Loading...
HomeMy WebLinkAboutC-5556 - Big Canyon and Port Streets Sewer Diversion ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 23, 2015 Bali Construction, Inc. 9852 Joe Vargas Way South EI Monte, CA 91733 Subject: Big Canyon Diversion Project— C-5556 Dear Bali Construction, Inc.: On July 22, 2014, 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 August 4, 2014. Reference No. 2014000311488. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 070017022. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 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 9 www.newportbeachca.gov Original bonds issued: 2 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 070017022 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1,508.00 , being at the rate of $ 12.64 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bali Construction, Inc. hereinafter designated as the "Principal," a contract for the Big Canyon Diversion Project in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand Three Hundred Twenty Three Dollars and 581100 ($119,323.58) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Bali Construction, Inc. Page G1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Wont or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 19th day of March .2014 . �- clerrl Bali Construction. Ina o l Name of Contractor (Principal) Authorized Signature/rifle The Ohio Casualty Insurance Company Name of Surety Attn: Surety Claims Dept. 1001 4th Ave., Suite 1700 SeaH,a W6 9RIt Address of Surety (206) 473,3799 Telephone 1, Authorized Agent S gnature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Bab Construction, Inc. Page C-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 24, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(g) whose nameks) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ies), and that by his signature(sl on the instrument the person(a), or the entity upon behalf of which the person(g), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRINA MARIE SAMBAS I Commission # 1949961 <QMy Notary Public - California Z i Los Angeles County ; Comm. Expires Aug 27, 2015 Q14lax, LL,VA` S��r�� Trina Marie Sambas, Notary Public i................................................................................... 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 ❑Corporate Office — Title(s):_ ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is representing: NUMBER OF PAGES ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/hey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of Marin ) ss. On March 19 20 14 before me, Donna J. Frowd . Notary Public, personally appeared Debbie L Welsh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(#) ish oe subscribed to the within Instrument and acknowledged to me that he/she/R*r executed the same In ftftier/Coelr authorized capacity(ba), and that by tftl her/dgwr signatures(a) on the instrument the person(s), 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 offici seal DONNA J. FROWD D 0, u �� COMM. #2042B38 OUN y?'�" NOTARY FU3LIC-CALIFORNIA a VARI Q Exp,e 0cmbe My Comm. Exp'res Ocmoer 22 2017 Sig re (seal) . Bali Construction, Inc. THIS POWER OF ATTORNEY IS NOT t'" r.ID UNLESS IT IS PRINTED ON RED BACKr^7UND. This Power of Attorney limits the acts of those nam rein, and they have no authority to bind the Company exca the manner and to the extent herein stated. Certificate No. 6348289 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "CompaniesI,.pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Debbie L. Welsh Donna J.Frowd; Donna L. Welsh• Michael Brolft McGowan: Susan. J. McGowan 247 of 300 WS_12&73_M012 alt of the city of Novato , state of CA each individually if them be more than one named, its true and lawful atfomey4n-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, reoognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies m if they have been duty 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 Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November 2013 _ American Fire and Casualty Company r z � °X °'� The Ohio Casualty insurance Company a Liberty Mutual Insurance Company West American Insurance Company C STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary a C N COUNTY OF KING - R f m On this tam day of. November 2013 before me personally appeared Gregory W. Davenport, who acknowledged himselftobe the Assistant Secretary of American R 1 u u of Fire and Casualty Company, Ube Mutual Insurance Company, The Ohio Casualty Co ltY LibertyltY mpany, and West American Insurance Company, and that he, as such, being authorized so b do, >10 p.? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W W16 M C > IN WITNESS WHEREOF, I have hereunto my name and affixed my notarial seal at Seattle Washington, on the day and year first above written. O � R _ ++ p cn i- KD Riley, NoU blic C � a; 0 _ - A OCL E = R This PowerofAtlmmey, is made andexecuted pursuaMto and byaWhorrlyofthe following By-laws and AuthorizalionsofAmeridan Fire and Casualty Company, The Ohio Casualty Insurance Ho y « Company, Liberty Mutual Insurance Company, and NlestAmerican Insurance Company which resolutions am now infull fonx and effect reading as Willem: y 42 0101 ARTICLE IV -OFFICERS -Section 12. Power ofAttorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c Cm to such limitation as the Chairman or the President may prescribe, shall appoint such abameys-in-fact, as rimy be necessary to act in behalf of the Corporation to make execute, seal,, d O E acknowledge and deliverers surety any and all undertakings,bonds, recognizanom and other surety obligation -Such attorneys-in-facL subject to the limitations set forth In their respective. y E tri powers of attorney, shag have full power to bind the Corporation by their signature and execution of any such instruments and to effect thereto the seal of the Corporation. When so 'M y '- +• executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or ahomey-in-fact under > O the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. oo tqr = ARTICLE All -Execution of Contracts - SECTION 5, Surety Bands and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, `r. 0? > m and subject to such limitations as the chairman or the president mayprescrlbe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, _�.M p seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. -Suchattorneys-in-fact subject to the limitations set forth in their= o? Z u respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal ofthe Company. When so u o men ch instruments shall be as binding as if signed by the president and attested by the secretary. C Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretory to appomt such ~ T atlomeys4n-fact as may be necessary to act on behalf of the Company to make, execuK seal, acknowledge and deliver as surety any ad all undertakings, bonds, recognizanoes and other surety obligations. Authorization - By unanimous consent of the Compariys Board of Directors, the Comparmy 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; shag be valid and binding upon the Company with the same force and effect as though manually affixed: I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power ofattomeyof which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full fire and effect and has riot been revoked. IN TESTIMONY WHEREOF, i have hereunto set my hand and affixed the seals of said Companies this 1.9thday of March PO 14 By. r '- •` David M. Carey'Amistant Secretary ,. i ; _ V�"°�. �».,.'"f�• 247 of 300 WS_12&73_M012 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC October 8, 2014 Bali Construction, Inc. 9852 Joe Vargas Way South El Monte, CA 91733 Subject: Big Canyon Diversion Project - C-5556 Dear Bali Construction, Inc.: On July 22, 2014 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 August 4, 2014, Reference No. 2014000311488. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 070017022. Enclosed is the Labor & Materials Payment Bond. Sincerely, gmk- - pov� Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 9 www.newportbeachca.gov Original bonds issued: 2 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 070017022 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bali Construction, Inc. hereinafter designated as the "Principal,' a contract for the Big Canyon Diversion Project in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, In the sum of One Hundred Nineteen Thousand Three Hundred Twenty Three Dollars and 581100 ($119,323.58) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code 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 attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil Code of the State of California. Bali Construction, Inc. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of March , 2014 Bali Construction. Inc_ Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety Attn: Surety Claims Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surety (206) 4733799 Telephone Authorized SignaturelT ie Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bali Construction, Inc. Page B-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 24, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.g) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(i*, and that by his signature�g) on the instrument the person(s), or the entity upon behalf of which the person(g), acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal TRINA MARIE SAMBAS [ Commission # 1949961 ` Z ="n < 't Notary Public - California i Z ' Los Angeles County My Comm Expires Aug 27. 2015 Trina Marie Sambas, Notary Public I ........................................................ a s a . . 9 a a. 0 a... 0 a........... 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 tte Office — Title(s): - ❑ Limited ❑ General v —in -Fact or Conservator Signer is representing: NUMBER OF PAGES ACKNOWLEDGMENT State of California County of On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in NslherAheir authorized capacdy(ies), and that by hislherkheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of Marin 1 ss (seal) On March 19 20_14 before me, Donna J. Frowd . Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istme subscribed to the within instrument and acknowledged to me that Wshettlay executed the same In histherltbe'rr authorized capacity(bes), and that by hWherAlw* signatures(g) on the Instrument the person(s), 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. DONNA J. FROWD D W�IITTj/N�(E/jSS my hand and official 1pal. a >oMti+ azaazeae `�«�•L'. i\ OLAP.. PUB LIFGALIFORNIA O -r V FWA COUNiV J Q My Comm. `xp��res Ocmber 22, 201] Signal: (seal) Donna rowd Bali Construction, Inc. THIS POWER OF ATTORNEY IS NOT t'" ID UNLESS IT IS PRINTED ON RED BACKG"71UND. This Power of Attorney limits the acts of those nam, rein, and they have no authority to bind the Company exct the manner and to the extent herein stated. Certificate No. m^1`90 American Fire and C su C in n Libert M fuel Insurance Com - T a My 0 pa y y u Pan y The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire, that Liberty Mdual Insurance Company is a corporation duly organized Under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (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 chy of Novato state of CA each individually if there be more than one named, its brie and lavdul attorney -m -fact to make, execute, seal; aclmowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undedakings bonds; recogrnizanoes and other surety obligations, in pursuance of these presentsandshag be as binding upon the Companies as H 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 Companies and the corporate seals of the. Companies have been affixed thereto this Jath day of November 2013 - s -- American Fire and Casualty Company Z The Ohio Casualty Insurance Company rat .: Liberty Mutual Insurance Company c J ;jJ WestAmerican Insurance Company w f° By: y� > STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary C COUNTY OF KING L Onthis Jam day of .November nota , before me personally appeared Gregory W. Davenport; who acknowledged. himself to be the Assistant Secretary of American cc G -Fire and CasualtyComps Liberty Mutual Insurance Com u ~ wry, nY parry, The Ohio Casualty Company, and West American InsuranceCompany, and the he, as such, tieing authorized so fo da, a1111 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. - C IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seat at Seattle Washington on the day and year first above written - `O O ant By: �bPa.let o a KD Riley, NoUI4 Public. ,}, C 9 � O_ E This PowerofAtbmey is made and executedpursuamto and by auMoriryofthe following By -lam andAuthonzationsofAmedcanFire and Casually Company, The Ohio Casualty Insurance rap Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions arenow ii full tome and effect reading as follows: On ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose inwnting. by the Chairman or the President, and subject Z C to such limitation as the Ctiaiman 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 deliveras surety any and all undertakings, bonds, recogmzances and other surety obligations. Suchattorneys-in-fact, subject to the limitations set forth in their respective. ,a powers of attomey, shall have full power to hind the Corporation. by Meir signature and execution of any such instruments and to attars thereto the seal of the Corporation.. When so ' executed, such instruments shall be as binding as ff signed by the President and attested to by the Secretary. Any power or authority graded to any representative or attorney -in -tact under y the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. - - i g Cq ARTICLE All - Execution of Contracts - SECTION S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wining by the chairman or the president, `aQ and subject to such limitations as the chairman or the president may prescribe, shad appoint such attomeys-in•fact, as may be necessary to act in behalf of the Company to make, execute, M seal, acknowledge and deliver as surety anyand all undertakings, bonds, reangnizances and other surety obligations- Such attorneys m -fact subject tothelimitations set forth in their c? respective powers of attorney, shag have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When. so 00 executed such instruments shag be as binding as it signed by the president and attested by the secretary. O.'4 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 ant deliver as surety anyand all undertakings, bonds recdgnizances and other surety obligations. - - Authorization- By unanimous consent of the Company's Board of Directors, the Company consents that faceirride or mechanically reproduced signature ofany assistant secretary of the Company, wherever appearing upon a certified copy of anypower 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, - I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West. American Insurance Company do hereby certify that The original power of attorney of which the foregoing is a full, bue and correctoopy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. - - IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of March 20_1 4 w'li^.i�/ r, } ;= ; B s a iVn l s i David M. Carey: Assistant Secretary _ 248 of 300 LMS 12873 092012 - e� c6rd_a ln�fficial Records, Orange County Hugh Nguyen, Clerk -Recorder RECORDING RE RECORDED RETURN TO: [ -� III �IIIIIIIIIIIII II II I I III I I II III II NO FEE WHEN R 0 0 0 6 8 7 5 2 2 6$ City Clerk_ :2014000311488 9:54 am 08104/14 66'406N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION 1 NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Bali Construction, Inc. of South EI Monte, CA, as Contractor, entered into a Contract on February 26, 2014. Said Contract set forth certain improvements, as follows: Big Canyon Diversion Project (C-5556) Work on said Contract was completed, and was found to be acceptable on July 22, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. BY7a_..a./ 'I -0-d Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on VI� �'✓ �l at Newport Beach, California. BY W&'k I - b City Clerk c �oRe4tP� ;�aFVV OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 23, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: Big Canyon Diversion Project (Contract No. 5556) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, pli Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive e Post Office Box 1768 o Newport Beach, California 92658-8915 Telephone: (949( 644-3005 . Fax: (949) 644-3039 . www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Bali Construction, Inc. of South EI Monte, CA, as Contractor, entered into a Contract on February 26, 2014. Said Contract set forth certain improvements, as follows: Big Canyon Diversion Project (C-5556) Work on said Contract was completed, and was found to be acceptable on July 22, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. 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 at Newport Beach, California. BY �A City Clerk p p� <��ORt3tP CITY OF NEWPORT BEACH City Council Staff Report July 22, 2014 Agenda Item No. 3. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: (949) 644-3322 TITLE: Big Canyon Diversion - Completion and Acceptance of Contract No. 5556 (CAP14- 0029) ABSTRACT: On February 25, 2014, City Council awarded Big Canyon Diversion Contract No. 5556 to Bali Construction, Inc. for a total contract amount of $119,323.58. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; and b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: The following table summarizes costs for the project: The final construction cost was 8.9 percent above the original contract amount. Upon initiation of the project, a change in the topography at the outlet of the energy dissipater was discovered. This provided an opportunity to improve the project design with only a modest increase in project cost. The cost breakdown is as follows: % Due Awarded Final Cost at Contingency to % Due to Contract Completion Allowance Actual Contract Change Directed Unforeseen Amount Change Change $119,323.58 $129,975.93 10% or less 8.9% 0.0% 8.9% Allowed Contract Time 15 Actual Time Under (-) 0 (days) or Over + -11 The final construction cost was 8.9 percent above the original contract amount. Upon initiation of the project, a change in the topography at the outlet of the energy dissipater was discovered. This provided an opportunity to improve the project design with only a modest increase in project cost. The cost breakdown is as follows: Actual cost of bid items constructed: $ 86,821.93 Total change orders: $ 43,154.00 Final contract cost: $ 129,975.93 Funds for the construction contract were expended from the following accounts: Account Description Account Number Sewer Diversion Improvements 7541-C7002004 Sewer Pipeline Point Repairs & Lining 7541-C7001002 Total: The project was completed on schedule: Estimated Completion Date per 2013 Baseline Schedule Project Awarded for Construction Contract Completion Date with Approved Extensions Actual Substantial Construction Completion Date Amount $ 117,975.93 $ 12,000.00 $ 129,975.93 5/01/2014 2/25/2014 4/30/2014 4/30/2014 DISCUSSION: Upon finding elevated concentration of selenium in birds and fish in Big Canyon, a study in 2010 revealed that one of the small streams feeding Big Canyon Wash had high levels of selenium. A design to divert this small flow to the sanitary sewer was prepared in coordination with staff from the Orange County Sanitation District (OCSD). The Big Canyon Country Club provided excellent support throughout the project. The contract is now complete to the satisfaction of the Public Works Department. This project, located near the 11th Fairway of the Big Canyon Country Club, has now been completed with the stream's low flow to the sanitary sewer. The diversion appears to have cut selenium concentrations in Big Canyon Wash by at least 50%. The diversion will stay in place during the dry season and will be turned off during the rainy season. While downstream selenium levels have been cut significantly with the completion of this project, staff still anticipates that one future project, to enhance mixing in the golf course lakes, will still be necessary to mitigate the build-up of selenite in the sediments of the lakes. ENVIRONMENTAL REVIEW: Staff found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (minor alteration of existing public facilities) and 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A. Location Map 1✓ FASHION ISLAND 'ROXIMATE TION GATED kNCE TO SITE BIG CANYON COUNTRY CLUB ATTACHMENT A CANYON t•• ••i APPROXIMATE EL ... • LOCATION TO ACCESS SITE -po PGP LOCATION MAP NOT TO SCALE STORM DRAIN DIVERSION I CITY OF NEWPORT BEACH BIG CANYON COUNTRY CLUB ALONG FAIRWAY 11 1 PUBLIC WORKS DEPARTMENT LOCATION MAP C-5556 1 7/22/14 a CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 11:00 AM on the 6th day of February, 2014, at which time such bids shall be opened and read for BIG CANYON DIVERSION Contract No. 5556 $ 1503000.00 Engineer's Estimate Approved by Patriclhomas City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Bidders are invited to attend an optional pre-bid meeting at the project site on January 27, 2014 at 9:00 AM. Pre -registration required. %.vniracror License c; iassitication(s) required for this project: "A" For further information, call Robert Stein, Project Manager at (949) 644-3322 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA._qo CLICK: Online Services/ Bidding & Bid Results City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONSTO 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....................................................................................................................... LABOR AND MATERIALS PAYMENT BOND............................................................ B-1 FAITHFUL PERFORMANCE BOND...........................................................................0-1 PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................SP-1 2 City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 INSTRUCTIONS TO BIDDERS An optional pre-bid meeting will be held at the project site (1 Big Canyon Drive) on January 27, 2014 at 9:00 AM. Please email Kelsey Kenz at kkenz(o)newportbeachca.gov prior to the meeting date if you wish to attend. Please include your name, contact information and the names of any additional attendees. You will be provided with a PDF of a location map and your name will be provided to the Big Canyon Country Club security gate attendant to allow your entry into the community association for the meeting. 2. See Section 2-3 for subconsultant requirements for any replacement or repair of irrigation related work items. 3. Note that the successful bidder is required to order the Baffle Box (Bid item No. 9) at the time of contract award. 4. 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 5. 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. 6. 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. 7. 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. 8. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 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. 10. 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. 11. 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". 12. 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 r Bid er thori Sign ure/Title Date !l City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Bid Amount" Dollars ($ 10% of Bid Amount*** ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BIG CANYON DIVERSION, Contract No. 5556 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. /J // Witness our hands this 4th day of _Bali Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 71 Stevenson Street, Suite 600 San Francisco, CA 94105 Address of Surety (415) 537-2512 Telephone 14. Authd6zed - r �� �.Au tib�'t�tf"Agent Signature Donna L. Welsh, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT ■ a a a a a a a a a a a a a■■ a a a a a a a a a a f a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a N a a a a a a a a a a a a a a State of Caliornia���y�� County of r �1 } ss. On 9�_D -14 before me, TIM "VIC a1 , Notary Public, personally appeared r J l ,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. W TNESS my hand and official sea[. Signature TRINA MARIE SAMBAS Commission # 1949961 Z F:� 1 Notary Public - California z ' ' Los Angeles County D My Comm. Expires Aug 27, 2015 (seal) 0 a a a a a a a a a a a a a a . a a a a a a a a a a a a a a a a a a a a a a a a■■ a a a a a a a a a a a a t a a a a a a a l a a 1 a a a a a a a a a a N 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: 11 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. THIS POWER OF ATTORNEY IS NOT I— ID UNLESS IT IS PRINTED ON RED BACKG^11UND. This Power of Attorney limits the acts of those nam, rein, and they have no authority to bind the Company exce the manner and to the extent herein stated. Certificate No. 6348145 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (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 Brop_hv 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-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 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 Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November 2013 American Fire and Casualty Company f The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company „ W By: STATE OF WASHINGTON ss Gregory VV. Davenport, Assistant Secretary COUNTY OF KING On this 13th day of November 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and 11year hhfirst above written. By: 4q= KD Riley, Not Public This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 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 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 execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and 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 Chairman, the President or by the officer or officers granting such power or authority.. ARTICLE XIII – Execution of Contracts – SECTION 5. Surety Bonds and Undertakings. Any officer of the Company 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 Company 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 Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomeys-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 binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4th day of February -2014 David M. Carey, Assistant Secretary i LMS_12873_092012 103 of 300 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT" State of California County of MARIN On February 4, 2014 before me, Donna J. Frowd , Notary Public, personally appeared Donna L. welsh who proved to me on the basis of satisfactory evidence to be the person(s,) whose name( is/ate subscribed to the within instrument and acknowledged to me that lie/she/tiw*execute d the same in Ws/her/t4ek authorized capacity(ios), and that by Ws/her/tl r- signature(a) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4WZ o-- , DONNA J. FROWD Comm ...... 8 NOTARY PUBLIGCALI=IA Q errd MARIN COUNTY 0 MY Comm. EXP res October 22, 2017 1 ACKNOWLEDGMENT ............................................... ■ ............................. ■ 1 State of California County of On Public, personally appeared SS. before me, Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ............................................................................. 0 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: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: C�/k'� T� Sc� /G I � 12 ����(T�' '�^�/✓ Address:3sl*-d N�ESTLA�tG'E'yTt'P't�i� .s a~r,► 4 NR, 47A ,,JQ,Q1l Phone: 7/41'96.6-60716 � 5 JqO o Wu State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address Bidder /Z /'1_Z V Atfthdrized Signature/Title 8 City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 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 4 Project Name/Number*�2" $ " F1 (4(nJ: (A i, or rty e Nllful Project Description Approximate Construction Dates: From To: �— "H -1'J Agency Name C.A\ o� &C -m1 a Contact Person 0 �M �WO Telephone ('f(y) �� -?13 Original Contract Amount $ 1I-VIN—Final Contract Amount $ 11-21 181 - f5_1 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. 01 No. 2 Project Name/Number��'U�� SGi�1(,U�) 5�1 YW�I�ei S Project Description 8k Approximate Construction Dates: From 12-1 � � 12- To: 5 Agency Name �1 0� Los a GS ' v 463 Contact Person � coci iJ✓�t Telephone 90) q18 " 0a; , Original Contract Amount $V.0,9 2 Final Contract Amount $ 22.0, r73$ ,`11 If final amount is different from original, please explain (change orders, extra work, etc.) S 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% 1 T Project Name/Numbe� I Q- _v37- !� '5 � b((,J Project Description Sot U-� 1 t*s Approximate Construction Dates: From 10- Q -tz To: Agency Name �� �� 0(D5 Contact Person *k 1 k ___Telephone )) Original Contract Amount $ (P'3,940 Final Contract Amount $ FJy I OGS 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. 10 No.4 � ��"+��� —Om* m*yl�1�UDill J I E Project Name/Number Project Description �5 jii✓ -hll�\6 Approximate Construction Dates: From Agency Name (. Uw*, ISGIVIAaon D15i_ 0 (�- LQ) Oar 6, Contact Person Dorm V " W Telephone (310) 1(01 Original Contract Amount $ 642-,-W—Final Contract Amount $ 09A, ��5 ' If final amount is different from original, please explain (change orders, extra work, etc.) L 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 �}2 Project Name/Number4 1�j " ( RIC() yITVAOT� Project Description V i�t � 11 6 Approximate Construction Dates: From `1�2�r(� To: Agency Name Contact Person Nk Vyn Iy i p1 s Telephone Dpi) 29 " 1 �qO Original Contract Amount $Zq, �ql-Final Contract Amount $ 3�'5' tng ; 2-� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 11 Project Name/Number 1cc Project Descriptiony A e U- W i h6 Approximate Construction Dates: From Agency Name To: Contact Person Mc Telephone ( ) �`T�D "Co Original Contract Amount $5�AO- Final Contract Amount $ 5(01 CIOb 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. VJ 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 fina sufficiently comprehensive to permit an apprai conditions. / Cover„&0 DX_ � Bidder //;uthorized Si 12 mz2aother information ans current financial re/Title n , CONSTRUCTION INC. SINCE 1987 JAVIER ORTEGA GENERAL SUPERINTENDENT 9852 E. Joe Vargas Way So. El Monte CA, 91733 Phone: 626.442.8003 www.baliconstruction.com PROFILE General Superintendent in charge of all field operations including allocation of all labor and equipment as required. Other duties / responsibilities include but not limited to: customer relations, purchase of materials, negotiation of change orders and extra work, subcontract and coordination of subcontractors, Request for Information (RFI's), etc. WORK HISTORY 2004 -Current Bali Construction, Inc., South El Monte, CA Field Superintendent • All Field Operations • Scheduling of manpower and equipment • Ordering of Materials • Subcontracts • Change Orders and Extra Work • Schedule Inspections • Customer Relations 1987-2004 Colich & Sons, L.P., Gardena, CA Foreman EDUCATION 1981-1985 Jalpa Zacatecas, Mexico High School Diploma ADDITIONAL QUALIFICATIONS • OSHA 30 Hour • Competent Person Certification • CPR / First Aid SKILLS / AFFILIATION • Member of the Laborers Union #300 since 1987 • Familiar with layout, plans and specs in all areas of construction Addition Information/ References Available Upon Request LIC. 524540 Main Fax: 626.442.8315 Estimating Fax: 626.242.1517 Operations Fax: 626.442.1269 City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of L, An owm ) (211�t L. ZAQ& , being first duly sworn, deposes and says that he or she is I/ jr-e- J n=:'-MV4- of xnnGtrvd•tc�of