Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-5116 - Tidegate Retrofit and Upgrades
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 13, 2014 Bali Construction, Inc. 9852 Joe Vargas Way South EI Monte. CA 91733 Subject: Tidegate Retrofits and Upgrades — C-5116 Dear Bali Construction, Inc.: On February 12, 2013 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 February 26, 2013. Reference No. 2013000117108. The Surety for the contract is Safeco Insurance Company of America and the bond number is 070014021. Enclosed is the Faithful Performance Bond, Sin Iy, eilan1 I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 * www,newportbeachca.gov Originals issued: 2 "JsACL-1 I -I i i• "—I: BOND NO. 0700140211 The premium charges on this Bond Is $1,602.00 being at the no of $ 12.65 thou sand of the Contrast p io& WHEREAS, the Clty Council of the City of Newport Beach, State of California, by motion adopted, awarded to Ball Construction, Inc., hereinafter designated as the "Principal", a contract for construction of TIDEGATE RETROFITS AND UPGRADES, Contract No. 6118 In the City of Fewwpod Beads, its strict conformity with gra plants. drawbo, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated heroin by this reference. WHEREAS, PW44W has exacted or Is about to misoute Contract Mm 6118 and the terns thereof require the famishing of a Bond for the faithful peAcmla ice of the Contract NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America duly authorized to transact business under the Was of the State of Calliftle as Surety Qwekrattw `Surety"), are held and firmly band rutrr the City of Newport Beach, in the sum of One Hundred TWsnty-Six Thousand, Six Hurufrod Twenty and 08800 Dotare ($126,820.00) lawful money of the United States of America, said sum being equal to 100% of to estimated amount of the Contract, to be paid to the City of Newport Beach, Its and for which priment well and truly to be made, we bind ourselves, our heirs, exawtore and adminedratars, sucoassors, or assigns, jointly and severally, firmly by these presets. THE CONDITION OF THIS OBLIGATION IS SUCH, OW t the Pdncipai, or the PrincWe heft, eroeccutors, administrators, successors, or sssigM fall to abide by, and well and truly leap and perform any or all the work, covenants, conditions, and agreements In the Contract Doamwanta and any alteration thereof meds as therein provided on Its part, to be leapt and performed at the time and in the marcher therein specified, and In all respects according to its true Intent and meaning, orfaft to kderruft defend, and save harmless the City of Newport Beach, Its officers, amployese and agents, as therein stipulated, then, Surety will faithfully perform the sane, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shat become null and void. FE As a part of the obiig W seared hereby, and in addition to the face amount apedfied In this Pehiormenoe Bond, there shall be included coats and reasonable epenees and fees, including reasonable attorneys fees, Incurred by the City, onty in the evert the City Is required to bring an action In taw or equity against Surety W enforce the obliged= of the Bari. all In the event that the Prfnclpal mmuted this bond as an Individual, it Is agreed that the death of any such Pdndpol shell not exonerate the Surety from ids obligaliona under this Bond. Ball Conafh edon, Ina. (PrinclpA Safeco Insurance Company of America Name of Surety Attn: Surety Dept 1001 4th Ave., Suite 1700 Seattle WA 98154 Adder of Surety 206.473-3799 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED t r 'mail,: Aut horked Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title 01 AND $URUf MUST BE ACKNOt#"DGMENT *ON "Mae *owns aaaso* news Enna asee someone a*aNo* aago ago Non wagon owe a Masao aa*aa*Mama ■. side of CalHamis County of } a& On ' 1 `d'i2 -Wre me r v DMA -WWe, �� � N�,r Public, personally appeared If��, Proved to me on the basis of satisfactory evidence to be the persons) whose names) Is/am subscribed to the within instrument and acknowledged to me that hetahellhey executed the same kr hWwlftk authorized capacity(aes), and that by hbfiw *#Glr s(s) on the instrument the persorr(s), or the entity upon beha i of which the perabn(s) acted. executed the Instrument. 1 oertify under PENALTY OF PERJURY under the laws of the State or Caftmla that the foregoing paragraph is true and correct. WITNESS my hand and offidel seal. TRINA MARIE SA (�l/,�jq i(/1j "�v1r�G.✓ niW. /,,��-L�l, lesion z 1mPublic California=SMY Los Angeles County , tf„h1`pn�{„{J tlriRp,� Comm €xoires Aug27.2015+ Signature taean an**■■*a*a**a moo aONO a*aa*a*aMao a*a a s some seas gem *aa Dean we a NON% a am a Nam ** Nona Mona . 0107MkALWPORMA71ON *: 777=111111 Type or INe of Document Number of Pages In Document Document In a Foreign Language Capacity of Signer: —Trustee Power of Adomey —CEOI CFO 1 OOO President / Vios4'reaident 1 Secretary / Treasurer — O1her: *'I 31 ❑ Cho* ft” v no IhumbpMM orspnpKtat ON avalaw • *X amen a"Name YYMass Sao /Y// Same /Y a YYYN a".. Mae awns, saw am a a a a ON Name/YY Y YYY was on wagon, State of California County of Marin ) W, on July 16, 2012 before me, Donna J. Frowd Notary Public, personally appeared Debbie L. Walsh proved to me on the bask of edsfactory evidence to be the person(,) whose names) Were subs bed to the within instrument and acknowledged to me that IKlf/eheltkay axaaned the some to hisita/their authorized capacity(*&), and that by 6dsfharRiadr sig s) on the Instrument the pareon(a), or the entity upon behalf of which the person(a) acted, executed the Instrument, I mft under PENALTY OF PERJURY under the larva of Nrs State of California that the foregoing paragraph is true and coned. dONNA J. FROWD 0 �-F°ra rom 4, #1868131 D 4 n.Jrq,M RING COUNTY ORNIA o My Cmrm 6pirrs ocher aa, 2x13 '� nYYgYYYYYaaaY Ya•Yaanamme Yamall//aaanmma•Ya•I YYa Yllma YaYY■/aYYaamn mYaY/Yea aYYY1 •,Jti1 't.'� a� Dete of Document Type or Title of Document Number of Pages In Document Document In a Foreign Language Type of Sadefaciory Evidenw. Persare0y Known with Paper tdenOfkatlon _ Paper Identltloatlon —Credi6b Wib+aea(es) Capacity of Sigh. `Trustee — Power of Atbmey —CEO l CFO 1 COO President /'Via-Preeldem / Secretary / Treasurer _ Other. 32 Thumbprint of Signer p 0"h•rss no enmbprM •r*W@q d In avpmeis Originals issued: 2 City of Newport Beach T)DEGATE RETRt�FiM AND UPGRADES Contract No. 511¢ BOND NO. 070014021 The premium charges on this Bond is $1,602.00 being at the rale of $ 12.65 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Balt Construction, Inc., hereinafter designated as the "Principal", a contract for construction of TIDEGATE RETROFITS AND UPGRADES, Contract No. 5116 In the City of Newport Beach, in strict confbu* with the pians, 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. 5115 and the terms thereof require the fumishkrg of a Bond for the faithful performance of the Contract NOW, THEREFORE, we, the Principal, and Safeco Insurance Company of America duly authorized to transact business under the laws of the Stake of Calftania as Surety (herainafter "Surety"}, are geld and firmly bound unto the City of Newport Beach, in the am of One Hundred Twenty -Six Thousand, Six Hundred Twenty and 00/100 Dollars ($126,620.00) lawful money of the United States of America, said sum being equal to 100% of time 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 severalty, firmly by these present. THE CONDITION OF THIS OBLIGA71ON 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 time 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 fags 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. EE As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, More shall be included costs and reasonable expenses and fees, including reasonable atomays fses, 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. Surely, 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 affed 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 to to the specification. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and atfed for one (1) year following the date of formai aoxepWoe of the Project by the City. In the event that the Principal executed this bond as an individual, it Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 76th day -of July 2012. Safeco Insurance Company, of America Name of Surety Attn: Surety Dept. 1002 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surety 206-473-3799 Telephone Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR ANDU$ RETY MUST BE ATTACHED Ell ACKNOWLEDGMENT •RRrGteRsre ee/Ib MrReuee Rl4R irblleeb Rleiurr bMlYeeu Rell4u Yieiee1H14M URtu11i11aerRRre State of California County of t Xi } as. On 13 t'2 before me,-V1YlGt 1� %i IB ��� Notary Public, personally appeared if rt Et�Y'�1 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/shetthey executed the same in hia/her/their authorized capacity(ies), and that by his/herAheir signatures(s) on the Instrument the person(s), or the entity upon behalf of which the persbn(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the forgoing paragraph is true and correct. WITNESS my hand and official sea[. TRINA MARIE SAMBAS Commission # 1949981 z �P "s`` d Notary Public - California Los Angeles County ~ My Comm Exwres Aug27, 2015 Signature {seat} f••see4f••fbb Yf R4i4Reee44e R•■ReeH ee4b••of RRW4rreRiY eR 4Ri Rbbf W44•tie RY abf eRi lel OPTIONAL INFORMATION Data of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of SafthictDry EvIdenow. — Personally Known with Paper Identification Paperl Idenliftatlon Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary I Treasurer Other. Other Info oration: Thumbprint of Signer Chock here if no thumbprint or Amgsrpdat Is available, ACKNOWLEDGMENT MYep ell YYlYtlpe pYtltlpu aYtl YtluYveY/Ytl111YYYtlpYeROgtlYY YYet Yll Yetlp Yq Petl tltltlYllYtltl Ye YAesv State of California County of Marin ) ss. On July 16,, 2012 before me, Donna J. Frowd Notary Public, personally appeared Debbie L. Welsh proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/am subscribed to the within Instrument and acknowledged to me that ?Wshelthey executed the same In his/her/their authorized capaoity(ft), and that by blatherldwir signatures(a) on the Instrument the person(a), or the entity upon behalf of which the person(a) 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. DONNA J. FROWD S ';y COMM. #1866131 'X' Y P+J0LIC-CALIFORNA MARiN COUNTY my n:'n�E.Pre Oa.bei 22, 2013 S (96tln ptl•epppp•uYYYtlY•aYpupuYuepa uepYY•ese YYae ueeepppeYp•uYueuaYapYYYe•eYeu 0MONAL INFORAlATM Type or Title of Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identificatlon Paper identification i Credible Wimess(es) Capacity of Signer: T Trustee Power