizer (626) 482-5417 Orange County Sanitation District Removal Flap Gate Structure Sediment Contract Amount: $40,700 Start Date: September 2010 -October 2010 Project Summary: Dredge sediment along banks of Santa Ana River adjacent to flap gates, process and haul off material. Contact: Project Manager: Mr. MarcoPolo Velasco (714) 720-6967 State of California, Department of Parks and Recreation Will Rogers State Park Contract Amount: $279,000.00 Start: February '09 — Complete: May '09 (on time) Project Summary: Install exterior fire suppression system consisting of fabricated steel pipe on historical structures. Construct 500' of PVC Waterline (Underground), excavation, grading, paving, and fire protection structures including rooftop piping fabrication on historically sensitive structures in an active State Park. Contact: Mr. Mike Van Antwerp, DPR (619) 688 -6495 Commercial/Private Projects C.E.G. Construction 3250 E. W Street, Vernon Contract Amount: $50,000 Start: August 2011 -September 2011 Project Summary: Construct site drainage including HDPE pipe, APWA catch basin, cast in place catch basins with inserts, junction structure, and adjustment of utilities to grade. All concrete work (structural and flatwork) was self -performed by RYEW. Contact: Project Manager: Mr. Junior Vargas (562) 948-4850 Superintendant: Roger (562) 948-4850 C.E.G. Construction 4400 Alcoa Avenue, Vernon Contract Amount: $65,000 Start: October 2011 —November 2011 Project Summary: Construct site drainage including RCP, 18" PVC, cast in place catch basins, PVC sewer line with cleanouts and connection to 12" VCP sewer main, relocation of multiple fire hydrants, adjustment of site utilities, and appurtenant work. Contact: Project Manager: Mr. Junior Vargas (562) 948-4850 Superintendant: Mr. Joseph Cina (310) 505-2893 Pacific Housing Diversified Contract Amount: $348,000 Arbor Terrace Apartments Start: Dec. '08 — Complete: February '09 (on time) Summary: Construct 818' of 12" PVC, multiple Services, cast in place storm drain cleanout structure on 60" mainline, sewer connection and 48" manhole, for a publicly funded low-income housing apartment (74 units) in the City of San Diego. Contact: Ms. Melanie Calabaso (323) 254-3338 Pacific Housing Diversified Glendale City Lights Contract Amount: $40,000 Start: October 2009 Summary: Construct multiple sewer connections for multi -family low income housing in the City of Glendale along San Fernando road. This project included challenging deep excavations among multiple utilities. Contact: Ms. Melanie Calabaso (323) 254-3338 Cobra Enterprises Woodman Ave Apartments Contact Amount: $45,000 Start: June 2010 Summary: Construct sewer connection, common trench for utility connection, minor concrete and asphalt street improvements; place conduit for DWP connection. Contact: Mr. Arthur Aslanian (818) 990-3301 Projects Managed By Raffie Yeremian While Employed as a Project Manager/Estimator at Garcia Juarez Construction, Inc. City of Highland, $744,990 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: June '09 — Complete: In Progress Project Summary: 3011' of 48" to 18" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $137,000 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start: May '09 — Complete: June '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel Golden Rain Foundation, $257,495 "Trust Street Paving Program" Contact: Mr. Kevin Black (562) 431-6586 Start: October'08 — Complete: January '09 (on time) Project Summary: AC Paving, Flat Work City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: November'08 - Complete: May'09 (on time) Project Summary: 972' of 12" VCP, OCSD Manhole, Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sept. '08 - Complete: October'08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: August '08 - Complete: September '08 (on time) 2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: July '08 — Complete: September'08 (on time) 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Orange County Water District, $68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514-9028 Start: July '08 — Complete August '08 (on time) Project Summary: 36" CML & C Steel Pipe Outlet and Structure City of Tustin, $384,104 Contact: Mr. Tom Murphy (714) 573-3167 Contact: Mr. Terry Lutz (714) 573-3263 "Sycamore Avenue Storm Drain" Start: June '08 - Complete: August '08 (on time) Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 765-4591 Project Summary: 3509' of 30" CML&C Steel Pipe, Paving, Slurry Seal; Included large diameter valve removals and replacements in vaults and underground concurrent with 3 large diameter line stops. City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: October '06 - December '07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T -lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $875,000 "Blufftop Restroom Access/Site Work" Contact: Mr. Duane Wentworth December 2009 — Ongoing Project Scope: Construct concrete retaining walls, ADA access ramp, site improvements, 9,310 lineal feet of 3" water main along the beach front, including all appurtenant work City of Huntington Beach. $660,000 "Bayview Drive Watermain Replacement" Contact: Mr. Duane Wentworth November 2009 — January 2010 Project Summary: Construct 1,200' of 8" PVC water main including 59 services, fire hydrants, and paving/restoration. Major challenges included managing tidal fluctuating groundwater and tight traffic restrictions. City of Fountain Valley, $1,100,000 "Well No.9 Transmission Main" Contact: Mr. Mike Green Start: September 2009 —January 2010 Project Summary: 3,100 feet of 16" CML&C Steel Pipe, appurtenances, paving, and associated work. Included shutdowns and tie ins of large diameter pipelines. ENCINEERING Lz PLUMBING CONTRACTORS P.O. Box -1181 • Hurbank, CA 91503 818.480.8966 • Fax 818.351..812' rpeng i nee ri ngworks `gm il.com Lic = 595659 • A, B, C36 Reference List: Proiects Completed By RY Engineering Works, Inc. Public Works Orange County Sanitation District P1 Aeration Basin Access Ramp Settlement Contract Amount: $32,275 Start Date: September 2011 Project Summary: Remove and Replace 12" steel aeration pipe, install valve, paving, fabricate and install welded steel fittings and pipe supports, coat and test. Project involved a very short shut down period and coordination with multiple plant processes to insure critical processes were not affected by work. Contact: Project Manager: Mr. Andy DaSilva, PE (714) 593-7843 Project Inspector: Mr. Ed Kovanda (714)713-6214 City of Pasadena, Department of Public Works 2011 Citywide Sewer Repairs Contract amount: $185,000 Start Date: March 2011 Project Summary: Over 25 Sewer point repairs in challenging soil conditions. Paving, manhole reconstruction, ring and cover adjustment, traffic control, shoring, and landscape/irrigation restoration. Contact: Mr. Jim Jackson, Garcia Juarez Construction (Prime Contractor) (951)657-3535 Los Angeles County Department of Public Works Marina Del Rey Odor Control Contract Amount: $125,000 Start Date: January 2011 — March 2011 Project Summary: Construct odor control scrubber, HDPE pipeline, electric service and associated control, paving, and landscaping. Contact: Project Inspector: Mr. Paul Keizer (626) 482-5417 Orange County Sanitation District Flap Gate Structure Sediment Removal Contract Amount: $40,700 StartDate: September 2010 -October 2010 Project Summary: Dredge sediment along banks of Santa Ana River adjacent to flap gates, process and haul off material. Contact: Project Manager: Mr. MarcoPolo Velasco (714) 720-6967 State of California, Department of Parks and Recreation Will Rogers State Park Contract Amount: $279,000.00 Start: February'09 — Complete: May '09 (on time) Project Summary: Install exterior fire suppression system consisting of fabricated steel pipe on historical structures. Construct 500' of PVC Waterline (Underground), excavation, grading, paving, and fire protection structures including rooftop piping fabrication on historically sensitive structures in an active State Park. Contact: Mr. Mike Van Antwerp, DPR (619) 688 -6495 Commercial/Private Proiects C.E.G. Construction 3250 E. W Street, Vernon Contract Amount: $50,000 Start: August 2011 -September 2011 Project Summary: Construct site drainage including HDPE pipe, APWA catch basin, cast in place catch basins