Dnp, , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to an emm� or age reof to effectuate a collusive or sham bid. �� I declare under penalty of perjury of the laws of the State,6f Cali nia at t 'f egoin is true nd correct. '3c\'. C �vvSfYt�o%Pv1, annc_ Bidder horized nature/Title Subscribed and sworn to (or affirmed) before me on this s day of �•)��� 2014 by (� f� �1 V ��l��L^ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. No ary Public TRINA MARIE SAMBAS [SEAL] ` a Commission # 1949961 r, ry Public -California D My Commission Expires: U k nngeles County y es Aug 27, 2015 13 City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 DESIGNATION OF SURETIES Bidder's name 13,N• Cons-gyaiAa-g z✓)c Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 14 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On February 5, 2014 before me, Trina Marie Sambas Notary Public, personally appeared Grant Wood who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity (ies), and that by his 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. StOZ'LZ 6nV sajldx3 wwo0 /W Ajunoo sala6uV sol a >; Z Z eluwojIle0 - ollgnd Ajg0N Z ``: ' v 1966V61 # u0lsslww00 SVBWVS DIUM VNIR ` 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 ❑Individual ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑ Other: Signer is representing: Trina Marie Sambas, Notary Public OPTIONAL NUMBER OF PAGES City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name _��y, Cons1 rve�;a,. T'hc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 0°��' may. No. of contracts 1� '�� U1 Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases ry �/ J /0 2— J No. of lost workday cases involving permanent YJ(/) /-� �( 0 transfer to "" /(`/'J another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder V Cfi 1' Business Address: 52 t' U v �i I(YRW-/ Business Tel. No.: State Contractor's License No. and r� Classification: Title I The above information was compiled from the reco ds that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Z- 7 - Zo Title Signature of bidder vaLU,-L- - 63 Title Signature of , U V t�) bidder Date Title j 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 ATTACHED] `[:9 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On February 7, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ies), and that by his 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. .ro.. TRINA MARIE SAMBAS Commission # 1949961 Z Notary Public - California Z Z °� Los Angeles County D My Comm Fxpires Aug 27, 2015 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 NAME: ❑Individual ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is 0�1 Ind 11M 16, 5�,le_ Trina Marie Sambas, Notary Public OPTIONAL NUMBER OF PAGES CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On February 7, 2014 before me, Trina Marie Sambas Notary Public, personally appeared Grant Wood who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity (ies), and that by his 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. TRINA MARIE SAMBAS Commission # 1949961 Z Z Notary Public - California Z Z Los Angeles County v " My Comm Fxplres Auq 27. 2015' 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 NAME: de Office — Title(s): - ❑ Limited ❑ General v —in -Fact or Conservator Signer is representing: I I v L' • , Trina Marie Sambas, Notary Public OPTIONA1. NUMBER OF PAGES CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On February 7, 2014 before me, Trina Marie Sambas Notary Public, personally appeared Michael Brooks who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity (ies), and that by his 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. �, o{• Z� TRINA MARIE SAMBAS Commission # 1949961 Notary Public -California Z Los Angeles County D _ My 27 2015. 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 ❑Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact UTrustee ❑Guardian or Conservator ❑Other: Signer is representing: � n' 1yvpC S"_ Trina Marie Sambas, Notary Public OPTIONAL NUMBER OF PAGES City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Cc5y),s,�rL)c�Koof 1:"c The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature l z - Y -/!y I I�;NIN+: - 17 City of Newport Beach BIG CANYON DIVERSION Contract No. 5556 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: f� Name of individual Contractor, Company or Corporation: &\; nyy,;tYucsam Dom_ Business Address: q-(f-IgL Aanfe CA q)7_33 Telephone and Fax Number{ 4Z/-) 94z -&lzc> 4,4Z -V,_1 ► California State Contractor's License No. and Class: :5 , z S46 (REQUIRED AT TIME OF AWARD) Original Date Issued: 9-24- /sRz Expiration Date: Z- ZX- -7,ro.,2) 1V 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: 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 (911) 442-W Corporation organized under the laws of the State of i q ;a _ The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: n 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 the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? if so, explain. No ve you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes /6j 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. px\i Cms bm, IVY Bidder T --CA Polio (Print name of Owner or President of C0930��_M�_ Authorized Signature/Title Vre3(66+ Title A -9-H Date On `Z before me, I1 v wncyt , Notary Public, personally appeared P lC , 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. Notary Public in and for said State My Commission Expires: D '21 ,(r) 20 TRINA MARIE SAMBAS (SEAL) :/ Commission # 1949961 x�.. �'�, Z_ �z ' Notary Public - California i Z v_Los Angeles County D My Comm. Expires Aug 27, 2015 BIG CANYON DIVERSION CONTRACT NO. C-5556 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 26th day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and BALI CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 9852 Joe Vargas Way, South EI Monte, CA 91733, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Big Canyon Diversion Project. The work necessary for the completion of this contract consists of (1) preordering a Baffle Box, (2) distributing construction notices to the golf course and affected residents (3) construction surveying, (4) potholing to identify water and irrigation lines, (5) removing existing landscaping, irrigation, and vegetation as needed for new work, (6) constructing improvements including 6- and 8 -inch pipe, diversion weirs, and manholes, (7) adjusting utility facilities and (8) all other incidental items needed to complete the work shown in the Construction Documents. The contract requires additional attention to clean up of work areas at the close of every day." (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 1. 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-5556, 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"), all of which are incorporated herein by reference. 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. 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. 3. COMPENSATION 3.1 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 Nineteen Thousand Three Hundred Twenty Three Dollars and 58/100 ($119,323.58). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). Bali Construction, Inc. Page 2 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Assistant City Engineer City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Matt Atkinson Bali Construction, Inc. 9852 Joe Vargas Way South EI Monte, CA 91733 6. 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 or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. fi�797�7.�7f71� i��/3i7:7 �71�I[eii7iOI�I3�J 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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, Bali Construction, Inc. Page 3 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (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, attorneys' 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, reckless, 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 for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' 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 Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. Bali Construction, Inc. Page 4 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. Til�rir/_1[�I�7 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. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Bali Construction, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY A TTQjZNEY'S OFFICE Date: 1114 By: Y Aaron C. Harp City Attorney ATTEST: Date: /y Leilani I. Brown City Clerk„_ CITY OF NEWPORT BEACH, a California municipal corporation Date: Y. Ip. 1 y By: 4g=V Rush N. Hill, II Mayor CONTRACTOR: Bali Construction, Inc., a Californi corporation Date: S! ZV %iY By: Ted Polich President , Date: : '1{zvm Nd Treasurer/Se [END OF SIGNATURES] ry Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Bali Construction, Inc. Page 6 1. Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. 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 employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law 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 certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence, ten million dollars ($10,000,000) general aggregate and ten million dollars ($10,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Bali Construction, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 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 City with a copy of the policy. E. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. 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 Bali Construction, Inc. Page A-2 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: 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 other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Bali Construction, Inc. Page A-3 Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A 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. F. 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 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. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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 agreement relating to City or its operations limits the application of such insurance coverage. Bali Construction, Inc. Page A-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with 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 with five (5) calendar days of the expiration of the coverages. Bali Construction, Inc. Page A-5 Original bonds issued: 2 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 070017022 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Bali Construction, Inc. hereinafter designated as the "Principal," a contract for the Big Canyon Diversion Project in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand Three Hundred Twenty Three Dollars and 58/100 ($119,323.58) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 et seq. of the Civil Code of the State of California. Bali Construction, Inc. Page B-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of March 2014 . Bali Construction. Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety Attn: Surety Claims Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98164 Address of Surety (206)473-3799 Telephone Authorized Signature/T' le Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bali Construction, Inc. Page B-2 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 24, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(ics), and that by his signatures) 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. MNA MARIE SAMBAS Commission # 1949961 c ^ . Notary Public - California z Los Angeles County > &1y Comm Expires Aug 27, 2015 Trina Marie Sambas, Notary Public la am ml m m mm m m.a4aaaaaa®mm®mm m m a e m m m m m m f m m a elYammvmmmm m m a m m a m m a e a a o a ame m m e m a i m m m m a a a mm 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 ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is NUMBER OF PAGES ACKNOWLEDGMENT State of California County of )ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of Marin } ss. On March 19 20 14 before me, Donna J. Frowd Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) is/M subscribed to the within instrument and acknowledged to me that kwshe/they executed the same in itis/herHbeir authorized capacity(itas), and that by kWher/Sok signatures(s) on the instrument the person(a), 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 sal. Signet e Donna rowel Bali Construction, Inc. rDONNA J.FROWD Hv� { A COMM 92042038 ti- AaY.Js �O-cALJi ORN;A My Comm. Exp res October22, 2017 (seal) THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND, This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner andto the extent herein stated.. Certificate No, e84e290 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby nam, 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 mom than one named, its true and lawful attorney -m 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 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 Companies and the corporate seals of the Companies have been affixed thereto this 13th dayof'November 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company a :. Liberty Mutual Insurance Company w. West American Insurance Company to C STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary > .: 000NTY OF: KING DOnthis 13th dayof November 2013 before me personally appeared Gregory W. Davenport,. who acknowledged himself to be the Assistant Secretary of American W G' u m Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohm Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, >D.y C execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 'm W > IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notanal seal at Seattle, Washington, on the day and year fust above written EE p O_ res 'KD p i Riley Not Pubic C 3 d C L This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance a. w c ai ie, Company, Liberty Mutual Insurance Company, and West American insurance Company which resolutions are now in full force and effect reading as follows. s O R ARTICLE IV -OFFICERS -Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose mwntng bythe Chairman orthe President, andsubject ..,.ai p:,; a; to such limitation 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, ,. O E 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 •n :3 executed such instruments shall be as binding :asif signed by the President and attested to by the Secretary. Any power or authority granted to. any representative or attorney-in-fact and the provisions of this article may be revoked at any by the Board the Chairman the President or by the officer or officers granting such power or authority. ARTICLE Xfil - Execution of Contracts - SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the presider and subject to such limitations as the chairman or the president may prescribe, shall appoint suchattorneys-in-fact, as may be necessary to act in behalf of the Company to make, execut seal acknowledgeand deliver as surety any and all undertakings, bonds, recognizancesand other surety obligations Suchattornevs-in-fact subiect to the limitations set forth in the L u respective powers. of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company men so 156 executed such instruments shall be as binding as if signed by the president and attested by the secretary. : u O Certificate of Designation - The. President of the Company, acing pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ p attorneys -m 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 Companys Board of Directors the. Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a cemhedcopy 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 1, David M. Carey,. the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19 th day of March PO 14 By: David M. Care)Assistant Secretary 248 of 3n0 LMS. 12873_092012 Original bonds issued: 2 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 070017022 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,508.00 , being at the rate of $ 12.64 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Bali Construction, Inc. hereinafter designated as the "Principal," a contract for the Big Canyon Diversion Project in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand Three Hundred Twenty Three Dollars and 581100 ($119,323.58) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Bali Construction, Inc. Page C-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by 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 19th day of March 12014 . Bali Construction Inc. sie�f r i Name of Contractor (Principal) Authorized Signaturelri le The Ohio Casualty Insurance Company Name of Surety Attn: Surety Claims Dept. 1001 4th Ave., Suite 1700 Seattle WA 9R15d Address of Surety (206)473-3799 Telephone Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Bali Construction, Inc. Page C-2 State of California County of Los Angeles On March 24, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity(.ies), and that by his signature(sl on the instrument the person(s), or the entity upon behalf of which the person(s7, acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRINA MARIE SAMBAS Commission # 1949961 Notary Public - California z Z ' " Los Angeles County n My Comm. Expires Aug 27, 2015' �4 Trina Marie Sambas, Notary Public Ieie...seesseam"i®®G®e®eYsaisemn®a...ammusaw... Nowmass see• fcne®e.Y®eae®ess eeeee ees we 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 ❑Individual ❑Corporate Office — Title(s):_ ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact []Trustee ❑Guardian or Conservator ❑Other: Signer is NUMBER OF PAGES ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of Marin ) ss. On March 1Q 20 14 before me, Donna J. Frowd , Notary Public, personally appeared Debbie L Welsh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/she/t1i" executed the same in hWher/Yieir authorized capacity(Na), and that by tea/her/tom signatures(a) on the instrument the person(s), 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. r / ootvNa J. FRowo y OVUM 12G4283& Q NO NO ARY 21 LC- CALIFORNIA MARI 'OUNiV a"�sOcmeer 22. 2C�7 � Signa re (seal) Bali Construction, Inc. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT PRINTED ON RED BACKGROUND. 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 6348289 { American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcan:Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshirethat Liberty Mutual Insurance Company is a corporation duly organized underthe laws of the State of Massachusetts, and W✓restAmerlGan Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively Gaited the 'Companies"), pursuant to and by authonty 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 tine and lawful attomey m fact to make execute seal acknoudedge and deliver, for and on its behalf as surety and as its act and deed, an and undertakings, bonds recro nuances an r Y 9 . 9 d 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 attestedby the secretary of the Companies in their own proper persons. I T IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th ` day of November 2013 American Fire and Casualty Company o The Ohio Casualty Insurance Company y Liberty Mutual Insurance Company d; West American Insurance Company 'C� d $ m = By: STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary C: .+" COUNTY OF KING ito On this 19th day of November 2013 before me personally appeared Gregory W. Davenportwho acknowledged himself to be the Assistant Secretary of American (11 O m Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such being authorized so to do, to M p� :execute the foregoing instrument for the purposes therein contained b signing on behalf of the corporations b himself as a dun authorized officer. 9 9 P P Y 9 9 p Y y 'd W' y > 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 . E E l. ra C .N m By: p p d KD Riley, Not Public ° 3' w; This PowerofAttoraey is made and: executed pursuant to and by authoMy ofthe following By-laws and Authorizations ofAmerican Fireand Casualty Company, The Ohio Casualty Insurancey O E'. it I v .�.. Company, Liberty Mutual Insurance Company, and WestAmeracaritnsufance Company which resolutions are now in full force and effect reading as follows t c. R d ARTICLE IV -OFFICERS Section l2. 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 ai. `p O: .0 w to such limitation 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, OE. acknowledge and deliver as surety any and all undertakings,bonds, recogrnzances and other surety obligations. Such attorneys -in -fact subject to the limitations set forthmtheirrespecgve. 'a 4) E powers of attorney shall have full power to bind the Corporation by their signature and execution of any such. instruments and to attach thereto the seal of the Corporation When so '� m w O w executed, such instruments shall be as binding as Isigned by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-infant under a : Tthe. provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority a) — a iia C ARTICLE XIII Execution of Contracts SECTION 5. Sure Bonds and Undertakings. An officer of the Company authorized for. that purpose in writing b the chairman orthe resident Surety 9 Y P Y P P 9 Y P to limitations the the `� ar.. ` and subject such as chairman or president may prescribe shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make execute E c4 .