of Attorney — CEO 1 CFO l C00 President / Vice-Preskient / Secretary / Treasurer Other. Other Information: 32 Thumbprint of Signer ❑ ctnad hwoff no thumbprint or ftwMNnt FS V*kb1ft c31 OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 2, 2013 Bali Construction, Inc. 9852 Joe Vargas Way South EI Monte, CA 91733 Subject: Tidegate Retrofits and Upgrades - C-5116 Dear Bali Construction, Inc.: On February 12, 2013, 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 February 26, 2013, Reference No. 2013000117108. The Surety for the bond is Safeco Insurance Company of America and the bond number is 070014021. Enclosed is the Labor & Materials Payment Bond. Sincerely, V4�U y Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1768, Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-beach.ca.us Premium: Included in Performance Bond Originals issued: 2 ktL9;(q,�1" • a a BOND NO. 070014021 1011192T_at =+a J WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Bats Conatruction, Inc., hereinafter designated as the "Principal," a contract for construction of TIDEGATE RETROFITS AND UPGRADES, Contract No. 6148 Inthe 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, Principe! has executed or Is about to execute Contract No. 6116 and the terns 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, THEREFOREWe the undersigned Principal, and, Safeco Insurance Company o) America duly authorized to transact business under the laws of the State of CaTifomia, as Surety, (referred to herein as `Surety"} are held firmly bound unto the Cfty of Newport Besch, In the sum of One Hundred T*wft4bc Thousand, Six Hundred Twenty and 001100 Dollars ($126,620.00) lawful money of the United States of America, said sum being equal to 100° of the estimated amount payable by the City of Newport Beach under the terns of the Contract for which payment well and truly to be made, we bind ourselves, our hake, execukrrs and adminietrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that 0 the Principal or the Principal's subcontractors, foil to pay for any materials, provisions, or other supplies, knplemenfe or machkery used In, upon, for, or abort 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, withhold and paid over to the Employment Development Department from the wages of employees of tha Principal and stboontac tors pursuant to Section 13020 of to Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the some, 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 tlm Civil Code of the State of California. KK The Bond shall Inure to the bane* of any and all persons, companies, and corporations enctied to Me claims under Section 3181 of the Calftnta Civil Code so as to gime a right of action to thorn or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 3247 at. seq. of the Civil Code of the State of Caftnia. And Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alleratione or additions to the terms of the Contract or to the work to be peftmed theneunder or the spedtications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such charge, extension of time, afterations 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 Boni. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of July 2012. Batt Construction, Ino. (Principal) Safeco Insurance Company of America Name of Surety Attn: Surety Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surely 206-473-3799 Telephone 11111111M - +: a�►_�. .mss Debbte L. Welsh, Attorney -in -Fact Print Nam and Titre NOTARY ACKNOWLEDGMENTS OF COTt2ACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT Names a Yam alae memo a a a as Names a a a as Name ONO. Kum allo am me a my. Names on" a a a OOP a a agog.. am$ State of Caffornla County of 1. on �1 1£5-( TVtY7i Ytti✓V Notary Public, personally spared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hetshelthey executed the awns in hiaiherRheir authorized capacity(les), and that by histherltheir sfgnstures(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 comect. WITNESS my hand and official seal. _ TR1NA M RIE SAMBAS Commission # 1949961 "-d Notary Public - California Los Angeles County My Comm Expires Au 27,2615 Signature low any as a a on am memo a* Room. No a a as a awns a see a usage ame eua ago am a Names at aee am mea an mages♦ � i m Yat...l:aill2tJ Date of Document Type or Title of Document Number of Pages In Document Document In a Foreign Language TYPO Of SaftkCtDIY EVIC1011CW Plamoradly ftm with paw Paper Identification Credible Whiness(es) Cape* of Signer. _Trustee Power of Attomay CEO ICFO ICOO President! Vice -President! Secretary! Treasurer _Other: Other Information: 35 Thumbprint of Signer p cnacknarex rwfhrt ortktparyr6rt Ia avaflebls. ACKNOWLEDGMENT asaataaaa•■p0esa a.Up**aaapas •a•as aaan of a ataaefpw W snow al a sa• a a• a asa a as am ansa nal State of California County of Marin on July 16, 2012 before _ Donna ♦ Notary Publk; personally appeared •'r• Weigh proved to me on the bast$ Or satisfactory avtdenoe to be the person(s) whose names) lafspe subscribed to the within Instrument and acknowledged to me that he/sherthey executed the same In NWherAk* authorized capacity(ies), and that by histherAksir signaturesN) on the Instrument the person(s), or the entity upon behalf of which the pemon(o 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. ,-a - Signature 1 r r DONNAJ-FROWD g O & y { OOi2Y ,u PauaMUBUC1 C6i3i 13pTAiiFORNiA $ MARIN COUNiJiY d h^Y Cbm»n. Expres OCWCer ]2.2073 Baan as onto aaan Rasa al0 Nowa a a a a a a a aana a an an a 000 al all as a 0 a a 00 a• as Noon a a a&"*a a an nes OPY70MAL INFORMATION Date of Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper IdentNication —Credible Witnesses) Capacity of Signer: Trustee Power of Attorney _ CEO 1 CFC 1 COO President Vlcs Presktant 1 Secretary f Treasurer — Other. Otter informatiott: RM Thumbprint of Signer ❑ ChadcMroN no thwnbprMt or erverOnt Is avap®bte. THIS POWER OF ATTORNEY IS NOT VAI UNLESS IT IS PRINTED ON RED BACKGRC ID. .This Pourer of Attorney limits the acts of those named hi ,, and they have no authority to bind the Company except in manner and to the Certificate No., First National Insurance Company of America General Insurance Company of America - Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, DEBBIE L, WELSH; DONNA J. FROWD; DONNA L. WELSH{ MICHAEL BROPHY MCGOWAN; SUSAN J. MCGOWAN.....,_,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„»_, all offneCity of .NOVATO ,-- state of -- CA each individually dthembemorethmone named, ft truearid lawful aftomey-in-fact to make, execute, seat, acknowledge and deliver, for and on its behalf as surety and as Its act and dead, any and all undertakings, bonds, recognizareas and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subsoated by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ran day of JULY 2012 . First National Insurance Company of America Zl fX20 l TSS til i 1 xS ;fit General Insurance Company ofAmedca 'F Safeco Insurance Company of America a C By: 4 'd iGregory Davenport, Assistant Secretary STATE OF WASHINGTON ss 'Q L5 COUNTY OF KING n cc C ti On this fah day of JULY 2012before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National a tJ Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America, and that he, as such, befogauthorized so to do, execute the u V C foregoing instrument forthe purposes therein contained by signing on behaff of the corporations by himself as a duly authorized officer .E IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and yearfirst above written. c dV . -, , Qs•, � O v By: 6/L>i"iyy��t .—. d C KD Riley. Notarybiic ?� a ti j C E O ��„ : Q B t= ;a This Power of Attorney is merle and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, General 2 c w w insurance Company of America, and Safeco insurance Company ofAmerica, which are now in full force and effect reading as foilews� .L., w ,C d ARTICLE N - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and 0 a p c subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deiiver as surety any and all undertakings, bonds, recogn'rzances and other surety obligations. Such aftemeys-in-fact, subject to the limitations set forth in their respective pavers of attorney, shalt have fullpower to bind the Corporation by their signature and exacuted, such instruments shall be as binding as H signed by the President and j a Y- attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the a> v v Chairman, the President or by the officer or officers granting such power or authority, N C? > Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W, , Ott, Assistant Secretary to appoint such m 0 3 attomeys-'sn-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bands, reagnizances and o;' Z other surety obligations. 0 r — eo Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary .0 of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in miction with surety bands, shelf be valid and biding upon the Company with the lama force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company ofAmedca, and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAthimey executed by said Companies, is in full force and effect and has riot been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 thday of July 20 12 re t �,a j��'et�f axpr,"w `s irxf By: David M.Carey' AselsamSecretary POA-FNICA, GICA& SICA LM81287, 091012-3Companp C-s<!�. BALICON-01 JCASTLE A` L' CERTII-I OF {—IABILI I I INSURANCE � �y 1 DA 41301 DDIYYYY) 4/30/2013 THIS CERTIFICATE IS ISSUED AS A MATTERIOF-FNIATION OI LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEzXTr D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TH C#RtlI; KATE HOI DLR.Er i IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu _of_such __endorsement(s). _ PRODUCER M W R Insurance Services ("`-' P.O. Box 11 Sierra Madre, CA 91025 NAME: Joe Castle PHONE 626 294-1009 _Fax c No Ext: ( ) -„ =Vc No: (626) 445-4521 E-MAIL — -- ADDRE_SS: __ INSURERS) AFFORDING COVERAGE NAIC k INSURER A: Gemini Insurance Company 108_33 INSURED Bali Construction, Inc. 9852 Joe Vargas way S. EI Monte, CA 91733 INSURER B: Starr Indemnity & Liability Company INSURER c: Continental Casualty Company 20443 _ INSURER D: Greenwich Insurance Company 22322 -- INSURER E: _ INSURER F: GOVERAGES GEKIIHIGA It: NUMBER: 4015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THWHICH ETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR ._.. TYPEOFINSURANCE R R POLICY NUMBER POLICYEFF MMIDDNYYY POLICYEXP MWDDYYYY LIMITS L LI._ GENERAL LABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL �LIABILITY CLAIMS -MADE I ^ I OCCUR X X VCGP020636 4/30/2013 4/30/2014 PREMISES Ea occunence $ 50,000 _ MED EXP (Any one person) $ 5,000 X Owner's & Contractor PERSONAL &ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. 