with inserts, junction structure, and adjustment of utilities to grade. All concrete work (structural and flatwork) was self -performed by RYEW. Contact: Project Manager: Mr. Junior Vargas (562) 94813850 Superintendant: Roger (562) 948-4850 G.E.G. Construction 4400 Alcoa Avenue, Vernon Contract Amount: $65,000 Start: October 2011 —November 2011 Project Summary: Construct site drainage including RCP, 18" PVC, cast in place catch basins, PVC sewer line with cleanouts and connection to 12" VCP sewer main, relocation of multiple fire hydrants, adjustment of site utilities, and appurtenant work. Contact: Project Manager: Mr. Junior Vargas (562) 948-4850 Superintendant: Mr. Joseph Cina (310) 505-2893 Pacific Housing Diversified Arbor Terrace Apartments Contract Amount: $348,000 Start: Dec. '08 — Complete: February '09 (on time) Summary: Construct 818' of 12" PVC, multiple Services, cast in place storm drain cleanout structure on 60" mainline, sewer connection and 48" manhole, for a publicly funded low-income housing apartment (74 units) in the City of San Diego. Contact: Ms. Melanie Calabaso (323) 254-3338 Pacific Housing Diversified Glendale City Lights Contract Amount: $40,000 Start: October 2009 Summary: Construct multiple sewer connections for multi -family low income housing in the City of Glendale along San Fernando road. This project included challenging deep excavations among multiple utilities. Contact: Ms. Melanie Catabaso (323) 254-3338 Cobra Enterprises Woodman Ave Apartments Contact Amount: $45,000 Start: June 2010 Summary: Construct sewer connection, common trench for utility connection, minor concrete and asphalt street improvements; place conduit for DWP connection. Contact: Mr. Arthur Aslanian (818) 990-3301 City of Highland, $744,990 "Warm Creek Storm Drain" Contact: Mr. George Herold (909) 234-1001 Start: June '09 — Complete: In Progress Project Summary: 3011' of 48" to 18" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $137,000 "Los Cerritos Drainage System" Contact: Mr. Victor Bermudez (626) 688-8275 Start: May '09 — Complete: June '09 (on time) Project Summary: Restoration and Repair of Existing Concrete Channel Golden Rain Foundation, $257,495 "Trust Street Paving Program" Contact: Mr. Kevin Black (562) 431-6586 Start: October'08— Complete: January'09 (on time) Project Summary: AC Paving, Flat Work City of Anaheim, $392,018 "La Palma Sewer Improvements" Contact: Mr. Greg Solberg (714) 231-4696 Start: November'08 - Complete: May '09 (on time) Project Summary: 972' of 12" VCP, OCSO Manhole, Paving Los Angeles County Dept. of Public Works, $229,914 "Choisser Street Drain" Contact: Mr. Victor Bermudez (626) 688-8275 Start: Sept. '08 - Completer October'08 (on time) Project Summary: 405' of Pre -cast Box and Elliptical RCP, Transition Structures Los Angeles County Dept. of Public Works, $821,465 "Elford Drain and CDR 524" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: August '08 - Complete: September '08 (on time) 2450' of 36" and 30" RCP, Manholes, Catch Basins, AC Paving Los Angeles County Dept. of Public Works, $563,616 "Colima Road Drain" Contact: Mr. John Lovrensky (626) 607-7582 Start: July '08 — Complete: September'08 (on time) 1208' of 48" and 30" RCP, Manholes, Catch Basins, AC Paving Orange County Water District, $68,000 "Burris Pipeline" Contact: Mr. Chris Olsen (714) 514-9028 Start: July '08 — Complete August '08 (on time) Project Summary: 36" CML & C Steel Pipe Outlet and Structure City of Tustin, $384,104 "Sycamore Avenue Storm Drain" Contact: Mr. Tom Murphy (714) 573-3167 Start: June '08 - Complete: August '08 (on time) Contact: Mr. Terry Lutz (714) 573-3263 Project Summary: 628' of 30" and 24" RCP, 205' of 8" DIP, Street Replacement City of Anaheim, $2,153,755 "Anaheim Hills Road Transmission Main" Contact: Mr. Manny Briones (949) 466-6701 Start: January '08 - Complete: May '08 (on time) Contact: Mr. John Lamar (714) 765-4591 Project Summary: 3509' of 30" CML&C Steel Pipe, Paving, Slurry Seal; Included large diameter valve removals and replacements in vaults and underground concurrent with 3 large diameter line stops. City of Rancho Palos Verdes, $102,259 "Point Vincent Trail Repair Project" Contact: Ms. Bindu Vaish (310) 544-5254 Start: May '08 - Complete: July '08 (on time) Project Summary: Rehabilitate Trail and Handrail Along Slope Los Angeles County Dept. of Public Works, $174,074 "CMP Replacement Project" Contact: Mr. Jose Ontiveros (626) 476-4894 Start: Aug '07 - Complete: Sept '07 (on time) Project Summary: 595' of 24" and 18" RCP, Catch Basins, Paving County of Orange, $6,168,750 "O'Neill Park Sewer Conversion" Contact: Mr. Rick Allen (714) 448-8552 Start: October'06 - December'07 (on time) Project Summary: 12,594' of 8" PVC and DIP, T -lock Manholes, Wet Well Lift Station ($835K) City of Huntington Beach, $875,000 "Blufftop Restroom Access/Site Work° Contact: Mr. Duane Wentworth December 2009 — Ongoing Project Scope: Construct concrete retaining walls, ADA access ramp, site improvements, 9,310 lineal feet of 3" water main along the beach front, including all appurtenant work City of Huntington Beach. $660,000 "Bayview Drive Watermain Replacement" Contact: Mr. Duane Wentworth November 2009 — January 2010 Project Summary: Construct 1,200' of 8" PVC water main including 59 services, fire hydrants, and paving/restoration. Major challenges included managing tidal fluctuating groundwater and tight traffic restrictions. City of Fountain Valley, $1,100,000 "Well No.9 Transmission Main" Contact: Mr. Mike Green Start: September 2009 —January 2010 Project Summary: 3,100 feet of 16" CML&C Steel Pipe, appurtenances, paving, and associated work. Included shutdowns and tie ins of large diameter pipelines. City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 NON -COLLUSION AFFIDAVIT State of California ) ) ss. !County of LpS A46eMu-P being first d� Wwr:gggbe~&& at he or she is �-stI'>eoj — of R the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or tp any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the R. Y. ENGINEERING WORKS, INC. Bidder true and correct. Subscribed and swom to (or affirmed) before me on this__J.3 day of A&6, &A10', 2012 by Siproved 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. [SEAL] 13 See— Notary e. —Notary Public My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 02010 State of California CML CODE 1111180 County of S A/ / On r � ?el before me, � 1 rf.s� l CU a-«, kltr Af '-<7 e/ Here Inset Name a el Thl Me Offim personally appeared MARY GARABEDIAN rn w� COMM. * 1959495 < s, a: NOTARY PUBLIC - CALIFORNIA y t LOS ANGELES COUNTY ,try `My Comm, Expires Nov 19, 201$ P+-7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/Ie. subscribed to the withivin strument and acknowledged to r�o!e that he/sU/&y executed the same in his 06 authorized capacity(ies), and that by his/h /t r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may and could prevent fraudulent removal and reattat 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 MMON ❑ Partner --Limited General TopoftfxnlbhWe ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0K91 iTLI Signer Is Representing: I �// valuable to persons ref of this form to another Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Natary Association • NabonalNotam.ora • 1 -600 -US NOTARY n-600-816.68271 RIGHT THUMBPRINT OF SIGNER =I Item eSan7 CitV of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 DESIGNATION OF SURETIES Bidders name R. Y. ENGINEERING WORKS, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): C 9zg6iS -7 5 -n99 S frrnroj 7-or'.?Y1✓5 S� �✓p , cn 5'?