>- p ' 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 rip: . executed such instruments shall be. as binding as if signed by the president and attested by the secretary, a ;- I O� I 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 I - attomeys-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, recogmzances and other surety obligations, r Authorization - By unanimous consent of the Companys 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 powerof attorney issued by the Company in connection with surety bonds, shall be valid and binding: upon the Company with l the same force and effect as though manually affixed I, David M Caray,.the undersigned, Assistant Secretaryof American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West '.. American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the PowerofAttomey executed by said Companies, is in full force and effect and has not been revoked.. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 19 thday of March 20 14 By:L David M. Carey'Assistant Secretary 247 of 300 LMS 12973 092012 p Original bonds issued: 2 CITY OF NEWPORT BEACH BOND NO. 070017022 MAINTENANCE BOND Premium: Included in Performance Bond WHEREAS, the City of Newport Beach, State of California ("City'), has awarded to BALI CONSTRUCTION, INC., a California corporation hereinafter designated as the "Principal," a contract for the Big Canyon Diversion Project located at One Big Canyon Drive, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, Contract No C-5556, which is Incorporated herein by this reference. WHEREAS, Principal has executed the Contract and the terms thereof require the furnishing of a bond, providing that Principal will guarantee, for a period of one (1) year, the Work performed as part of the Contract from and against all defects in materials, equipment and workmanship; and WHEREAS, the Contract also provides that the Principal shall secure Principal's obligations during the one (1) year period with a bond executed by a surety duly admitted in the state of Califomia; and WHEREAS, the Work under the Contract has been accepted by the City, and the City, Principal and Surety agree that the commencement date for this Guarantee and Bond shall commence upon the recordation of the Notice of Completion with the Orange County ClerktRecorders Office. NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Nineteen Thousand Three Hundred Twenty Three Dollars and 58/100 ($119,323.58) lawful money of the United States of America, 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 shall, for a period of one (1) year from and after the date of completion and acceptance of the Contract by City, repair and/or replace any and defects arising in the Work, whether resulting from defective materials or defective workmanship, then this obligation shall be null and void, otherwise it will remain in full force and effect. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way 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. Maintenance Bond Page 1 Whenever Principal shall be, and declared by City to be_ in default under the Contract, the Surety shall, within thirty (30) days following City's written notice of default, provide the City a Notice of Election to either (a) remedy the default, or (b) shall promptly complete the Contract in accordance with its terms and conditions, time being of the essence to this Bond. The Surety shall state the date of commencement of its cure or remedy of the Principal's defaults) or it performance of the Contract. The Surety's obligations for cure or remedy, include, but are not limited to: correction of defective Work and completion of the Contract, additional legal, design professional and delay costs arising from Surety's actions or failure to act, and liquidated damages (or if no liquidated damages are specified in the Contract Documents, actual damages caused by delayed performance or non-performance by the Principal). The Surety shall give prompt written notice to the City upon completion of the cure or remedy of the Principal's default(s) if its performance of the Contract. Surety shall save the City harmless from any claims, judgments, liens or losses arising from the Surety's failure to either remedy the default or to complete the Contract in accordance with its terms and conditions in a timely manner. Whenever the Principal shall be, and declared by the City to be in default under the Contract, which shall include without limitation, any breach or default of the Contract, then, after written notices from the City to the Surety, as provide for below, the Surety shall either. (a) remedy the default or breach by the Principal; or (b) shall promptly and faithfully take charge of the Work and complete the Work in accordance with the requirements of the Contract with a contractor other than the Principal, at its own expense, and make available as work progresses sufficient funds to pay the costs of completion less the unpaid balance of the Contract including other costs and damages for which the Surety may be liable hereunder; provided, however, that the procedure by which the Surety undertakes to discharge its obligations under this Bond shall be subject to the advance written approval of the City. 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. [SIGNATURES ON NEXT PAGE] Maintenance Bond Page 2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of March , 2014 . Bali Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety Attn: Surety Claims Dept. 1001 4th Ave., Suite 1700 Seattle, WA 98154 Address of Surety (206) 473-3799 Telephone Authorized Signature/Title Authorized Agent Signature Debbie L. Welsh, Attorney -in -Fact Print Name and Title [END OF SIGNATURES] NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Maintenance Bond Page 3 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On March 24, 2014 before me, Trina Marie Sambas, Notary Public, personally appeared Ted Polich who proved to me on the basis of satisfactory evidence to be the person;w whose name(g) is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity, and that by his signatureo on the instrument the person( -g), 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. TRINA MARIE SAMBAS _ ;/ •..a Commission # 1949961 Notary Public - California z Z :P._. `�;^` Los Angeles County D My Comm. Expires Aug 27, 2015 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 NAME: ❑ Individual F-1 Corporate Office — Title(s): ❑Partner - ❑ Limited ❑ General ❑Attorney —in -Fact ❑Trustee ❑Guardian or Conservator ❑Other: Signer is representing: ��ocEkv�' Qalkj Trina Marie Sambas, Notary Public OPTIONAL NUMBER OF PAGES ACKNOWLEDGMENT State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (seal) State County of Marin ACKNOWLEDGMENT ss. of California On March 19 20 14 before me, Donna J. Frowd Notary Public, personally appeared Debbie L. Welsh who proved to me on the basis of satisfactory evidence to be the person(K) whose name(s) is/am subscribed to the within instrument and acknowledged to me that ke/she/thW executed the same in Oft/her/thiefr authorized capacity(bm), and that by %*/her/chair signatures(x) on the instrument the person(a), 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. r;'ate DONNA J. FROWD D WITNESS my hand and official seal.a i s=LI COMM. #2042838 � uT ~.`''J\O-AAY PUcU C -CALIFORNIA 0 F �TJ MARIh1COUN'TY My Comm. Exp res October 22, 2017 " Cir/ (/YK/.�-ve-r T.�.-•- Signature (seal) Donna J. Frowd THIS POWER OF ATTORNEY IS NOT VID UNLESS IT IS PRINTED ON RED BACK('-')UND. This Power of Attorney limits the acts of those nam rein, and they have no authority to bind the Company excL the manner and to the extent herein stated. Certificate No. 6348291 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (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-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 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 Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November 2013 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary COUNTY OF KING On this 13th day of November 1 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, 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. 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. By: i�ib}�t (,PFA_. KD Riley, Not Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casually Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 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 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 execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and 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 Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company 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 Company 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 Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomeys-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 binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company 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 has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of LMS_12873_092012 March By:� David M. Carey, Assistant Secretary , 20 14 249 of 300 PR 1 OF 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL STORM DRAIN DIVERSION CONTRACT NO. 5556 To the Honorable City Council City of Newport Beach 100 Civic Center Drive, P. O. Box 1768 Newport Beach, California 92660-8915 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. 5556 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE LUMP SUM MOB-ILIZATION AND DEMOBILIZATION 14i iV4 T YJDI/S/9iVJ% @111- 44'4>'fWE1'V�lDollars and � D� Cents $ 9o3z LUMP SUM 2. LUMP SUM TRAFFIC CONTROL @ SF✓/dry !y/N� Dollars and 5'79. 0 0 �/4e� Cents $ LUMP SUM 3. LUMP SUM SURVEY -LN GERVIC T>�vu3VEA @i/yN�° Si�`✓y Dollars and C2 Cents LUMP SUM 5 0 VA A 1 EACH BAFFLE BOX Ti.JE�� � /ladS�1 @Sb✓,NTy sj%r Dollars /Wr/ �rand '��C Cents $ ZD o76, V3 $ 20 076, y3 Per EACH PR2of6 (" C� 4. 20 L.F. 8 -INCH PVC SDR 35 PIPE aN� N�i✓�',ecv (` � Dollars and 171.0 3 /Ze2­049 Cents $ $ (, Per LINEAL FOOT 281 L. F. 6 -INCH PVC SDR 35 PIPE Dollars C4v and 7v� 2, Cents $ Per LINEAL FOOT 1 EACH 18 -INCH DIAMETER l CSP RISE�j, aas�q/v S jx pr✓� _7�'h�' Dollars and f Per EACH 40 S.F. 6 -INCH PCC PAD @ %wCI'Yl X j 6r/ T Dollars and 7— P �'y� Cents $ Per SQUARE FOOT 1 EACH 30 -INCH MANHOLE FRAME AND COVER ti�NT yOuN�,(�� t @ T►✓T-1v7,y 7�1Z 41 Dollars and Cents $ 823• �t.? $ �Z3'�� � Per EACH 1 EACH BAFFLE BOX Ti.JE�� � /ladS�1 @Sb✓,NTy sj%r Dollars /Wr/ �rand '��C Cents $ ZD o76, V3 $ 20 076, y3 Per EACH PR3of6 10. 