17 POLICY PRO LOC PRODUCTS - COMPIOP AGO $ 2,000,000 B AUTOMOBILE X LIABILITY ANYAUTO X X SISIPCA08260713 4/30/2013 4/30/2014 COMBINED SINGLE LIMIT _(E aawdent $ 11000,000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA BAB X OCCUR OCCURRENCE $ 10,000,000 _EACH AGGREGATE $ 10,000,000 C j( EXCESS LIAR CL_AIMSWADE L4030640240 4130/2013 4/30/2014 DEO X RETENTION$ _ $ WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? � NIA WC STATU- OTH- TORY LIMIT E E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ - (Mandatory in NH) If yes, describe under - EL DISEASE -POLICY LIMIT $ DESCRIPTIONOFOPERATIONSbersy D Prof/Pollution PECO039999 1!3112013 1/31/2014 See Below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Professional Liability $1,000,000 Limit(Aggregate $25,000 SIR- Pollution Liability $2,000,000 Limi6Aggregate $25,000 SIR Re: Shoreciiffs Road Catch Basin Modifications, Reef Point Parking Lot Biofiltration System and Los Trancos Creek Maintenance; Contract No. 5287. City of Newport Beach and its officers, officials, employees and agents are named as additional insured as respects to liability while acting within the scope of their duties as respects to the named insured's operations per the attached CG2010 1001 & CG2037 1001 and on the Auto Liability, per the attached form. This insurance is Primary and Non -Contributory per the attached. Waiver of Subrogation applies to General Liability, per the attached CG2404 (10193) and on the Auto Liability, per the attached form. City of Newport Beach Office of the City Clerk 3300 Newport Boulevard Newport Beach, CA 92663 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6p -b "EP2/y ©1988-2010 ACORD The ACORD name and logo are registered marks of ACORD All richt¢ roservnd Policy Number: VCGP020636 CG 201010 01 Insured Name:BALI CONSTRUCTION INC Number: 17 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT; COMMERCIAL PROJECTS ONLY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after; (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 10 01 Page I of 1 Policy Number: VCGP020636 CG 20 3710 01 Insured Name: BALI CONSTRUCTION INC Number: 16 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY • 0 1 IMIT"" 1:144 9:4 119juNA I Is This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT Location And Description of Completed Operations: COMMERCIAL PROJECTS ONLY Additional Premium: INCLUDED (It no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations hazard". CG 20 3710 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 11 Policy: VCGP020636 CG 20 0104 13 Insured Name: BALI CONSTRUCTION INC Number: 30 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 0104 13 1 of I Policy Number: VCGP020636 CG 24 0410 93 Insured Name: BALI CONSTRUCTION INC Number: 20 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 11 t ��iiFjVE Official Records, Orange County RECORDING REQUESTED BY AND Renee Ramirez, Assistant Clerk -Recorder WHEN RECORDED RETURN T513 VAR -6I1HN 111� (III1�1 1�1 III 11illl III II I' !II NO FEE *$ R d Q d 5 6 2 9 1 7 7$* City Clerk CF-OZ01300011710811:26 am 02126113 City of Newport Beach TF m41MAf N12 1 3300 Newport Boulevard Tyr,qpS,, 00 0.00 0.00 0.00 0.00 0.00 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 Bali Construction, Inc. of South EI Monte, California, as Contractor, entered into a Contract on July 10, 2012. Said Contract set forth certain improvements, as follows: Tidegate Retrofits and Upgrades — Contract No. 5116 Work on said Contract was completed, and was found to be acceptable on February 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. BY Public Works 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 I M, BY City Clerk at Newport Beach, California. 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 Bali Construction, Inc, of South EI Monte, California, as Contractor, entered into a Contract on July 10, 2012. Said Contract set forth certain improvements, as follows: Tidegate Retrofits and Upgrades — Contract No. 5116 Work on said Contract was completed, and was found to be acceptable on February 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. M Public Works 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 WA at Newport Beach, California. City Clerk OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 13, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Bulkhead and Seawall Repairs (Contract No. 4897) • Irvine Avenue Median Landscape Improvements (Contract No. 5035) • Tidegate Retrofits and Upgrades (Contract No. 5116) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely,A" Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard � Post Office Box 1768, Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us CITY NEWPORT BEACH City CouncliStaff Report g Agenda Item No. February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Peter Tauscher, Associate Civil Engineer 949-644-3316, ptauscher@newportbeachca.gov APPROVED: TITLE: Tidegate Retrofits and Upgrades — Notice of Completion and Acceptance of Contract No.5116 On July 10, 2012, City Council awarded the Tidegate Retrofits and Upgrades project to Bali Construction, Inc., for the total bid price of $126,620.00 plus 15 percent for construction contingency allowance. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 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 Perormance Bond one year after Council acceptance. FUNDING REQUIREMENTS. Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Tide and Submerged Lands 7231-02502009 $138,135.00 Total Construction Cost: $138,135.40 Tidegate Retro:its and Upgrades — Notice of Completion and Acceptance of Contract No.5116 i'-ebruary 12, 2.013 1'age 2 ]El CU utON: $ 126,620.00 Actual cost of bid items constructed: $129,960.00 Overall Contract CostlTime Summary $8,175.00 Final contract cost: _ $ 136,135.64 Contract Time Contract Award Final Cost at 1 Benchmark Actual J Time Under{-} Amount Completion (( Target Contract or Over {+} $126,620 00 $138,135.00 15% or less }9.1 % 54*s) The work necessary for the completion of this contract consisted of replacing deteriorated manually operated tidogates with new self-operating tidegates and hardware units at 11 locations throughout the Balboa Peninsula and Balboa Island. By design, the new self-operating tidegates operate by opening and closing as a result of pressure changes due to tidal fluctuation, thus reducing operation costs associated with a manual tidegate system. 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: $ 126,620.00 Actual cost of bid items constructed: $129,960.00 Contract change orders: $8,175.00 Final contract cost: _ $ 136,135.64 The final overall construction cost, including one change order, was approximately 9.1% above the original bid amount. The change order was for replacing two deteriorated concrete storm drain collars, building a concrete stem wall, and installing a new storm drain outlet. A summary of the project schedule is as follows: Estimated Completion Date per July 2012 Baseline Schedule: November 21, 2012 Project Awarded for Construction: July 10, 2012 Completion Date from Award with Approved Extensions: February 8, 2013 Actual Substantial Construction Completion Date: January 31, 2013 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA') pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment . 2 Tidegate Retrofits and Upgrades - Notice of Completion and Acceptance of Contract No.5116 February 12, 2013 Page 3 PTICINCa: 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. Public Works Director Attachment: A, Location Maps LOCATION MAP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO, 5116 PRO Tff LOCNIIONS "All 'FRW Gf LOCATlm"�\ j"v BALBOA ISLAND LOCKFIONS s LOCATION MAP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO. 5116 PROM'T FW80A MAO j BAY AVENUE LOCATIONS 5 LOC-ATION MAP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO. 5116 RIVO ALTO I-OCATIONS 0 CITY CLERK Sealed bids may be received at the office of the City Cleric, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 AM on the 27th day of June, 2012, at which time such bids shall be opened and read for TIDEGATE RETROFITS ARID UPGRADES Title of Project Contract No. 5116 $ 156,000.00 Engineer's Estimate by ' Stephen G. Badurn Public Works Director Prospective biddefs 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, Project Manager at (949) 644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httg://www.Newr)ortBeachCA.go CLICK: Online Services /Bidding & Bid Results City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 TABLE OF CONTENTS NOTICEINVITING 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 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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. M 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. Contractor's License No. & Classification G 06 Z /Z Date C. 12 TIDEGATE RETROFITS AND UPGRADES 1:!J1111:4:40 We, the undersigned Principal and Surety, our sucoessors and assigns, executors, helm and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a Charter city. in the principal sum of Ten Percent of Bid Amount --- Dollars ($ 10% of Bid Amt. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the oonstruction of TIDEGATE REMORTS AND UPaRAOES, Contract No. 6178 In the City of Nawport Beach, is accepted by the City Council of the City of Newport Beech and the proposed contract Is awarded to the Principal, and the Principal falls to execute the Contract Documents in the form(s) preacribed, including the required bonds, and original insurance certificatas and endorsements for the construction of the project within thirty (30) calendar days after the date of the mulling of Notification of Award, otherwise this ob#gatlon shall become null and void. If the undersigned Principal executing this Bond Is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 27th day of Ju 672. Bali Construction, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 71 Stevenson Street, Suite 600 San Francisco, CA 94105 Address of Surety 415-537-2512 Telephone Authorised Signaturelritle Authortaed Ag Signature Donna J. Frowd, Attorney -in -Fact Print Name and Title (Notary acknoMedgment of Principal & Sttrefi► must be attached) 1CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of MARIN On June 27, 2012 before me, Donna L. Welsh , Notary Public, personally appeared Donna J. Frowd who proved to me on the basis of satisfactory evidence to be the person(s) whose name(* islare subscribed to the within instrument and acknowledged to me thatA3te/shefthehy executed the same in his/her/their authorized capacity(ies), and that by his/her/them' signature(s) on the instrument the person(,$), or the entity upon behalf of which the person(3s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature �— °� i CCM'A #1862401D NOTARY W48:.10 -CALIFORNIA s� MAR?N COUNTY MyCowni.Expires September 6,2 �^•^�+,�°f�,'°`� =mow ^�� rn O CL d a to Y d C y C O r L O Cr v m O G1 > d � 0 .N O i L do o; C L 0)0 M C Ea � v ca c > L Z v THIS POWER OF ATTORNEY IS NOT VAL' INLESS IT IS PRINTED ON RED BACKGRG .0. 