� 14 City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name R. Y. ENGINEERING WORKS, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts s Z ' Z Total dollar Amount of r 6 2g0 �F 1SCZ Contracts (in I Thousands of $ No. of fatalities O C:) C:D C__> No. of lost Workday Cases D "C) O p _CD No. of lost workday cases involving O permanent O 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 R. Y. ENGINEERING WORKS, INC. Legal Business Name of Bidder Business Address: vgs3 o"cr,g5i Business Tel. No.:( 11 s)7 16 i BI 1 rl-L T State Contractor's License No. and i Classification:�9 s�,�`� A CS6 Title prow p.,-7- The .,-7 The above information wa time and I declare under within the limitations of the Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title s compiled from the records that are available to me at this penalty of/gerjury that the information is true and accurate Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnershipfjoint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnershiprJoint 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, partnersfjoint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On February 17, 2012 before me, M Locey, Notary Public, personally appeared Raffie Yeremian who proved to me on the basis of satisfactory evidence to be the personw whose name(o iskq+e subscribed to the within instrument and acknowledged to me that he,sheAhey executed the same in hisrh. i authorized capacity(itao, and that by hiS>heFAheiF signatures) on the instrument the personko, 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. CEY M.LO WITNESS my hand and official seal. commlM. L # lesaasl 'a Notary Public - California Z Orange MmmCounty Oct s 7.2013' (SEAL) Notary Public in and for said 5 e- -OPTIONAL INFORMATION Title or Type of Document: Date of Document: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /n/ County of os 00o, WL On 2- 7- Mirk Dam personally appeared CML CODE fr 1189 ...... __........... ____ ........ ._ MARY GARABEDIAN COMM. # 1959495 < "YS NOTARY PUBLIC - CALIFORNIA to LOS ANGELES COUNTY ►+ my COMM. upires Nov 19, 2018 1 Mace Notary Seel Above who proved to me on the basis .of satisfactory evidence to be the person(s) whose name(s) is/do subscribed to the within instrument and acknowledged to(fie that he/Ke/t* executed the same in his/hZwIN4 authorized capacity(ies), and that by his/llf rhpEir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c9fre9t. WITNESS Though the information below is not required by law, it and could prevent fraudulent removal and re Description of Attached Document Tale or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacfty(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer—Title(s): ❑ Individual bosom ❑ Partner — ❑ Limited ❑ General Top of thumb hem ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: dable to persons retyirf fon the document this form to another document. Number of Pages: Signal's Name: ❑ Corporate Officer — Title(s): ❑ Individual bosom ❑ Partner — C Limited ❑ General Top of Qamb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02010 Natbnal Notary A#6osi hw • NaWnWNotery. org • 14100 -US NOTARY (1.800-976E827) Item #5907 City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 ACKNOWLEDGEMENT OF ADDENDA Bidders name R. Y. ENGINEERING WORKS, INC. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received IS' Ot Z- 17 17 City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 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: R.Y. ENGINEERING WORKS- INC. Business Address: Lcl4s- -fi,c o s u -+rt --Imo, <� -JET C* %Ysx Telephone and Fax Number. I,Kk% ) MI - 27 California State Contractor's License No, and Class:�F X56 7 (REQUIRED AT TIME OF AWARD) / Original Date Issued: S I z�? Expiration Date: �/4 lL7— List the name and title/position of the person(s) who inspected for your firm the site of the work proposed jn these contract documents: aa- 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 fl Title Address Telephone 909 6�w%Al a,,& D2 1111 cz;- %5A-4- f SIW 59 -W/3--:� a3 effl.,.*c CA Corporation organized under the laws of the State of G zlcp-�4- in The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: Mo11W— All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: gq. erwr-, .I CTre.ti c Lxsv(z", PjC. A9F, ?ty�tjC-� A42A r -7,,J 4R.�*A)6. 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; n�.-Icr— Briefly summarize the parties' claims and defenses; 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 la mpliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Ye /No 19 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/4, Failure of the bidder to provide ALL requested manner may be considered non-responsive. R. Y. ENGINEERING WORKS, INC. Bidder nt name of `�•+S f �fi O^�` Title Date in a complete and accurate )r President ny) 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) Dare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. C,ar— (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML. CODE $ 1199 State of California 1 County of oIC.S On C.,6 I3, 20/2- beforeme, /yiarul L�� -f7�c1 -, �7� ( /vac oma' Heml uat Wa reaper dOr Olb personally appeared �� er I MARY GARABEDIAN t y COMM. # 1959495 z tr `� NOTARY PUBLIC - CALIFORNIA (n > - LOS ANGELES COUNTY r. My Comm. Expires Nov 19, 2015 .._...-.---_- --------- _............. .r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Wall?) subscribed to the within instrument and acknowledgdd to Trip tat he/s*tf%y executed the Same in his/ authorized capacity(ies), and that by his /h t signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Though the information below is not required by law, it may and could prevent fraudulent removal and reatrac Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): — ❑ Individual ❑ Panner—❑ Limited � General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMNERBPRINT OF SIG raluable to person lying on of this form to a they dl Number of Pages: Signer's Name: C Corporate Officer — ❑ Individual HIMUM ❑ Partner — J Limited J General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � 2010 Natlnnel NOtery A9 iaWn • N9aon01Netary.Org • 1 -BOO -US NOTARY (I -OW-876-6927) IW. 05907 City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this /%" day of4 ri 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and R.Y. Engineering Works, 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: The work necessary for the completion of this contract consists of installing perforated subdrain and related structures, repaving the area affected by the subdrain construction, identifying and protecting interfering utilities, connecting to existing storm drain system, installing a new grate catch basin, installing Stormtech detention basin and connecting to an existing storm drain and reconstruction impacted existing concrete improvements. 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, Bidders 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. 4966, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Eighty -Six Thousand Twelve and 50/100 Dollars ($186,012.50). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 CONTRACTOR R.Y. Engineering Works, Inc. P.O. Box 4181 Burbank, CA 91503 818-480-8966 818-351-8127 Fax F. INSURANCE Without limiting Contractor's indemnification of City, andrig 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' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. 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. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 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. I. 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. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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 27 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. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY nates- 11 r., /1 -z- Aaron C. Harp City Attorney ATTEST: /� /� Date: J'"L LAO I. Brown City Clerk dE Rr O� a F:1 Cit/F00.N�' NE. CITY OF NEWPORT BEACH A California Municipal Corporation and City and C artg�r Pty Date: 4411, By: ' Mancy Gardn Mayor R.Y. ENGINERINGVVOPKS, California C By: rporate icer) Title: President Print Name: Raffite Yeremian nate 3/�297$c Title: Secretary Print Nam : 71e Yeremian Date: A Z INC. (I of 3 Originals) City of Newtaort Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS THE FINAL PREMIUM IS Contract No. 4966 PREDICATED ON THE 2147981 FINAL CONTRACT PRICE BOND NO. FAITHFUL PERFORMANCE BOND The premium charges an this Bond is $ 4,613.00 being at the rate of $ 30.00 r st Stook a S18.75 Balance thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to R.Y. Engineering works, Inc., hereinafter designated as the "Principal', a contract for construction of VARIOUS STORM DRAIN IMPROVEMENT PROJECTS, Contract No. 4966 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. 4966 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty Insurance Company 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Suret)', are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighty -Six Thousand Twelve and 50/100 Dollars ($186,012.