1 EACH 36 -INCH DIAMETER ACCESS VAULT MANHOLE *q4 @✓Ae4p W'7) Dollars and 7—c)ep Cents $ l gt3 ro $ Per EACH 11. 7,975 S.F. REMOVE SOD FOR NEW WORK AND PREPARE AREA FOR PLACEMENT OF SOD BY OTHERS @ 01v��— Dollars .� ��O and 7` do Cents $ • �� $ Per SQUARE FOOT 12. LUMP SUM REMOVE, RELOCATE, REPLACE OR PROTECT UNDERGROUND LINES @ Dollars and Cents Per LUMP SUM 13. 85 S.F. REMOVE AND REPLACE CART PATH @ F1 Dollars �4and / Cents $ r ✓' $ I Z �S Per SQUARE FOOT 14. 2 EACH 6 -INCH PVC BACKWATER VALVE 5 j��dW� 1�7'' FiG� @ Dollars z� p� and Cents $ $ Per EACH 15. 1 EACH CORE SEWER MANHOLE AND R,E�M�O ®l, BASE fJoy-S.P� ��� ���� Dollars and Cents 3 '�� $ ���3� Per EACH 16. 1 EACH 6 -INCH PUSH ON GATE VALVE 'Tr✓v 711ew34.1:3 OAF- A Dollars Dollars and,,II Cents $ l9 ��� $ Z% 77 Per EACH PR4of6 17. 1 EACH ABANDON CATCH BASIN AND SAW CUT FILLETAND LIP @ m4t"" )r -;w Dollars and Cents Per EACH 18. 1 EACH 24"x24" BOX WITH 3"x4",F.C.C. WEIR Dollars and Cents $ i�9 $ Iq`S9 �o Per EACH 19. LUMP SUM CLEAR AND CLEAN EXISITNG ENERGY DISSIPA OR ,/ fp�R r#040� >f/ S4F. " @I��N�',Pysfl/�� Dollars and X1377. � $ Per LUMP SUM 20. 1 EACH 6 -INCH PVC SDR 35 CLEANOUT 61lars and Cents G $ / Z $ i2 C�Gf Oo Per EACH 21. LUMP SUM REMOVE AND REPLACE E,XI`vI1G�if' TIPRAP ffoU3'�9N1> @ Dollars and 06/ �O Cents Per LUMP SUM 22. 1 EACH JOIN 8 -INCH PVC SDR 35 PIPE TO EXISITNG 8 -IN H PIP Dollars and Cents $ $ Per EACH PR5of6 23. 1 EACH 6 -INCH FLOW MET and ril Cents $ /03.59,/ $ l �1%'1 Per EACH 24. LUMP SUM RELOCATE 4 -INCH WATER MAIN @ F✓E T/�a�s�i� Dollars and S� OO, as Cents $ Per LUMP SUM 25. LUMP SUM RELOCATE 6 -INCH WATER MAIN @ 7_W4vd,5111W Dollars and Cents $ Per LUMP SUM -' 26. 1 EACH AS -BUILT DRAWINGS @ 500 Dollars and 0 Cents $ 500 $ 500 Per EACH TOTAL PRICE IN WRITTEN WORDS Dollars and Cents PR6of6 $ !®q 3 z3.sS> Total Price (Figures) The award of the contact, if made, will be to the lowest responsible bidder as determined solely by the City using the total price bid for items. Date Bidder's Telephone & Fax Numbers A s2�� 7 Bidder's License No(s). and Classification (s) Bidder Bidder's Authorized Signature and Title g832 'E, 3V'e ! v, 4Z /06 11 -re -1 l7-, q/733 Bidder's Address • - 01:42"914M-11- ADDENDUM NO. DATE: February 5, 2014 BY: Public Works Deputy Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS The bid opening date is changed to February 10, 2014 at 11 am. PROPOSAL Bid Item 12: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. Bid Item 24: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. • Bid Item 25: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. 1 have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) ?_7® ®ate Authorized Signature & Title PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BIG CANYON DIVERSION CONTRACT NO. 5556 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 DEFINITIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-3 SUBCONTRACTS 1 2-6 WORK TO BE DONE 2 2-9 SURVEYING 2 2-9.1 Permanent Survey Markers 2 2-9.4 Line and Grade 2 2-9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3-3 EXTRA WORK 3 3-3.2 Payment 3 3-3.2.3 Markup 3 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.1 General 3 4-1.3 Inspection Requirements 5 4-1.3.4 Inspection and Testing 5 SECTION 5 UTILITIES 5 5-1 LOCATION 5 5-2 PROTECTION 5 5-7 ADJUSTMENTS TO GRADE 5 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-7.2 Working Days 7 6-7.4 Working Hours 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7 7-1.2 Temporary Utility Services 8 7.7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 8 7-8.4.3 Storage of Equipment and Materials in Public Streets 8 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-8.7.2 Steel Plates 9 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 10 7-10 PUBLIC CONVENIENCE AND SAFETY 10 7-10.1 Traffic and Access 10 7-10.3 Street Closures, Detours, Barricades 11 7-10.4 Public Safety 12 7-10.4.1 Safety Orders 12 7-10.5 "No Parking" Signs 12 7-10-6 Notice to Residents 12 7-15 CONTRACTOR LICENSES 13 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 13 7-19 SEWER FLOW BY-PASS SYSTEM 13 SECTION 9 MEASUREMENT AND PAYMENT 14 9-3 PAYMENT 14 9-3.1 General 14 9-3.2 Partial and Final Payment 19 PART 2 ---CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 19 200-1 ROCK PRODUCTS 19 200-1.1 General 19 200-2 UNTREATED BASE MATERIALS 20 200-2.1 General 20 SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 20 201-1 PORTLAND CEMENT CONCRETE 20 201-1.1 Requirements 20 201-1.1.1 General 20 201-1.1.2 Concrete Specified By Class 20 201-1.2 Materials 20 201-1.2.1 Portland Cement 20 201-2 REINFORCEMENT FOR CONCRETE 20 201-2.2.1 Reinforcing Steel 20 201-7 NON -MASONRY GROUT 21 201-7.2 Quick Setting Grout 21 SECTION 203 BITUMINOUS MATERIALS 21 203-6 ASPHALT CONCRETE 21 203-6.1 General 21 SECTION 207 PIPE 21 207-2 REINFORCED CONCRETE PIPE (RCP) 21 207-2.1 General 21 207-2.5 Joints 21 SECTION 214 PAVEMENT MARKERS 21 214-4 NONREFLECTIVE PAVEMENT MARKERS 21 214-5 REFLECTIVE PAVEMENT MARKERS 21 SECTION 215 STORM WATER TREATMENT DEVICE 22 1.0 MANUFACTURER 22 2.0 SUBMITTALS 22 3.0 GENERAL 22 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 22 300-1 CLEARING AND GRUBBING 22 300-1.3 Removal and Disposal of Materials 23 300-1.3.1 General 23 300-1.3.2 Requirements 23 300-1.5 Solid Waste Diversion 23 SECTION 302 ROADWAY SURFACING 24 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 24 302-6.6 Curing 24 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 24 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 24 303-5.1 Requirements 24 303-5.1.1 General 24 303-5.5 Finishing 24 303-5.5.1 General 24 303-5.5.2 Curb 24 303-5.5.4 Gutter 24 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 25 308-1 GENERAL 25 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 26 400-2 26 26 26 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 5556 INTRODUCTION SP 1 OF 26 � yr No 03 Exp 3 /21 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. S -5259—S; (3) the City's (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 GENERAL PROVISIONS SECTION 1 — TERMS DEFINITIONS ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 1-2 DEFINITIONS. Add to this section: "COUNTRY CLUB — Big Canyon Country Club." SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. Add to this section: "Replacement and repair of irrigation related Work items shall be conducted by the following subcontractor: SP20F26 Christianson Irrigation Company, Inc. 3518-D West lake Center Drive Santa Ana, CA Contact Person: Scoff Murray 714-556-6076 The Bidder shall include this subcontractor in the Designation of SubContractor(s) list as part of their bid. A bidder's failure to do so shall render the bid non-responsive." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) preordering a Baffle Box, (2) distributing construction notices to the golf course and affected residents (3) construction surveying, (4) potholing to identify water and irrigation lines, (5) removing existing landscaping, irrigation, and vegetation as needed for new work, (6) constructing improvements including 6- and 8 -inch pipe, diversion weirs, and manholes, (7) adjusting utility facilities and (8) all other incidental items needed to complete the work shown in the Construction Documents. The contract requires additional attention to clean up of work areas at the close of every day." 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 Engineer 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. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walden & Associates and can be contacted at (949) 660-0110. At a minimum, two sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three working days before the anticipated Work." SP3OF26 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 4-1.1 General Add to this section: "The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the City or COUNTRY CLUB, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the City and COUNTRY CLUB harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Warranty or Maintenance Bond fumished by the Contractor. There shall be specific wording in the Warranty or Maintenance Bond that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The City reserves SP4OF26 the right to withhold the retention until the Maintenance Bond has been accepted by the City. In addition to the above the Warranty or Maintenance Bond shall include the following: "Contractor guarantees for a period of one year from the date of final acceptance of the work by City that the Contractor shall repair or remove and replace any work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials without any expense to City, COUNTRY CLUB or their assigns, ordinary wear and tear excepted. If Contractor fails to comply with this warranty within one (1) week after being notified in writing, City, COUNTRY CLUB or their assigns are authorized to proceed to have the defects remedied at Contractor's expense. Contractor shall pay the cost and charges thereof immediately on demand. If, in the opinion of City, COUNTRY CLUB or their assigns, defective work detected during the guarantee period creates a dangerous condition or requires immediate correction or modification to prevent further loss to City, COUNTRY CLUB or their assigns or to prevent interruption of City's, COUNTRY CLUB's or their assigns' operations, City, COUNTRY CLUB or their assigns shall be authorized to repair the condition without prior notice to the Contractor and Contractor shall pay the cost and charges thereof immediately upon demand. Contractor's obligations under this section are in addition to Contractor's other express or implied assurances under this Contract and State law and in no way diminish any other rights that City, COUNTRY CLUB or their assigns may have against Contractor for faulty materials, equipment, or work. Contractor agrees that this warranty and guarantee shall be freely assignable to the Orange County Sanitation District without any further notice to or consent from Contractor. The Faithful Performance Bond and Labor and Materials Bond required under this Agreement shall continue in full force and effect for the guarantee period." Failure to comply with such notice will cause the City to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the City or COUNTRY CLUB, acts of vandals, or by acts of others outside or beyond the control of the Contractor. SP5OF26 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 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 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." Add the following: "Prior to any Construction, the Contractor shall verify all existing utilities visually and by contacting the COUNTRY CLUB. Contractor is required to locate existing utilities horizontally and vertically, including irrigation laterals, by potholing, prior to any Construction. Potholing information will be given to the City prior to any Work. Payment for potholing shall be included in the contact unit bid prices of related items of work and no additional compensation will be allowed therefore." 