4.902542 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MICHAEL BROPHY MCGOWAN, SUSAN J. MCGOWAN, DONNA L. WELSH, DONNA J. FROWD, DEBBIE L. WELSH, ALL OF THE CITY OF NOVATO, STATE OF CALIFORNIA................................................................ , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY MILLION AND 00/100************************************ DOLLARS ($ 30,000,000.00**************************** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV- Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 4th dayof October 9011 SAFECO INSURANCE COMPANY OF AMERICA BY David M. Carey, Asgrgiant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 4th day of October , 2011 , before me, a Notary Public, personally came David M. Carev, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF` I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. � ���C�J BY Tere a Pastella, Notary Public CERTIFICATE I, the undersigned, Vice President of.Safsco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my frame and affixed the corporate seal of the said company, this ____27th day of T in n a 961 9 -------- Gregory W. Davenport, Vice President rn rn O C .y O .Q M _ 0. v� >'W d C E O CL Q M O� d C 3M OE aM No t o O C > d =a 3 >� yo st 00 N '~ M 00 vT- H e ACKNOWLEDGMENT ■■■■■rrr■ a ■■■■■■■■■r■rr■■r■ u■■rr■rr■r■■■■■r■■■■■■■■■■■■■r■rr■rrrr■rr■■■■■■■■� State of California County of Los ,q„ fj,_j,y _)SS. On 3DInL q711111 � o t before me, Pen ry Chcy ov; Gh f3%krW , Notary Public, personally appeared _ 61 + LV o e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HENRY CH E) BURGE Commission # 1949467 Notary Public - California Z Los Angeles CoZ unty a g ture MY Comm. Expires Aug25.2015 (seal) ■ ■ ■ ■ ■ 1 ■ ■ ■ ■ r ■ r r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ r ■ ■ r ■ r r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ ■ ■ 1 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: 112 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 DESIGNATION OF SUBCON"rRACTOR(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.) ntractor's Information Bid Item Description of Work °i° of Number Total Bid FAddress: V//F Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: 60,x- GonS+CIAGA4011 /71nC. V ,C.0 (.e Bidder Authorized Signatur&fFitle 8 City of Newport Beach ,rIDEGATE RETROFITS AND UPGRADES Contract No. 5116 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. o, i Consort<_ �i on , In 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 S0Lk'F� Wt5A CoI I LAC' l - of I Project Description M 5 S ,4c- Lk+%cS C b S LkN i-1 S Approximate Construction Dates: From A LAY, aO I I To: M Ay ao 1 Q Agency Name_ L A c c t> - 1- C,,, sc. I pl e - Gn G Contact Person S+eyC 1<� i ball Telephone (chi) 3? 3 - 36 -7.7 Original Contract Amount $ 1, b0i00vFinal Contract Amount $ I , $N If final amount is different from original, please explain (change orders, extra work, etc.) CkM/Nht ordcfS 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. .01 No. 2 Project Name/Number L Ct&Z`�c r 14' 1 Sc. h 00 ip- 02 q Project Description S f fc, </l I; Approximate Construction Dates: Fromsem4 apio To: S�A'I" cZ01 Agency Name Ce i -i n eI VG,I I ev Un l v,J a,- If, S pan {Cow &I', CL rs G . C. Contact Person G"'1 D Scv) C.�cZ Telephone (6Z`) Original Contract Amount $ 314 i30oFinal Contract Amount $ 7 30, 50 If final amount is different from original, please explain (change orders, extra work, etc.) p�cker5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number c.I1-�Iawer C C0551 nog 10-CIR Project Description U4' I 1 � iCS / Ca^CrtCpner4C J Approximate Construction "Dates: From J -" a ab 10 To: 73a^ Agency Name C'-� 0'F Ackc1an�t0, Contact Person U1/ ► S b n So Telephone g a- 3 6 5 Original Contract Amount $ q`15i A5�Final Contract Amount $ qq I 1 19(v If final amount is different from original, please explain (change orders, extra work, etc.) C a^ pie o Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number L Qcc. L bf-•aA Ar}s Cam QtkS (t7 - 018 Project Description s i +e_ Lki j Approximate Construction Dates: From J wu- 1 9l 010 To: �NIy a.0 Agency Name LOf)1 CGD /hO�CAI-thy C0A4rwC+!0 G.C. Contact Person M -, kc_ 1= I ; C k Telephone (q4q) 3 5 5 - qo a$ Original Contract Amount $1444-151 Final Contract Amount $ 5 "� D , 5H 1 If final amount is different from original, please explain (change orders, extra work, etc.) C k Am tt* orale/ Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number _ H&r by t UCLAPvkt^j �+r,.c.41 f- 10 - O1 uI Project Description Si+L Uri Approximate Construction Dates: From 3ont 2.o 10 To: Agency Name C olh4-t i LA Uc0} of �t�bl; W orky 4tt'scl PkC�?S CJnS� G.C. Contact Person ICe-I ly Lrkw-form. Telephone (Gaq) gS of - n 111 Original Contract Amount $360, 00u Final Contract Amount $ Li 16.9 00 F If final amount is different from original, please explain (change orders, extra work, etc.) C k rAtl q c. 0 rol.cr Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Pa. r u_s 131 v00r, Project Description 5+ot M Pro►ie , RecIuyA-�v Approximate Construction Dates: From t `doly To: May 1 a01 a Agency Name Porgy of !-us AniticN iG ton+(0'66o Cor? G. c, Contact Person S� &W n Telephone (562.) 760 - 03 H 9 Original Contract Amount $ I, V01;Final Contract Amount $ '6a01 AA4 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ►� Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial sufficiently comprehensive to permit an appraisal of conditions. / Bo. l', COnS►�rv�L�yn t TnC. Bidder 12 ent and other infor tion t]6c 1tor's cwent cial V ; Lf, p r c 5'► cic�'� City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 NON -COLLUSION AFFIDAVIT State of California ) l_oS A �1 ) ss. County of '"� �S ) G,-4 WoO, being first duly sworn, deposes and says that he or she is y;ct ?cw. ;rlen of NC.%*I. Cung� /Kc f?v�, 'J -cL, , 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 conferencewith anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State Califor ' at th oregoi is true and correct. Cons%r"j,",� Tnc. ViL, re"dle,+ Bidder u rized Sigib-dure/Ufe Subscribed and sworn to (or affirmed) before me on this; V'�day of 7W)C 7W) 2012 by %,-r 5krje Nof'y,.7 P,461k_ , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. HENRY CHEYOVICH BURGE [SEAL] Commission # 1949467 =4 :•� Notary Public - California z Los Angeles County My Comm. Expires Aug25, 2015 13 the laws of the State of California that the t Public My Commission Expires: dK AZ j X01) City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 DESIGNA"CION OF SURETIES Bidders name ba k*% , l nom. 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): M W R Tn S,�ran�Q Sery�ce5 51 fr . N1�1��n�'I^0� 17riv� Arcwlkj o., CA q 1.00(0 CorMen 1cc)•r,)ZG\ - %roPker 16 SOA- <o Tn s Cori ? t\^y o; 71 54tvc,ion s \4e 6ocD C-iSCo r CA gkloS DO -Ink -r-t'owx — qK— 84:z- logo 14 City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 1;cki Lon 54 rKc -, pn 11 1n c . Record Last Five (5) Full Years Current Year of Record '5A0 -to 3"TF Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 10, Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 i� PV.0LtR sty 16 101 lyq �13 Total dollar Amount Amount of a�3oo,00o Zz,Bsi,b�q Zo�415i,2 2?���, t� 33 , s6 10 01 Cao � Contracts (in Thousands of $ No. of fatalities No: of lost Workday Cases � c( No. of lost workday cases involving permanent transfer to another job or termination of employment The information reauired for these items is the same as reauirpd for columns 3 to B. Cern Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 10, Legal Business Name of Bidder D NV% Cons4 rt,,LV m I enc-. Business Address: Ags� F. ?oc�wWO-q— rholtfCA 01(433 Business Tel. No.: 62 G - N L/ 2 - 800i State Contractor's License No. and Classification: Cj A L4 5 L4 0 A Title S Co r ?or -. ; un The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of� b, dder Date Title S;gnature• of b;d;ler Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of 'the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On June 27, 2012, before me, Henry Cheyovich Burge, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the persono) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(jes), and that by his signature(o on the instrument the person(/), or the entity upon behalf of which the person(K'), 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. HENRY CHEYOVICH BURGE Commission # 1949467 IL wi Notary Public - California i Los Angeles County M Comm. Ex ires Au 25, 2015 + en Cheyovic urge, Nota Public OPTIONAL Description of Attached Document TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: Capacity (ies) Claimed by Signer SIGNER'S N ❑Individual ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is NUMBER OF PAGES CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On June 27, 2012, before me, Henry Cheyovich Burge, Notary Public, personally appeared Grant Wood who proved to me on the basis of satisfactory evidence to be the person(?) whose name() is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ig,S), and that by his signatureW on the instrument the person($), or the entity upon behalf of which the person('), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HENRY CHEYOVICH BURGE Commission # 1949467 Notary Public - California z Los Angeles County ' n Cheyo��tary ublic M Comm. Expires Aug25, 2015 OPTIONAL Description of Attached Document TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNER (S) OTHER THAN NAMED ABOVE: Capacity (ies) Claimed by Signer SIGNER'S ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General nAttornev —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is NUMBER OF PAGES or-IFT11" General Engineering Contractor BALI SINCE 1987 9852 E. Joe Vargas Way So. El Monte, CA 91733 Phone: 626.442.8003 www.baliconstruction.com LIC# 524540 Main Fax: 626.442.8315 Estimating Fax: 626.242.1517 Operations Fax: 626.442.1269 City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 ACKNOWLEDGEMENT OF ADDENDA Bidders name T� *X% Con5+r,(- -► on .Ln c.. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 17 City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor; Company or Corporation: Business Address: qg5 a E • S0e- Vag c*S U1c.Y 30 • C-1 r''I&n-k ICA q 1333 Telephone and Fax Nurnber: 624 — y, -I a — i oo California State Contractor's License No. and Class (REQUIRED AT TIME OF AWARD) Original Date Issued: Tc� I I I0t9$Expiration Date 626 — 4y2 — 9315-- .5Q T-C� 2, Ci 201 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ,AA -+ ,4+AIN5ottij "-�Aor The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Gdok, Vpre SId41+ (1%Sk& VMrgcnl t.ro.y S� �� wo e cA9f =i> 626 - gci2— ?Do3 Corporation organized under the laws of the State of IT -9 Ca t �Por1) 1, CP,, The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows.: 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 rovide: Provide the names, addresses and telephone numbers of the parties; /,--- //:�q 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? I so, explain. A/0�. //-?-- For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 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) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. 7cc 170 % o0N (Print name of Owner or President T ora#ionlCompan�y , 1 .> (A11 C O n St rhL 1 06 1. n C CCS \ CLCA+ Bidder Authorized Signature/Title T f-5 I &,Erb* Title o6 r a--� / � a Date On 5v,^C- a 7 t1 2v r1 before me, 14c^ry GhtYo�`c,ti 17 ^rte , Notary Public, personally appeared ICA t? 01 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/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. �;dfor �(SEAL) o ry Public in sai State My Commission Expires: Ak--ti;Z 4", Zv 14T 20 HENRY C-YOVICH BURGE Pe— Commission # 1949467 Z :'d Notary : uoi c - California Z Los Angeles County M Comm Expires Aug25, 2015' City of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 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 CRR of Newport Beach TIDEGATE RETROFITS AND UPGRADES Contract No. 5116 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this /� day of LAV/, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and BALI CONSTRUCTION, INC., ("Contractor") a California corporation, 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 furnishing and installing TideFlex tide valves and Checkmate check valves, removing existing corrugated outlet pipes, installing new outlet pipes, connecting to existing storm drain systems, and installing a new catch basin. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5116, 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 Twenty -Six Thousand, Six Hundred Twenty and 00/100 Dollars ($126,620.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 CONTRACTOR Bali Construction, Inc. 9852 Joe Vargas Way South EI Monte, CA 91733 626-442-8003 626-442-8315 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior 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. a. 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 Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 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 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. Requirements not Limiting Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 99 G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 Date: 7/z -V/4- Aaron /L -Aaron C. Harp City Attorney�1 ATTEST: Date: eak �Am— Leilani I. Brown City Clerk ®� V-W� i, U Y4 r CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chartgr City Date: <C�� v y: Nancy Gardi Mayor BALI CONSTRUCTION, INC. a California Corporation By: (Corporate Officer) Title: President Print Name: Ted Polich Date: By: (Financial Officer) Title: Vice President Print Name: Gran Woo Date: 11 e, 28 Originals issued: 2 gb of NewDod Beach Contract No. 6116 BOND NO. 070014021 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,602.00 being at the rate of $ 12.65 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach. State of California, by motion adopted, awarded to Bali Construction, Inc., hereinafter designated as the 'Principal", a contract for construction of TIDEGATE RETROFITS AND UPGRADES, Contract No. 5116 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. 6116 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, wa, the Principal, and Safeco Insurance Company of America . duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surao, are held and firmly bound unto the City of Newport Beach, In the sum of One Hundred Twenty -Six Thousand, Six Hundred Twenty and 001100 Dollars ($126,620.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein speed, 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. Pk"] As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (t) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16th day July 2092 Ball Construction, Ina (Principal) Safeco Insurance Company of America Name of Surety Attn: Surety Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surety 206-473-3799 Telephone Irl Pa1�rAn�,Pr�tnatoiri— AuthoI Signaturarl"Itie Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT vav avveea0m v9 em ova vameevvm mppa saves vv vmepmveo ae eaaemtl voeevm e0 veva ••tlOaaovv moves State of California County of LA ) as. CC� On —1 -15'12 before me, T"\V 0\(Vi e Wf TVO Notary Public, personally appeared If'(1 &n 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/heritheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRINA MARIE SAMOAS Commission # 1949961 Notary Public - California Los Angeles County a SMy Comm FeNres Aug 27, r Signature 2015 (eeen aevvevm pavom mvmvvvvvavam Dema vvvvmvmvepva vavava mvaa as vovevvemaaavvveavmnovovm ave OPftONAL INFORMA77ON Date of Document Type or Tide of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification _ Credible Witness(es) Capacity of Signer. Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information: 31 Thumbprint of Signer ❑ Chedt hero If no thumbprint orfingerprlM Is avallable. ACKNOWLEDGMENT e m v m v a v m m a a m m m a m mmavavm. a v u m m m momvm•vamamovmamova mumvaam m o m m a mmvvvomv m v m m m a v am. State of California County of Marin } Ss, On July 16, 2012 before me, Donna J. Frowd Notary Public, personally appeared Debbie L. welsh proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istam subscribed to the within instrument and acknowledged to me that PWshe/tbeg executed the same in his/herAheir authorized capacity(im), and that by trielher/tt eir signatures(O 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. VI Signature Dor a J. Frowd (seal) vm vvmmm vvm•ammomm mmova va a av•vmmvommmvmm.oaammmmmvaavvoomoammvmmmmoo umaav aamaav, OPTIONAL INFORMA77ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer _Oer. Other Information: 32 Thumbprint of Signer p cheat here If no thumbprint or fingerprint Is avalrable. ..�\ DONNA D .JaieROWD PUBLIC -CALIFORNIA 0 MARIN COUNTY My Ccn.,Exjp.Omba,22,2013 J (seal) vm vvmmm vvm•ammomm mmova va a av•vmmvommmvmm.oaammmmmvaavvoomoammvmmmmoo umaav aamaav, OPTIONAL INFORMA77ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer _Oer. Other Information: 32 Thumbprint of Signer p cheat here If no thumbprint or fingerprint Is avalrable. Premium: Included in Performance Bond Originals issued: 2 Contract No. 6116 BOND NO. 070014021 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Ball Construction, Inc., hereinafter designated as the 'Principal," a contract for construction of TIDEGATE RETROFITS AND UPGRADES, Contract No. 6116 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. 5116 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 sat forth: NOW, THEREFORE We the undersigned Principal, and, Safeco Insurance Company o) America duly authorized to transact business under the taws 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 Twenty -Six Thousand, Six Hundred Twenty and 001100 Dollars ($126,620.00) lawful money of the United States of America, said sum beim equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, In case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Chril Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 3247 at. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of July , 2012. Ball Construction, Inc. (Principal) Safeco Insurance Company of America Name of Surety Attn: Surety Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surety 206-473-3799 Telephone Aut ftd SignatureRitle Authorized Agen Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED kali ACKNOWLEDGMENT menvmmvmmmmv•vvvmmmevvvumm v vmmmmvvvvv a vuvmvvemvuv an vvmvevvmm mvnnmmm vv vvv vamevvr State of California County of I 1 ss. On T 9-(-2_ tl0 1 me,—TVIVYl I C `y'' & V �� Notary Public, personally appeared Pma )IrDl N 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 h"er/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I Certify under PENALTY OF PERJURY under the laws of the State of Celifomla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRINA MARIE SAM6A5 '" Commission # 1949961 _ �1 a '010 � u`6 b`�1�-. ' lVi r•J a '.® < Notary Public • California i Los Angeles County My Comm Fxpires Au 27, 2615+ Signature (sear) vmmmmvvvmvvvamvmv vm mommmmmmemmm mmv vmmmmmm vm vmvva me ms m mmmmmm vvmmmm mmvm mmmeemmmmt OPTTONAL INFORMA77ON Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification —Paper Identification 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 ❑ cheek here if no thumbprint or fingerprint Is annew. ACKNOWLEDGMENT mmamama.... can ........... mmmmmmaemmm mm ma ma mmmame.......... m........ Fammmmaammae State of California County of Marin )ss. On July 16, 2012 before me, Donna J. Frowd Notary Public, personally appeared Debbie I _ Mfglsh proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/=a subscribed to the within instrument and acknowledged to me that he/she/they executed the same in WWher/tt authorized capacity(iss), and that by bs/haddatr signatures(s) on the instrument the person(a), or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature a (seal) ..hem bbbbmm amabtlbmmbbmbmv pbpb mbbm abm mbabbmbbambm. a..... mb......mpmmbm b00mbmmmml 010770NAL INFORNAMN Data of Document Type or Title of Document Plumber 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: Thumbprint of Signer ❑ Check here lr no thumbprint or fingerprint Is available. DONNA J.FROWD COMM. #1866131 NOTARY PUBLI"ALIFORNIA MARIN COUNTY J My Comm. Exp'res October U. 2013 (seal) ..hem bbbbmm amabtlbmmbbmbmv pbpb mbbm abm mbabbmbbambm. a..... mb......mpmmbm b00mbmmmml 010770NAL INFORNAMN Data of Document Type or Title of Document Plumber 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: Thumbprint of Signer ❑ Check here lr no thumbprint or fingerprint Is available. N d) d C ea THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 546291 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. First National Insurance Company of America General Insurance Company of America Safeco Insurance Company of America POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America are corporations duly organized under the laws of the State of New Hampshire (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, DEBBIE L. WELSH; DONNA J. FROWD; DONNA L. WELSH; MICHAEL BROPHY MCGOWAN; SUSAN J. MCGOWAN..................................................... all of the city of NOVATO ,state of CA each individually if there be more than one named, its true and lawful attorney -in -fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companiesand the corporate seals of the Companies have been affixed thereto this 101h day of JULY 1 2012 0(8(0 E CO\gtyECO "'\ 2Y�oeto �P9y923 a noy 1953a.