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, Its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligation secured hereby, and in addition to the face amount specked in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of fonnal 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 d ly lexecuted by the Principal and Surety above named, on the 23rd day of March 092. A �FF I t -! aar�rrt') R.Y. Engineering Works, Inc. (Principal) North American Specialty Insurance Company Name of Surety 681 S. Parker Street, # 130, Orange, CA 92868 Address of Surety 714-550-7799 Telephone Randy Spohn, Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT a v a a•vv •a• u v e v v v v v a m v v a v a a v v v v a v v v e a v e v a a a s a v a v a v v o v v v a v a c. v v aavavaaaa uavaaaa State of California County of AoS etas )ss. On AACjvct' 7.-1 1 7,7i2 before me, <<cs,(. 1��Z Notary Public, personally appeared (Fre 4 eleye..do' �� .who proved to me on the basis of satisfactory evidence to be the personZt whose name(, is/al, subscribed to the within instrument and acknowledged to me that he/skeelthq executed the same in his/hedtbeir authorized capacity(ibs),and that by his/hlerLtheir signatureaUss on the instrument the person'(6j,_or the entity upon behalf of which the person(s`�Cted, 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. B�AICAH PEREZ COMM. #1813987 RY PUBLd' NOTAIC - CALIFORNIA {> SOS ANGELES COUNTY m My Comm. Expires Sep. 19, 2012 (seal) •vavavee a a v a ase as.JC a v e a v n a e v o a a as s a e e v a a v a a v a e a a v eaa v a v a o s a v v e e v a e we a a a v a v a..I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other. Other Information: 31 Thumbprint of Signer ❑ Chedc here If no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................................................... State of California i County of )Ss. On before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to me that he/s1 same in his/her/their authorized capacity(ies), and that by his/her/their instrument the person(s), or the entity upon behalf of which the persons) instrument. I certify under PENALTY OF PERJURY under the laws of foregoing paragraph is true and correct. WITNESS my hand and official seal Signature .................................. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactc Personally _ Paperlder Credible" who whose name(s) is/are e/they executed the signatures(s) on the acted, executed the State of California that the (seap ........................................... Paper Identification INFORMATION Capacity of Signer. Trustee Power of Attorney _CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other. Other 32 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg. Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW IL DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." NVna11111119uwryprrfj SFAL .0= Sro'nP.Anderson.Presider &CPrM&.1of oO&Aro aSn tonInsunoocnalImnnnceComp.ny ZdN SEAL r' ity 1973 �n j & Senwr \'iav Presideel of Sonh Amarh+n Sprsivltr Inurance Lumps, 'rel ��.,Cd�"u 41, 1141401, n V' NOC (%\✓ III DooW M. Layma. Senior Vitt Preddm(ar nbhi.r. IntrmarionN Innuru,tt Company & Via FmAdenr of North Amerinn Sp isty Imuivnee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 115th day of September 2011 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of September .20H 1, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and decd of their respective companies. OFFOCIAL SM D,NLLNELSON A li flK/9t"- STATE OF UAW WCM%@KIM EJwnES1)"2 D. Jill Belson, Notary Public 1, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23 day of March . 2012 Junin A Cuprnmq Vice Resident & Aaoi4mi insurance o nipsoy neon Imammionel Insurance ComDeny & North Amencan Spaidry Imurmce Cnmpany CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of na� On l� before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ® 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/heF/their authorized capacity (+es), and that by his/her/the+F signature(a) 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 under the laws of the State of California that the foregoing paragraph is true and correct. ERIKA GUIDO WITNESS my hand and official seal. COMM. B 1843731 f f NOTARY PUBLIC CALIFORNIA;o 3 ORANGE COUNTY My comm. expires May 5, 2013 �t Nsnature f tary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT (I of 3 Originals) Premium: Included on Performance Bond. City of Newport Beach VARIOUS STORM DRAIN IMPROVEMENT PROJECTS Contract No. 4966 BOND NO. 2147981_ LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to R.Y. Engineering Works, Inc., hereinafter designated as the "Principal," a contract for construction of VARIOUS STORM DRAIN IMPROVEMENT PROJECTS, Contract No. 4966 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4966 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, North American Specialty Insurance Company 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 Eighty -Six Thousand Twelve and 501100 Dollars ($186,012.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely 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 wfth respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been Principal and Surety, on the 23rd day of "arch T4q.FIt gee'.'�1,%.-j By: R.Y. Engineering Works, Inc. (Principal) North American Specialty Insurance Company Name of Surety 681 S. parker Street, #130, Orange, CA 92868 Randy Spohn, Address of Surety Print 714-550-7799 Telephone executed by the above named _, 2012. NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9j ACKNOWLEDGMENT • e o o a e e s. o.. e s. n e e. e s. u.... a m.. e. v... s. e o o s m. o a e a v e...... o.. w v s. s. e.. n. e. e. v•, State of California County of L6 A!2c ¢(e5 )SS. On k(&yLt, 2 t.. 7. (Z before me, U 46 , Public, personally appeared RAfE,e- V ert. t .., ,who name(s)-is/ares me that he/sbee/they executed the his/h&Aheir signaturet;W on the the person(s),acted, executed the proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to same in his/tfwAheiL authorized capacity(insj, and that by instrument the person(s)or the entity upon behalf of which instrument. Notary 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. hAA-�,L-t,a, Signature MI AH PEREZ COMM. #1813987 a NOTARY PUBLIC - CALIFORNIA U .P LOS ANGELES COUNTY m My Canm. Expires Sep. 19, 2012 (seal) swas".e o•Y. 8.40 ..............B.®........8800........... coo ..................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other 35 Thumbprint of Signer ❑ Ched( here If no thumbprint or fingerprint Is available. ACKNOWLEDGMENT ............................................................................... State of California County of ) ss. On before me, Public, personally appeared Notary .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 tr person(s) acted, executed the instrument. i I certify under PENALTY OF PERJURY under the laws' of the State of California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal. Signature (seal) ..•...................... a .....• •p........................................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known wll Paper Identification _ Credible Witness( ) Identification INFORMATION Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other 36 Thumbprint of Signer ❑ Check here it no thumbprint cr fingerprint Is availab'e. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THATNorth American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOIN'PLY OR SFVI-RALLY Its mic and lawful Attorney(s)-in-Pact, to make. execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behal f of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by Imv, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION (550.000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any, such Power of Attorney and to anach therein the seal of the Company; and it is FURTHER RESOLVED. that the signature of such officers; and the seal of the Company may be affixed to any such Power of Anorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or fflnsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond; undertaking or contract of surety to which it is attached." p mnlnmi , ``°P\tGxpl1,TYf4cg 7r, /j uo�Slovuuuu[,gsb >q2 GO �rF'.,Pic By l`!+�ORPJgq NSG =V:e SIiAL to Steven P.Anderson. President Chief Hawutive Omar of Washinpmn International Insurance Campmy a3' S AL us ,W�a �% 1979 �u/0� &Seniv\gee President of\onh Amedmn 5pecfelsp'Inmmnre. Company sp! mE By David M. IA`soon. senior \acc Pntideni of N•usLington Intemat ion al Insurance Corinna) & Vice. President of North Arteries. specialty Iasnrnnne Company IN WITNESS WHEREOF. North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed. and these presents to be signed by their authorized officers this 15th day of September - 2011 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 15th day of September , 20j �l before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of Nonh American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Anomev as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFP= SM DJILL NELSOI7 /LjL NOTARY RISLIC-STATE OF LUWIS D. Jill Nelson, Nota Public WCOMMIS OBOfRRESA810.Y12 rY 1, James A. Carpenter . the duly elected Assistant Secretary ol'North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy ora Power of Anomey given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF. I have set my hand and affixed the seals of the Companies this 23 day of March .20 12 James A. Cmprntcr, Vice President & Assistant Secretary of Washington Imcissau net Insnmne. cranuoy & North American Specialty Insurance Contrary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County y o-ff ORANGE On - /1_ ] 22I T- (. I )\�- before me, ERIKA GUIDO, NOTARY PUBLIC, appeared RANDY SPOHN who proved to me on the basis of satisfactory evidence to be the personH whose name( is/afe subscribed to the within instrument and acknowledged to me that he/sije/t" executed the same in his/hef/theif authorized capacity Oes), and that by his/hef/theif signatureH on the instrument the person(s), or the entity upon behalf of which the personH 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. ERIKA GUIDO COMM.N 1843731 ; WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA ,, ORANGE COUNTY b My comm expires May 5, 2013 Il OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED © ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 VARIOUS STORM DRAIN IMPROVEMENT CONTRACT NO. 4966 DATE: JANUARY 31, 2012 blic Works Page: 1 of 1 TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS ADD: SECTION 306 — UNDERGROUND CONDUIT CONSTRUCTION 306-1.1.5 Removal and Replacement of Surface Improvements: Add to this section: "AC pavement shall be replaced per City of Newport Beach Standard Plan 105 -L -B." Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I:\userslpbw\shared\contracts\fy 11-12\c-4966 - var I have carefully examined this Addendum and have included full payment in my Proposal R. Y. ENGINEERING WORKS, INC. Bidder's Name (Please Print) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO. 4966 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4966 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ 1E+.t 1OS"�%+� Dollars and �cr2� Cents $ Per Lump Sum 2. Lump Sum Utility Identification @ It.6 -7/e1ff,#✓7--" Dollars r7 � and Cents $ Per Lump Sum 3. Lump Sum Traffic Control @ Dollars and Cents All Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 10 C.Y. Unclassifed Back .I Fiv::�-Y @ ollars and :7_rWzJ Cents $ SJ $ 'E�k�c) Per Cubic Yard 5. 60 L.F. Remove and Construct PCC Type A Curb and Gutter (Port Streets) @ t FT`i Dollars and 30� Cents $ Per Linear Foot 6. 540 S.F. Remove and Consturct PCC Driveway Approach @ Elbrh Dollars and Cents $ $ 3zc Per Square Foot 7. 2 Each Furnish and Install Cleanouts @ F4'A^Pgw-� Dollars and AllltzJ Cents $SCJ $ I ooc� Per Each 8. 615 C.Y. Pervious Backfill @ 51AL—Y Dollars and / 'iw=`' Cents $ �� $ 6 O() Per Cubic Yard 9. 1,380 L.F. 6 -Inch Perforated PVC SDR -35 Subdrain Pipe @ /;V'tf 7_wt� Dollars and Cents $ 1� $ �7 Per Linear Foot PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 19,300 S.F. Furnish and Install Filter Fabric @ L6f-z-- Dollars and Cents $ O's -71, Per Square Foot 11. 5 Each Furnish and Install Terminal Cleanouts @ F1Dollars and ta&A> Cents $ Per Each 12. 2,120 S.F. Remove and Replace PCC Cross Gutter @ SeV*,✓ Dollars and F/G7y Cents $ -7 $ I 90J Per Square Foot 13. 8,270 S.F. 6 -Inch Thick Asphalt Pavement @ Dollarsand n%� 5,17' CV Cents $ L' $ ZL/7y2 Per Square Foot 14. 25 L.F. Remove and Construct PCC Type A Curb and Gutter @ Dollars and Cents Per Linear Foot 15. 1 Each Furnish and Install Storm Drain Grate Inlet @ i3S►a5ry�Dollars and �fslL� Cents $ d�`� $ 4po Per Each PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 20 L.F 17. Lump Sum 18. 1 Each 19. 15 L.F 20. 110 S.F 21. Lump Sum 8 -Inch PVC SDR -35 Pipe @ Fyk Dollars and Cents $ LIZ? $ god Per Linear Foot Connect to Existing Storm Drain @ FWtom- oO-rC> Dollars and Cents Per Lump Sum Furnish and Install Storm Drain Grate Inlet (32nd Street) @ (l%k Dollars r,Grarn Fi and Cents $ %75J $ 7S -J Per Each Type B Curb @ ���� Dollars and sz� Cents $ -&-`D Per Linear Foot 4" PCC Sidewalk @ �N,e Dollars and Cents Per Square Foot Furnish and Install Stormtech Detention Basin @�%Nb�v% Dar and _0_4r_� Cents Per Lump Sum $ OE;'fl-,D ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 20 L.F 23. Lump Sum 24. Lump Sum Remove and Construct PCC Gutter (32nd St) @ irf"� Dollars and Cents Per Linear Foot Remove All USA Markings and Restore Pavement Surfaces @ i—+�ir'HD� Dollars and Cents Per Lump Sum Final Redline As -Built Plans @ I t1w lw,> 6" "Dollars and ,!_Zzwe�� Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Nlyd�`/ �.rsra�/!7 Fi dE'Iiw�a-� 7 -w -b -404w and Cents 2- Date (9Xt iii -aA27 Bidder's Telephone and Fax Numbers �su5`1 Pr. C-3 Bidder's License No(s). and Classification (s) Bidder's email address:. ryeA $ 00(oj Sj2.s Total Price (Fi res) '10/ n 2-,10 , R. Y. ENGINEERING WORKS, INC. Bidd �ius rs...i BAtho zed Signature and Ti Bidder's Address Sw✓✓Y/ac� csY 9/ 3�Z . C, r -%s @ 5"`4 Ck . C.r,-� Last saved by lsandefur0l/0412012 10:28 AM is\users\pbwlsharedlcontracls\fy 11-12\c-4966 -various storm drain improvements\proposal c-4966.doc 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 51 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO. 4966 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 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 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 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 51 4 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5. 7-7 COOPERATION AND COLLATERAL WORK 5 7-8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7-8.5.1 Steel Plates 5 7-8.6 Water Pollution Control 5 7-8.6.1 Best Management Practices and Monitoring Program 6 7-8.8 Steel Plates 6 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 7 7-10.4 Safety 7 7-10.4.1 Safety Orders 7 7-10.5 "No Parking" Signs 8 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 12 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201-1 Portland Cement Concrete 12 201-1.1.2 Concrete Specified by Class 12 201-2 Reinforcement for Concrete 12 202-2.2.1 Reinforcing Steel 12 201-7 Non Masonry Grout 13 201-7.2 Quick Setting Grout 13 SECTION 207 PIPE 13 267-17.7 Perforated Pipe 13 SECTION 214 PAVEMENT MARKERS 13 214-4 Non -reflective Pavement Markers 13 214-5 Reflective Pavement Markers 13 SECTION 213 ENGINEERING FABRICS 13 213-3 Filter Fabric 13 201-3.1 General 13 SECTION 215 STORMTECH DETENTION BASIN 13 215-1.1 General 13 215-1.2 Submittals 13 215-1.3 Manufacturer and Installation 13 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 300-1.3.2 Requirements 14 300-1.5 Solid Waste Diversion 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 15 303-5.1.1 General 15 303-5.5 Finishing 15 303-5.5.1 General 15 303-5.5.2 Curb 15 303-5.5.4 Gutter 15 Last saved by adminsetup0l/0412012 10:44 AM is\users\pbw\shared\contracts\ty 11-12\c-4966 - various storm drain innprovements\specs_index c-4966.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS VARIOUS STORM DRAIN IMPROVEMENT PROJEC' CONTRACT NO. 4966 INTRODUCTION SP 1 OF 15 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing Nos. D -5362-S, D -5363-S, and D- 5366 -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 (2009 Edition), including supplements; and (5) CALTRANS Standard Specifications (2006 Edition). 