$AMP`'� :�JK�H P`+N� °1 : b?� rbs r tla� STATE OF WASHINGTON as COUNTY OF KING First National Insurance Company of America General Insurance Company of America Safeco Insurance Company of America By: Gregory W. Davenport, Assistant Secretary On this 10th day of JULY , 2012 , beforeme personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of First National W Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America, and that he, as such, being authorized so to do, execute the > foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a1 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. 0 This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, GeneralI N Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows: :5 ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and y, subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Corporation to make, execute, '= seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their v respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and ol attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the d' Chairman, the President or by the officer or officers granting such power or authority. Y Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and hasnot been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 thday of Ju1Y , 20 12 0(se ya GF COya3 � 19538g`n*F')t aJ�HAMWN`d�itlG�� '��'S a tl�1 POA - FNICA, GICA & SICA LMS_12874_041012-3 Company David M. Carey, Assistant Secretary vun"�` By: F/I.JLL LCL,f.—, d N KD Rile ry nAn, 11. This Power of Attorney is made and executed pursuant to and by authority of the following By-law and Authorizations of First National Insurance Company of America, GeneralI N Insurance Company of America, and Safeco Insurance Company of America, which are now in full force and effect reading as follows: :5 ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and y, subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fad, as may be necessary to act in behalf of the Corporation to make, execute, '= seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their v respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the President and ol attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the d' Chairman, the President or by the officer or officers granting such power or authority. Y Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and biding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of First National Insurance Company of America, General Insurance Company of America, and Safeco Insurance Company of America do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and hasnot been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 thday of Ju1Y , 20 12 0(se ya GF COya3 � 19538g`n*F')t aJ�HAMWN`d�itlG�� '��'S a tl�1 POA - FNICA, GICA & SICA LMS_12874_041012-3 Company David M. Carey, Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL TIDEGATE RETROFIT AND UPGRADES CONTRACT NO. 5116 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. 5116 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 E 3 Lump Sum Mobilizatippn and Demobilization 5`E(/EN7"-e/ % @ 7WO4/ Dollars and Cents $ 17 COO, Per Lump Sum Lump Sum Traffic Control @ p/Il"7,"" 1/1/� Dollars zZA�? Ce is $ QO 04 Per Lump Sum �- Lump Sum Existing Site Documentation @ oNE 7'#194 sA V Dollars and Zt/�y Cents $ AUO�.1�0 Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE LI 5 7. E 14 Each Remove. and Replace Sign @ p/y--" `k* -0 W r/41 Dollars Cents $ //0 ao $ j, 5,YO, Old Per Each 225 L.F. Remove Existing Outlet Pipe @5�'/ Dollars Cents $ 70 476�7 $ 15,70'c- OD Per Linear Foot 11 Each Remove Existing Tide Gate @,-NI't HA0�,rEj> %, p�-y Collars ents Per Each 50 L.F. Install 10" SDR -35 Outlet Pipe And Pipe Anchor _ @ pNEflwlypjPc� fwF�/y Dollars and z �ieO Cents $ / o ao $ � Ooo' e o Per Linear Foot 150 L.F. Install 12" SDR -35 Outlet Pipe And Pipe Anchor @ oNE NvNo,Pt��' R� Dollars and Zt� Cents $ l3U�D $ 19,3oD,ao Per Linear Foot 70 L.F. Install 18" SDR -35 Outlet Pipe And Pipe Anchor/ @0A1,0 ii►'DRc1�Dollars Z2 and Cents $ 13y $ ov Per Linear Foot PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 Each Furnish and Install 10" CheckMate Check Valve @ jNWFF 7, Va sr vJ Dollars and Cents Per Each 11. 3 Each Furnish and Install 12" CheckMate Check Valve @ fvu,PTllv�/sANJ Dollars and Cents Per Each 12. 1 Each Furnish and Install 16" CheckIVIate Check Valve @ Fi(/c' TNOd-,W/v Dollars Zc p� and Cents Per Each 13. 1 Each Furnish and Install 18" CheckMate Check Valve @SiX�f/ofDollars ,7and Cents Per Each 14. 1 Each Furnish and Install 12" 35-1 Flanged TideFlex Valve @ fkle TflO�.lgri�/V Dollars ;��o and Cents Per Each 15. 1 Each Furnish and Install 18" 35-1 Flanged TideFlex Valve @£iGN%f/odS�yli Dollars and Cents Per Each $ 3 4700 $ 3 6v0, 00 $ q� 1)017 .90 $ ZiOC7(� do $ $ ,�,OyD.�� $ 61 000. me> $84000.,o $ 8 UOD, o0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 3 Each Furnish and Install 12" TF -1 TideFlex Valve @ U01— rAod5f1N-)> Dollars Z Zoe &,I and Cents $ 3,,0z7'0-,0,0 $ 9010, vD Per Each 17. 100 S.F. 4" PCC Sidewalk @ TWA/ Dollars E� C7 Ceand nts $ 20.00 $ 21000,010 Per Square Foot 18. Lump Sum Provide Temporary Valve and Manual Pumping @�p1p j/�OvS/1N.1� Dollars —Cents $ 2, 000.,0-c2 Per Lump Sum 19. Lump Sum Provide As -Built Plans @ rViF tl1//to - ) Dollars and Z LW, Cents $ 50C�, 0� Per Lump Sum 20. Lump Sum Remove All USA Markings And Restore Surfaces @ S�� '�E� Dollars �c-2 and Cents $ BOO. 00 Per Lump Sum PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS p/1 j� jlt/NViPE1� TtaE/Vlys%�ds�9Nl� S %aC %�N/✓V�P£� T�t%E�(/ Dollars and ZCents $ % 2 61 620. DO Total Price (Figures) oG/a7//a Date 1 ,01ctl 626 - ycl a - gors 626 - qc/2 - g;1 T VV / V i C.L Bidder's Telephone and Fax Numbers Bidder's Authorized Signature and Title 5a Ll 5 L/ v E V kr,,ws L-vo.y Su . I Mn Ar- (=A Q 1 Bidder's License No(s). Bidder's Address and Classification (s) Bidder's email address: Co/)5jrAC�;(M , Com, Last saved by tsandefur05/31/2012 9:38 AM is\users\pbw\shared\contracts\fy 11-12\c-5116 - tidegate retrofit & upgradesUnaster proposal.doc 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS TIDEGATE RETROFITS & UPGRADES CONTRACT NO. 5116 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 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 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 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 7-8.4.3 Storage of Equipment and Materials in Public Streets 5 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 6 7-8.7.2 Steel Plates 6 7-10 PUBLIC CONVENIENCE AND SAFETY 6 7-10.1 Traffic and Access 6 7-10.3 Street Closures, Detours, Barricades 7 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 8 7-10-6 Notice to Residents 8 7-15 CONTRACTOR LICENSES 9 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 9 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 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1.2 Concrete Specified by Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2.1 Reinforcing Steel 13 201-7 NON -MASONRY GROUT 13 201-7.2 Quick Setting Grout 13 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300-1 CLEARING AND GRUBBING 13 300-1.3 Removal and Disposal of Materials 13 300-1.3.1 General 13 300-1.3.2 Requirements 14 300-1.5 Solid Waste Diversion 14 SECTION 304 CHECK VALVES 14 304-5 TIDEFLEX SERIES TF -1 AND 35-1 14 304-6 TIDEFLEX CHECKMATE CHECK VALVE 14 304-6.1 Checkmate Check Valve Installation 14 SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS a C6"63 ka �C 1 t CONTRACT NO. 5116 °®, , INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5367-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. Copies of the City's 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 furnishing and installing TideFlex tide valves and Checkmate check valves, removing existing corrugated outlet pipes, installing new outlet pipes, connecting to existing storm drain systems, and installing a new catch basin." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP2OF15 Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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, one (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 (prior to any markups) 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 Add Section 4-1.3.4 Inspection and Testing "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 SP 3 OF 15 Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3'd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of 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, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: 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. 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 SP 4 OF 15 the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. An additional 20 working days will be allowed for procurement of the new tide gates from the manufacturer. The Contractor shall ensure the availability and delivery 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 4 t 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 the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Flours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. Any day where workable tides are not available during these hours shall not be counted as a Work Day. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working 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 $146 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 SP5OF15 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 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. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" 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 shutdown of water and/or sewer facilities to take place." 7-8 WORK SITE MAINTENANCE 7-8.4.3 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 in advance. 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 SP6OF15 area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 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. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 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 SP 7 OF 15 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)." 