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 installing perforated subdrain and related structures, repaving the area affected by the subdrain construction, identifying and protecting interfering utilities, connecting to existing storm drain system, installing a new grate catch basin, installing Stormtech detention basin and connecting to an existing storm drain and reconstruction impacted existing concrete improvements." 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The SP 2 OF 15 Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTIONS ---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. SP3OF15 SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility companies to coordinate and make sure their respective existing utilities will be adjusted to finish grade. 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 the pre -construction meeting to allow for discussion during the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated their ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP4OF15 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4`h November 11th December 24th December 25` or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. SP5OF15 The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to the nearby 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 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, Municipal Operations Department, Water Division. 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." 7-8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching and to protect the work from damage during non -work hours shall be the slip resistant type per Caltrans Standards. 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/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. SP6OF15 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP shall be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the . Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate_ with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction., and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 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 SP7OF15 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 showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. 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." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Westbound Bayside Drive cannot be closed until 9 a.m. Eastbound Bayside Drive shall be open by 3 p.m. Detour plans shall be submitted to the City for approval. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 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 SP8OF15 all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. SP9OF15 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all.the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, purchasing of materials, and all other related work as required by the Contract Documents. Item No. 2 Utility Identification: Work under this item shall include the cost to pothole existing utilities to determine depth of existing utilities and any potential conflicts with the plans, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses, preparing traffic control plans, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest Edition, and City of Newport Beach Requirements. Item No. 4 Unclassified Backfill: Work under this item shall include providing unclassified backfill to fill voids encountered during construction as directed by the SP 10 OF 15 Engineer including placing, compaction, and all other items as required to complete the work in place. Item No. 5 Remove and Construct P.C.C. Type A Curb and Gutter (Port Streets): Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, AC patchback with tack coat, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 6 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing P.C.C. driveway approach, AC patchback with tack coat, and all other work items as required to complete the work in place. Item No. 7 Furnish and Install Cleanouts: Work under this item shall include furnishing, installing, and connecting in-line cleanouts as shown on the plans, including all excavation, formwork, and utility relocations, and all other work items as required to complete the work in place. Item No. 8 Pervious Backfill Material: Work under this item shall include removing existing earth, sidewalk or roadway, disposing of excess material, grading, compaction, constructing pervious backfill as shown on the plans, and all other work items as required to complete the work in place. Item No. 9 6 -Inch Perforated PVC, SDR -35 Subdrain Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary or permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 10 Furnish and Install Filter Fabric: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for the installation and securing of the filter fabric as shown on the plans and all other work items as required to complete the work in place. Item No. 11 Furnish and Install Terminal Cleanouts: Work under this item shall include furnishing, installing and connecting, Brooks Products No. 4TT valve box, connecting piping to subdrain, and all other work items as required to complete the work in place. SP 11 OF 15 Item No. 12 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, AC patchback and tack coat, and all other work items as required to complete the work in place. Item No. 13 6 -inch Thick Asphalt Pavement: Work under this item shall include constructing 6 -inch thick asphalt pavement base and finish courses and all other work items as required to complete the work in place. The pavement shall be placed in maximum 3" lifts. Item No. 14 Remove and Construct P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, doweling into existing adjoining.PCC curb and gutter per City Standards, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, AC patchback and tack coat, and all other work items as required for performing the work complete and in place. Gutter width varies. Item No. 15 Furnish and Install Storm Drain Grate Inlet (Bayside Dr.): Work under this item shall include furnishing, installing and connecting, storm drain grate inlet as shown on the plans, and all other work items as required to complete the work in place. Item No. 16 8 -Inch PVC, SDR -35 Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary or permanent support of utilities, disposal of excess excavation materials, resurfacing of trench per City Standard, and all other work items as required to complete the work in place. Item No. 17 Connect to Existing Storm Drain: Work under this item shall include furnish all labor, tools, equipment, and materials necessary for the connection of the subdrain system to the existing catch basin, including all necessary excavation, coring, concrete removal, sealing around pipe, compaction of the subgrade and all other work items as required to complete the work in place. Item No. 18 Furnish and Install Storm Drain Grate Inlet (32nd St.): Work under this item shall include furnishing, installing and connecting, storm drain grate inlet, Brooks 1212 storm grate frame, galvanized grate, and compaction of the subgrade and all other work items as required to complete the work in place. Item No. 19 Type B Curb: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb SP 12 OF 15 openings of existing curb drains, constructing P.C.C. curb, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, AC patchback and tack coat, and all other work items as required for performing the work complete and in place. Item No. 20 Remove and Construct 4" P.C.C. Sidewalk: Work under this item shall include removing existing improvements and constructing P.C.C. sidewalk and all other work items as required to complete the work in place. Item No. 21 Furnish and Install Stormtech Detention Basin: Work under this item shall include furnishing, installing and connecting, detention basin including removal of existing improvements and subgrade, providing and installing filter fabric, end cap, pre - approved crushed stone and backfill, compaction of backfill, and all other work items as required to complete the work in place. Item No. 22 Remove and Construct P.C.C. Gutter: Work under this item shall include removing existing improvements and constructing P.C.C. gutter, dowelling to existing adjoining PCC gutter per City Standards, AC patchback and tack coat, and all other work items as required