7-10.3 Street Closures, Detours and Barricades. 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 (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. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in non-residential 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. 7. 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 SP8OF15 8. 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 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 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. SP 9 OF 15 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. Add the following Sections: "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. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 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 and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project SP 10 OF 15 site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Existing Site Documentation: Work under this item shall include submission of photo records of the existing street end sand conditions and the notation of any eelgrass prior to any disturbance of the existing sand., and all other work items as required for performing the work complete and in place. Item No. 4 Remove and Replace Sign: Work under this item shall include removing and disposing of the existing storm drain outlet sign and fabricating and installing a new aluminum sign, and all other work items as required for performing the work complete and in place. Item No. 5 Remove Existing Outlet Pipe: Work under this item shall include removing and disposing of the existing storm drain outlet pipe from the tide gate vault to the outlet, backfilling with beach sand as required, and all other work items as required for performing the work complete and in place. Item No. 6 Remove Existing Tide Gate: Work under this item shall include removing and disposing of the existing tide gate, including filling any mounting holes with epoxy, and all other work items as required for performing the work complete and in place. Call Tom Miller or James Auger to determine if Municipal Operations would like to salvage any components. Item No. 7 Install 10" SDR 35 Outlet Pipe and Pipe Anchor: 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, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, connections, pipe anchors, sealing seawall penetrations with nonshrink grout, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. SP 11 OF 15 Item No. 8 Install 12" SDR 35 Outlet Pipe and Pipe Anchor: 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, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, connections, concrete collar, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 9 Install 18" SDR 35 Outlet Pipe and Pipe Anchor: 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, coring through existing bulkhead, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, connections, concrete collar, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and 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 10 -Inch Tideflex Checkmate Check Valve: Work under this item shall include procuring and installing a 10 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, ensuring water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. Item No. 11 Furnish and Install 12 -Inch Tideflex Checkmate Check Valve: Work under this item shall include procuring and installing a 12 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, ensuring water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. Item No. 12 Furnish and Install 16 -Inch Tideflex Checkmate Check Valve: Work under this item shall include procuring and installing a 16 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, ensuring water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. Item No. 13 Furnish and Install 18 -Inch Tideflex Checkmate Check Valve: Work under this item shall include procuring and installing a 18 -inch CheckMate check valve including shop drawings, 316 stainless steel hardware, tests to ensure pipe roundness, ensuring water -tight connections using materials and methods pre -approved by the Engineer, and all other work items as required to complete the work in place. SP 12 OF 15 Item No. 14 Furnish and Install 12 -Inch 35-1 Flanged Tideflex Valve: Work under this item shall include procuring and installing a 12 -inch 35-1 check valve including shop drawings, 316 stainless steel hardware and flange, and all other work items as required to complete the work in place. Item No. 15 Furnish and Install 18 -Inch 35-1 Flanged Tideflex Valve: Work under this item shall include procuring and installing an 18 -inch 35-1 check valve including shop drawings, 316 stainless steel hardware and flange, and all other work items as required to complete the work in place. Item No. 16 Furnish and Install 12 -Inch TF -1 Tideflex Valve: Work under this item shall include procuring and installing a 12 -inch TF -1 check valve including shop drawings, 316 stainless steel hardware and flange, and all other work items as required to complete the work in place. Item No. 17 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 18 Provide Temporary Manual Valve and Pumping: Work under this item shall include the means, methods and installation to provide a temporary valve to allow work within the vault during tidal fluctuations. Compensation shall include submittal of methodology to the Engineer for approval prior to installation. A temporary vault pump out system shall be included in this item of work. Item No. 19 Provide As -Built Plans Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 20 Remove all USA Markings and Restore Pavement Surfaces. Work under this time shall include, but not be limited to, removing all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre -construction condition. Sandblasting is not permitted. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 13 OF 15 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE. MORTAR, ARID 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 A 615, A775 and D3963 with 3 -inch minimum cover unless shown otherwise on the plans." 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." 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: http://newportbeachca.gov/index.aspx?paqe=157 and 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 for Public Works Construction 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. SP 14 OF 15 The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. 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. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 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-Y2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." ADD THESE SECTIONS: 304 CHECK VALVES 304-5 TIDEFLEX SERIES TF -1 AND 35-1 Furnish and install Tideflex Series TF -1 and 35-1 check valve per Plans and manufacturer's instructions. All metal hardware shall be 316 stainless steel. No substitutions will be allowed. 304-6 TIDEFLEX CHECKMATE CHECK VALVE Furnish and install Tideflex CheckMate check valve per Plans and manufacturer's instructions. All metal hardware shall be 316 stainless steel. No substitutions will be allowed. 304-6.1 Checkmate Check Valve Installation SP 15 OF 15 Prior to installation, pipe shall be cleaned of any debris that may interfere with the proper seating of the CheckMate valve. Any cracks, holes, or divots created when scraping away debris from the inside of the pipe shall be filled with epoxy so the inside of the pipe is smooth. The Contractor shall verify the roundness of the pipe. The Checkmate valve requires a circular pipe. Any ovaling of the existing pipe will compromise the ability of the Checkmate valve to seal against the side of the pipe. It is the Contractors responsibility to check the pipe prior to ordering any material. If the pipe is found to be out -of -round, the Contractor has the option of installing a smaller diameter SDR 35 pipe inside the existing pipe. The opening of the SDR 35 pipe shall be as close to the existing RCP opening as possible. The new pipe shall be grouted into the existing pipe to ensure a watertight fit and no movement. Once the valve is installed, the Contractor shall check the valve for leaks. If any leaks around the valve are found the Contractor shall be responsible for sealing the edges to ensure a watertight fit. I:\Users\PBw\Shared\Contracts\FY 11-12\C-5116 -Tidegate Retrofit & Upgrades\SPECS C-5116.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: 7/19/12 Dept./Contact Received From: Shari Rooks Date Completed: 7/19/12 Sent to: Company/Person required to have certificate: Type of contract: Shari By: Carol Bali Construction, Inc. All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/30/12 to 4/30/13 A. INSURANCE COMPANY: Interstate Fire & Casualty Company B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ®No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000;000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach Z 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: 4/30/12 to 4/30/13 A. INSURANCE COMPANY: Netherlands Insurance Company B. AM BEST RATING (A-: VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - 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 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 ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/31/12 to 1/31/13 A. INSURANCE COMPANY: Federal Insurance Company B. AM BEST RATING (A-: VII or greater): A++XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 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 ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO WHICH ITEMS NEED TO BE COMPLETED? GL Insurance Carrier is Non -Admitted Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date 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: Apptpv)Dd Risk Management " Subject to the terms of the contract 1) ,z Date BALICON-01 JCASTLE CERTIFICAT'E OF LIABILITY INSURANCE DAT/1212DIYYYY) 7/12/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0893667 M W R Insurance Services P.O. Box 11 Sierra Madre, CA 91025 CONTACT NAME: Joe Castle PHONE (626) 294-1009 FAX rve : (626) 445-4521 AIC No Ext: Ao RILA ESS: INSURER(S) AFFORDING COVERAGE NAIC9 4/30/2012 INSU HER A: I Interstate Fire & Casualty Com pan EACH OCCURRENCE $ 1,600,069 INSURED INSURER B: Netherlands Insurance Company 24171 Bali Construction, Inc. INSURER C.: Continental Casualty Company 20443 INSURERD: 9852 Joe Vargas Way INSURERf S. EI Monte, CA 91733 INSURER F: _ B COVERAGES CERTIFICATE NUMBER: 1146 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MRS LTR rypE OF INSURANCE ADDL B SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CIAIMS44ADE ® OCCUR X Owner's & Contractor X SGL1002940 4/30/2012 4/30/2013 EACH OCCURRENCE $ 1,600,069 AMAG TOR D 60,000 PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATELIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS -COMPIOP AGG $ 2,000,000 $ _ B AUTOMOBILE LIABILITY X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS NON—OWNED X HIRED AUTOS X AUTOS BA6909669 4/30/2012 4/3012013 COMBINED SINGLE LIMIT 1,000,000 Be accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Par accidenn C X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE 4030640240 4/30/2012 4/30/2013 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFIOEWMEMBER EXCLUDED? I �I (Mandatary In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OFOPERATIONS/LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, ifmore space is required) Re: Bali Job #12-025; Tidegate Retrofits and Upgrades; Contract No. 5116. City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named as add itionaI insured as respects to general liability arising out of the named insureds' operations per the attach CG2010 0704 & CG2037 0704. This insurance is primary and non-contributory per the attached. In. regard to cancellation clause, see attached General Liability policy form IL0017 1185. CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Newport Beach City P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department 3300 Newport Boulevard AUTHORIZED REPRESENTATIVE P.O. Box 1766 Newport Beach, CA 92658-8915 �f,w 1 e� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SGL1002940 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person, organization for whom you are Various performing operations when you and such person or organization have agreed in writing a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. 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) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: SGL1002940 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �.., � - i�, ,� � �, �, _ r�, .• � � I_.. - �:. is _ ;�, ,i .� -�,c 1, T ,� -� c:; • i r � • ;: ;� j • r ,1 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART R'WUM19111111122 Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed Opera - tions Any person or organization for whom you Various are performing NON-RESIDENTIAL operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 Policy #SGL1002940 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsernent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART If required under a written "insured contract' with you, paragraph a. Primary Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance is amended by adding the following paragraph: Not withstanding the foregoing, the insurance afforded to any person or organization who has been added to this policy by an Automatic Status Additional Insured Endorsement is primary and non- contributory insurance, but only as respects "bodily injury" or "property damage' liability arising out of .your work" performed after the effective date of this policy under a written contract between you and such person or organization that requires you to maintain primary and non-contributory insurance and to include such person or organization as an additional insured thereunder. ICB-8001 04-05 Policy Number: SG11002940 All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION D. INSPECTIONS AND SURVEYS 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation it we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. b. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy Is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be at- feclive even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. & CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RE- CORDS We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. We have the right but are not obligated to: 1: Make inspections and surveys at anytime; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war- rant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or stan- dards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organi- zation which makes insurance inspections, sur- veys, reports or recommendations. E. PREMIUMS The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive. Until your legal. representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 65 Copyright, Insurance Services Office, Inc., 1982, 1983 Page 1 of 1 0 BALICON-01 JCASTLE CERTIFICATE OF LIABILITY INSURANCE DA 7/12/2012 YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT License # 0693657 M W R Insurance Services P.O. Box 11 Sierra Madre, CA 91025 NAME; Joe Castle PHONE 294-1009 FAx (626) 445-4521 A1C No E 626 ) (AIC No ADDRESS: INSURERS AFFORDING COVERAGE NAIC# I _ INSURERA: Federal Insurance Company 20281 EACH OCCURRENCE $ INSURED INSURER B: INSURER C: Ball Construction, Inc. GENERALAGGREGATE $ 9852 Joe Vargas Way INSURER D: INSURER E: S. EI Monte, CA 91733 INSURER F: COVERAGES CFRTIFICATF NUMBER: 6177 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE AO L 5 D POLICY NUMBER POLICY EFF MM/DDIYYYV POLICY EXP MMIDDM'YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR I EACH OCCURRENCE $ 67�NIAGE TO RENT PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I 0 LOC 2 PRODUCTS - COMPIOP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accitlenl $ BODILY INJURY IF., person) $ BODILY INJURY(Perawidenb $ PROPERTY DAMAGE $ Peramidenl UMBRELLA LIAR EXCESS LIAR Ll OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEIUEXECUTIVEY❑ OFFICERNEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X. 004472410400 1131I2012 1131/2013 X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ 1,006,006 EJ -.DISEASE - EA EMPLOYEE $ 1,600,000 E.L. DIBEASE- POLICY LIMIT $ 1,660,666 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Bali Job #12-025; Tidegate Retrofits and Upgrades; Contract No. 5116. Waiver of Subrogation applies to Workers Compensation Liability, per the attached WC990304 (07108). City of Newport Beach Public Works Department 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ze� U 1V66-2010 AUUKU UUKHUKA I ION. AU rlgnts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ]WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY !WC 99 03 04 (Ed. 7- 00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1/31/2012 Policy No. 004472410409 of the Issued to Bali Construction Co., Inc. Endorsement No. at 12:01 A. M. standard time, forms a part of ]Federal Insurance Company (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 1.00 % of total California premium. Person or Organization Any person or organization to whom you become obligated to waive your rithts of recovery againts, under any contract or agreement you enter into prior to the occurrence of loss. WC 99 03 04 (Ed. 7-08). Schedule Job Description Any person or organization to whom you become obligated to waive your rithts of recovery againts, under any contract or agreement you enter into prior to the occurrence of loss. "t, f ,y, (_ r�; , t l � i " i � i ,a ` 1 t�� i., iii �i� t i • • - • . - 1 1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Tom Sandefur, P.E., Associate Civil Engineer APPROVED: A TITLE: Tidegate Retrofits and Upgrades — Award of Contract No. 5116 ABSTRACT: Staff received favorable construction bids for the Tidegate Retrofits and Upgrades Project and is requesting City Council's approval to award the work to Bali Construction, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications; and 2. Award Contract No. 5116 to Bali Construction, Inc., for the total bid price of $126,620.00 and authorize the Mayor and City Clerk to execute the contract; and 3. Establish a contingency of $18,993.00 (15 percent) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: There are sufficient funds available in the Tide and Submerged Lands Account for the award of the contract. Account Description Account Number Amount Tide and Submerged Lands 7231-C2502009 $ 145,613.00 Total: $ 145,613.00 Tidegate Retrofits and Upgrades — Award of Contract No. 5116 July 10, 2012 Page 2 Proposed uses are as follows: Vendor Purpose Amount Bali Construction, Inc. Construction Contract $ 126,620.00 Bali Construction, Inc Construction Contingency $ 18,993.00 Total: $ 145,613.00 DISCUSSION: The fiscal year 2012/13 Capital Improvement Program includes funds for the Tidegate Retrofits and Upgrades project. This project provides for the installation of new tidegates and hardware to replace existing deteriorated and high maintenance units on Balboa Peninsula and Balboa Island. The project will install tidegates that will operate automatically depending on the tide thus reducing operation and maintenance costs associated with the existing tidegates. At 9:00 A.M. on June 27, 2012, the City Clerk opened and read the following bids for this project: BIDDER Low Bali Construction, Inc. 2 The Richards Group 3 PALP, Inc., dba Excel Paving, Co. 4 GCI Construction, Inc. 5 Mode Engineering 6 Altas-Allied, Inc. 7 Paulus Engineering, Inc. 8 Jeremy Harris Construction TOTAL BID AMOUNT $126,620.00 $139,470.00 $142,479.00 $153,700.00 $178,150.00 $178,150.00 $195,570.00 $199,986.00 The low total bid amount is 24.0 percent below the Engineer's Estimate of $157,750.00. The low bidder, Bali Construction, Inc. possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary for the completion of this contract consists of furnishing and installing TideFlex tide valves and Checkmate check valves, removing existing corrugated outlet pipes, installing new outlet pipes, connecting to existing storm drain systems, and installing a new catch basin. Pursuant to the Contract Specifications, the Contractor will have 30 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Tidegate Retrofits and Upgrades — Award of Contract No. 5116 July 10, 2012 Page 3 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Approximately two weeks prior to starting work, a City prepared notice will be distributed by the contractor to businesses within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to businesses a few days before work will start adjacent to their property. Submitted by: m U. Badum Works Director Attachment: A. Location Map It LOCATION MAP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO. 5116 PROJECT LOCATIONS NORM BAY{RCNi D DD P P P v� PROJECT LOCATIONS Q<vP j a �a9 R� POP4, a 0 r J� P P" OQ PROJECT LOCATIONS P ,� P� P O� OJ D 7z= D SALS®A ISLAND LOCATIONS LOCATION MPTP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO. 5116 PROJECT LOCATIONS ��I"L�—�• ID =0€1_--�teIa BALBOA 6LV�-1€C�C�7mC-SLI BAY AVENUE LOCATIONS b LOCATION MAP TIDEGATE RETROFITS AND UPGRADES CONTRACT NO. 5116 PROJECT LOCATION Z �G O�� PROJECT LOCATION N m 4R 4 q�Tp q<Tp 7 q R��o Rrvp a qR \, q 0 q @q4e0q 0 PROJECT LOCATIONS f RIVO ALTO LOCATIONS 7