to complete the work in place. Item No. 23 Remove All USA Markings and Restore Pavement Surfaces: Work under this item shall include removing all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre -construction condition. No sandblasting is allowed. Item No. 24 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 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this.section: 'Reinforcing steel shall be Epoxy coated Grade 60 steel conforming to ASTM A615, A775, and D3963 with 2 -inch minimum cover unless shown otherwise on the plans." SP 13 OF 15 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 207 ---PIPE 207-17 PVC PLASTIC PIPE 207-17.7 Perforated Pipe. The pipe shall conform to the requirements of CALTRANS Standard Specifications, Section 68:"Subsurface Drains". SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." SECTION 213 --- ENGINERING FABRICS 213-3 FILTER FABRIC 213-3.1 General. Filter Fabric shall conform to the requirements of CALTRANS Standard Specifications Section 88: "Engineering Fabric". SECTION 215 --- STORMTECH DETENTION BASIN 215-1 STORMTECH DETENTION BASIN 215-1.1 General. Detention Basins shall be SC -310 as provided by Stromtech. Any request for substitution must be approved by the Engineer PRIOR TO BID OPENING. 215-1.2 Submittals. Contractor shall provide shop drawings to the Engineer prior to ordering any materials. The review period shall be 20 working days. 215-1.3 Manufacturer and Installation. The Unit shall be manufactured by Stormtech or approved equal in material, size, and function. The Unit shall be installed in accordance with the manufacturer's recommendation and specification. SP 14 OF 15 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/newportbeachca.gov/generaIservices and clicking on refuse, then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SP 15 OF 15 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." I:\Users\PBW\Shared\Contracts\FY 11-12\C-4966 - Various Storm Drain Improvements\SPECS C-4966.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3-22-12 Dept./Contact Received From: Date Completed: 403-12 Sent to: Company/Person required to have certificate: Type of contract: Shari Shari By: Joel RY Engineering Works Inc. All Other I. GENERAL LIABILITY EFFECTIVEIEXPIRATION DATE: 9-03-11/9-03-12 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A: XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes (D No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9-13-11/9-13-12 A. INSURANCE COMPANY: Wesco Insurance Co. B. AM BEST RATING (A-: VII or greater) A: IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ®No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 CSL E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No I1I. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 9-11-11/9-11-12 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ®Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Age of Iliant Insurance Services Broker of record for the City of Newport Beach ate ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No 109 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. �- DATE (MMroDlYvvvp aea7Jeri' .. E;RTIFI({ATE OF Q.I �ILI7V IIVStJ'R/�IVCE 3=12 THIS CERTIFICATEI$1sSUED A$,A•MATTER OF.: IN FORMATION ONLy-AN1p c6NFERS NO RIGHTS UPON THE;CERTIFICATE'HOLDER: THIS CERTIFICATE DOES ;NOT AFFIRMATIVELY OR NEGATIVELY•AKEND,- 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;P.RODIICER, AND THE CERTIFICATE HOLDER. IMPORTANT.• tribe certificateHolder is aft ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subtect:to the terms and conditions. of the policy, certain. policies may require an endorsement. A on this certificate does not confer rigfifs to. _statement tha,• U'rtiticate holdeb-m' lieu ofsuchrendorsements : - PRODUCER'a_- -- Shellle'BBDIOn - - PHONE'.661-222,7001 FAX: 661-222-7741 EMIL.AgenCy' - Befltoh_Insifrdnce PO Box 802350 EMAIL ADDRESS: sheilfb@benton.pro Valencia; CA.91390-2350, PRODUCER - License_ i 07731B0 CUSTOMER ED e _ INSURER(S) AFFORDING COVERAGE NAIC # D.V.�AGESQ(EL FD S 100;000 PREMISES Ea occuri¢rce INSURED • INSURER A: COLONY INSURANCE COMPANY GENERAL.AGGREGATE $ 2)000;000 APPLIES PER: POLICY t._; Q,;PROJECT ❑ LOC INSURER,BI WESCOINSURANCE CO . '6 ..YENGINEERING.WORKS INC' 'INSURERC: SCOTTSDALEINSURANCE CO WPPiO"662 PO Ii 4181 - �BftRBHN(f„Eq.91501 - - 1NSURER D: COMBINED SINGLE LIMIT $ 1,000,000 ' iNsURER Et .. . S - - INSURER F •(]�;UIe�RELLA'' LIABILITY© OCCUR z'. E%GESS LIABILITY. 'Q, CLAIMS. MADE > COVERAGES CERTIFICATE NUMBER: REVISION UNUM BER: THIS IS TO CERTIFY THAT-THEPOLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED. TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN50d ANV REQUIREMENT, TERM OR CONDITION :OF -ANY CONTRACT OR OTHER bocumtNf WITH RESPECT TO WHICH ?HIS CERTIFIDATE'MAY BE ISSUED OR MAY.PERTAIN, THE INSURANCE AFEORDED,'BY-THE.POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; EXCLUSIONS ANDCONDITIONSOR•SUCH POLICIES. WITS 6H6WN.MAKHAVE.6EEN:REDUCED BY PAID CLAIMS. SR .TYP_EOFINSURANCE.. ';ADDL INSP. BUaft Tv'vo .POUCY NUMBER- POLICY EFF (MMiDDNYYY) POLICY EXP (MM/OO/VYYY) LIMITS ' A .'GENL-AGGREGATELIMIT 'GENERALUABILITK.- ,. .® COMI9ERCIAL GENERAL LIABILITY ❑' CLAIMS -MADE. ® OCCUR ❑ - GL951919 9/3/2011 - M12012. EACH OCCURRENCE S T006;000 D.V.�AGESQ(EL FD S 100;000 PREMISES Ea occuri¢rce MED EXP (Any one person) $ 000 PERSONAL 6 ADV INJURY $ 1,000,000 El GENERAL.AGGREGATE $ 2)000;000 APPLIES PER: POLICY t._; Q,;PROJECT ❑ LOC PRODUCTS-COMP/OPAGG $ 21000,000. $ . '6 AUTOMOBILE LIABILITY' -(Ee.ecoident) ANY 'AUTO Q ALL OVOIEDAUTOS '® SCHEDULED AUTOS HIRED AUTOS WPPiO"662 9/13/2011 9/13/2012 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $. BODILY INJURY (Par eceldehij S pROPcRTY DAMAGE (Per aceldeld) S S ' C •(]�;UIe�RELLA'' LIABILITY© OCCUR z'. E%GESS LIABILITY. 'Q, CLAIMS. MADE - XBs0017114 .. 9/312011 9131201,2 EACH OCCURRENCE $. 2;000;000 AGGREGATE S 2,000;000 171 - ❑. $ - . D N/ORHERS:G04ENSATION 'ANO EMPLOYERS:LIABILRV ANY-PROPR)ETOR/PARTNER(EXECUTIVE YM FICERIMEMBE(CLUDED? pPFR E (Maraitorylh NH) fyes,destailtAinder ❑ DESCRIPTIONCFOPERATIONS below WA - - ❑WGaTATLL GTI, . W STATw s ❑ EP $ E.L. EACH ACCIDENT 5 E,L. DISEASEfAEMPLOYEE $ E.L. DISEASE-POUcYLIMIT $ DESCRURTION'Of.OPERgIi.ONS r LOCATIONS/ VEHICLES (At16ch ACORD 101, Additional Remarks Schedule, if more space is requited) Tfie City of NewportBeach; its elected or appointed officers, agents, officials, employees and volunteers named. as Additional' Insured for General Liability per attached #U462A-0310 with Primary wording and Blanket Waiver of Subrogation Included. Job: Various Storm Drain Improvements Contract #4966 CtH-lilkiGAaa!t1 V_ UUhK _ - tANIa LLAIIVN Alin TomSandeffuf -- Fak 949-6143318 - SHOULD OF ATSHHEREOF.D 0110EEDPOLICIESBE#b IN ALEOBEFORE THE' ENPIRgTION GATE THEREOF. NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE City of Newpoiti Beach POBOX'1,7C8 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Newport Beach, CA. 92658 , Mark. Benton ACORD 25{2009N9) The ACORD name and logo are registered marks or ACORD ®19882009 ACORD CORPORATION. All rights reseNed. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mlei 14 01,114A Nazi &M, OURS11, OPERATIONS AS SCHEDULED -This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orgahization(s): Location And Description Of Operations ,THE -.CITY OF NEWPORT BEACH AS PER WRITTEN CONTRACT WITH THE PO BOX 1768 NAMED INSURED NEWPORTBE'ACH, CA 92648 A. Section II — Who 1s An Insured is amended to include the person(s) or organization(s) shown in the Schedule (called additional insufed), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from ..your work" atthe location designated and described in the schedule of this endorsement per- formed for that additional insured and included in the "products -completed operations ha- zard". (2) Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in Whole or in part, by resulting from: (a) Your acts. or omissions; or (b) The acts or omissions of those acting. on your behalf;, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added'` If •you'are required by written contract to provide primary insurance, the insurance afforded by this Cov- erage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. C. Cancellation If we cancel this policy before the expiration date thereof, we will mail 30 day written notice (10 days for nonpayment) to the additional insured but failure to mail such notice shall impose no obligation or liabili- ty of any kind upon the Company, its agents or representatives. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, U462A-034'0 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with its permission. THIS ENDORSEMENT CHANGES THE POLICY.. PLEASE READ IT CAREFULLY. M %! fell IM2 WI;.A Irg F, Knim,11-211RA&I 'This -e ndorsement-m.odifies-.insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRQDUGTS/C0MP.LETED OPERATIONS LIABILITY COVERAGE PART The following is addedto ParaoraDh 8..TransferOf RigbtsOf RecoveryAgainst Others; To Us of Section w—Condiflobs: We waive any rights of recovery we may have against any person o.r.o.rganization because of payments we make for injury ordamage tesultinqfrorn your ongoing operations or "your work" done under a contract with that person or organization and in6.luded.in the "products -completed operations hazard" az6rWif: .a. you -agreed to -such waiver; 0. the waiver is included as part of a written contract or lease:. and c... such Written contract or lease was executed. prior to:any loss to'which this insurance applies. ALL, OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. -Lf.647-0310 Includes copyrighted material of ISO ProperfiVes, Inc., Page 1 of 1 . with its permission. CERTHOLDER COPY NT 6• RO. BOX 420807, SAN FRANCISCO,CA 94142-0807 19 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-22-2012 GROUP: 000238 POLICY NUMBER: 0014249-2011 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 09-11-2012 09-11-2011/09-11-2012 CITY 00 NEWPORT BEACH NT 3300 NEWPORT BLVD NEWPORT „BEACH -CA 926133-3816 Tti s.)i to.. certify `that we `have; issued a valid; Workers Compensation insurance policy in a form approved by the Califordia..lnsurance Commissioner' to the employer -named below for the policy period indicated. This*policy is. not subject to Pancellation by the Fund except upon 30 days advance' written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. .Notwithstanding. any requirement, term or condition of any contract or other document .with respect-,toy-vvhiefi this eertificate of Insurance. may be issued or to. which it may pertain, the insurance -afforded by the; policy.described herein is subject -.to all the terms,, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1;000,000 PER OCCURRENCE. ENDORSEMENT #1600--YTREMIAN; RAFF.IE R R.;:S T -EXCLUDED. ENDDRSENENT*#1660 YEREMIAN, HARMIK ARA VICEPRES - EXCLUDED. ENDORSEMENT 92065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-111-2011 IS ATTACHED TO AND FORMS APART OF.. THIS PDLICY. - EMPLOYER• R Y ENGINEERING WORKS INC NT PO BOX 4181 ... ' BURBgNK. QA -91503 (B10,SC1 PRINTED : 03-22-2012 fREV.t;'iale) CERTHOLDER COPY tall P.O. 80X 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-29-2012 CITY OF NEWPORT BEACH NT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 GROUP: 000238 POLICY NUMBER: 0014249 -2011 - CERTIFICATE ID: 23 CERTIFICATE EXPIRES: 09-11-2012 09-11-2011/09-11-2012 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 22 DATED 03-22-2012 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellatlon by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the Terms.. exclusions, and conditions, of such 'policy. Autho7,d Represenlative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT //0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2012-03-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ® ENDORSEMENT #1600 - YEREMIAN, RAFFIE R P,S T - EXCLUDED. ENDORSEMENT #1600 - YEREMIAN, HARMIK ARA VICEPRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE.HOLDERS' NOTICE EFFECTIVE 09-11-2011 IS ^� ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-03-29 IS ATTACHED TO AND FORMS A PART OFTHISPOLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER R Y ENGINEERING WORKS INC NT PO BOX 4181 BURBANK CA 91503 [B10,SCI PRINTED : 03-29-2012 (REV.8-2010) CITY OF = r NEWPO °� UaNr City Council BEACH Staff Report Agenda Item No. 6 March 13, 2012 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: 4� C—W1A TITLE: Various Storm Drain Improvements — Award of Contract No. 4966 ABSTRACT: Staff received construction bids for the "Various Storm Drain Improvements" Project and is requesting City Council's approval to award the work to RY Engineering Works, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications; 2. Declare RY Engineering Works, Inc., (RYE) as the lowest responsible bidder. 3. Award Contract No. 4966 to RYE., for the total bid price of $186,012.50 and authorize the Mayor and City Clerk to execute the contract, and 4. Establish a contingency of $27,900.00 (approximately 15 percent) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the General Fund account, 7012-C2502011. Proposed uses are as follows: Vendor Purpose Amount RY Engineering Works, Inc. Construction Contract $ 186,012.50 RY Engineering Works, Inc. Construction Contingency 27,900.00 Total $ 213,912.50 Various Storm Drain Improvements -- Award of Contract No. 4966 March 13, 2012 Page 2 DISCUSSION: At 9:00 a.m. on February 14, 2012, the City Clerk opened and read the following bids for the Various Storm Drain Improvements Project: BIDDER Low RY Engineering Works, Inc. 2 La Strada Contracting 3 Palp, Inc., dba Excel Paving 4 Pointer Enterprises, Inc. 5 Topline Construction, Inc. 6 SLS Construction, Inc. 7 The RJ Noble Company 8 TED Enterprises 9 Paulus Engineering, Inc. 10 Altas Underground, Inc. 11 GCI, Inc. 12 Peterson -Chase General Engineering 13 RSB Group, Inc. 14 Garcia Juarez, Inc. 15 Altas-Allied, Inc. 16 T.E. Roberts, Inc. 17 Cali-Agua, Inc. TOTAL BID AMOUNT $186,012.50** $188,888.00 $194,492.00 $207,157.00 $214,222.00 $214,242.00 $214,941.00 $217,545.00 $224,129.00 $238,178.00 $239,575.00* $240,329.00* $247,825.00 $249,955.00 $264,896.00 $283,245.00 $295,420.00 * Corrected Bid Amount **Due to a mistake on their bid documents, RY Engineering Works had an As -Read bid price of $190,520.50. The corrected value is $186,0125.50 based on the word written values. Once it was determined that a mistake had been made in their bid, RY Engineering Works was given the opportunity to withdraw their bid. RY Engineering Works decided to stand by their corrected bid and is therefore the lowest responsible bidder. The total low bid amount is 17% percent below the Engineer's Estimate of $225,000.00. The lower price is probably the result of an extremely competitive bid environment as evidenced by the large number of bidders on this project. Staff recommends establishing a 15% contingency as this project involves extensive underground excavations which typically have a higher degree of unknown issues associated with them including utility conflicts and unknown soil conditions differing from the as -built plans. The work necessary for the completion of this contract consists of: • Installing perforated subdrain and related structures and connecting to existing storm drain system on Newport Hills Drive. ® Repaving the street area affected by the subdrain construction. Various Storm Drain Improvements -- Award of Contract No. 4966 March 13, 2012 Page 3 Installing a new grate catch basin in the vicinity of 227 Bayside Drive and connecting to an existing storm drain. ® Installing a Stormtech detention basin at 32nd Street and Seashore Drive. The low bidder, RYE possesses California State Contractors License Classification of "A" as required by the project specifications. A check of RY Engineering Works' references indicated satisfactory completion of similar projects in the past. Pursuant to the contract specifications, RY Engineering Works will have 45 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) (maintenance activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The 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: Director A. Location Maps F-4 tj LOCATION MAP VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO.4966 PROJECT LOCATION z m 0 0 a -i CD CITY HALL o 32ND STREET ID ZI ? � 30TH 32ND STREET AND SEASHORE DRIVE LOCATION MAP VARIOUS STORM DRAIN IMPROVEMENT PROJECTS CONTRACT NO.4966 0- °r ycy Q GFO /> PROJECT LOCATION�� PAYSIDE DRIVE �o LOCATION MAP VARIOUS STORM DRAIN IMPROVEMENT PROJECTS PROJECT CONTRACT NO.4966 �L NEWPORT HILLS DRIVE WEST W, I