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 all COUNTRY CLUB and City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP6OF26 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: As approved by the Engineer, the Contractor shall order the Baffle Box at the time of award. No other 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 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 15 consecutive working days including material and pipe delivery, starting from the date in the "Notice to Proceed" exclusive of any maintenance periods. 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. Note: Since there is a 6-8 week lead time required for the Baffle Box, it must be ordered at the time of award of contract." SP7OF26 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 (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, the first Monday in September (Labor Day), November 11 (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24, (Christmas Eve), December 25 (Christmas), and December 31 (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 Hours. Normal working hours are limited to 7:30 a.m. to 6:00 p.m. Monday through Friday. Fences around work areas outside the fairway are permitted. Work areas must be kept tidy to the satisfaction of the Engineer. At the end of each work day, all work areas must be cleaned up and the job site squared away to the satisfaction of the Engineer. 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 up to 6:30 p.m. weekdays only, it must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period, except in emergencies involving immediate hazard to persons or property. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Denial of such request(s) will not be sufficient reason to grant the Contractor an extension of time. 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 Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City 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 this end of this section: "If the Contractor elects to use City water, it 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 Engineer seven calendar days' notice of the time desired for the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the golf course and affected residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: `it is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. A potential staging area has been shown on the construction drawings. It is the Contractor's responsibility to contact the Big Canyon Country Club Golf Course (Golf SP 9 OF 26 Course) and obtain permission to use this area for the storage of equipment and materials. If permission is granted, the Contractor, at the conclusion of the project, shall be required to restore and grade the laydown area to the preconstruction condition as determined by the Engineer. The Golf Course will subsequently re -sod the defined laydown area at no cost to the Contractor." 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. 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 must be approved by the Engineer prior to any work. The Engineer 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 may only be used outside the fairway area and only as permitted by the Engineers. 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." SP 10 OF 26 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Delete the second paragraph and substitute with the following: The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablish ments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. Delete the last sentence in the third paragraph and substitute with the following: "Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If trees or shrubbery are damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Sod areas within the designated area of work or the laydown area that are removed or damaged will be repaired or replaced by the COUNTRY CLUB. The Contractor shall be responsible for all soil removals as directed by the Engineer and for all fill and grading of the damaged areas as directed by the Engineer. Sod area that are damaged within the designated area of work or the Iaydown area will be repaired or replaced without cost to the Contractor. Repair or replacement of sod in areas outside the designated area of work or Iaydown area will be back -charged against the Contractors contract. The Contractor shall provide reasonable notice to the Engineer within the project limits to permit the COUNTRY CLUB to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the project limits which are designated for removal and would be destroyed because of the Work." k5t,11111111.3 4 [OKS101 ► 10712111! 11:4 Ll MWTAN KY -12A ' 7-10.1 Traffic and Access. Add to this section: "The Contractor will be allowed access to the Golf Course via the main entrance located on San Joaquin Hills Road which is gated. Access onto the golf course is via a chained entrance off of Big Canyon Drive. The Contractor shall obtain permission from the Engineer on the number of vehicles that will be allowed on or into the Big Canyon Country Club community and the areas on the street where parking will be allowed. SP 11 OF 26 Pedestrian access to all 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 golf cart 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 plan (see Section 7-10.3). The work area is between the 10th hole green and the tee off area for the 11th hole. Golf cart access between the two holes must be maintained. Note that the cart path can be closed as long as there is an alternate route for the golf carts." 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 SP 12 OF 26 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." Add the following Section: 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 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 SP 13 OF 26 require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City'. 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 General "A" Engineering Contractor's 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 drawings 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-Builts" 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." Add the following Section: 7-19 SEWER FLOW BY-PASS SYSTEM. The Contractor shall bypass all sewage flows during sewer related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. If pumping is required, the Contractor shall provide redundant pumping capabilities to remain on site if the primary system fails. Primary bypass system and backup bypass systems shall be designed to handle 120 percent of the peak flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than one foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the Engineer for approval prior to related construction activities, allowing at least 10 working days for review and return of comments. Approval by the City does not in any way relieve the Contractor of its responsibilities provided for in this section of any public liability for sewage spills under this Contract." 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 site including but not limited to site cleanup, removal of USA Markings, cleaning all pavement and sidewalk surfaces to pre -construction condition (sandblasting is not permitted) 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 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 8 -inch PVC SDR 35 Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement or natural ground removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground SP 15 OF 26 and surface water, bypassing of flows as required, bedding, backfill, compaction, installation of pipe, fittings, couplings, 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. 5 6 -inch PVC SDR 35 Pipe: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement or natural ground removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bypassing of flows as required, bedding, backfill, compaction, installation of pipe, fittings, couplings, 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. 6 18 -inch Diameter CSP Riser: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement or natural ground removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bypassing of flows as required, bedding, backfill, compaction, fabrication, installation of pipe, fittings, couplings, 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. 7 6 -inch PCC Pad: Work under this item shall include, but not be limited to removing existing improvements and constructing PCC pad and all other work items as required to complete the work in place. Item No. 8 30 -inch Diameter Manhole Frame and Cover: Work under this item shall include but not be limited to, pavement or natural ground removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, furnishing and installing base, shaft, grade rings, manhole frames and covers, adjusting, lowering and raising to grade as needed during construction, potholing of all existing utilities, connections to existing and/or new facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place.. Item No. 9 Baffle Box: Work under this item shall include providing all labor, equipment, materials and incidentals required to furnish a Bio Clean baffle box model number NSBB-2.5-4-60 (or approved equal), offload and install the unit and 6111F M*01=4 appurtenances per Manufacturer's specifications and the requirements as shown on the drawings plans including, but not limited to, pavement or natural ground removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installing shaft, grade rings, manhole frames and covers (per City Standards), adjusting, lowering and raising to grade as needed during construction, potholing of all existing utilities, connections to existing and/or new facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. See Baffle Box cut sheet in Construction Documents for additional notes. Note there is a 6-8 week lead time required for the Baffle Box and it must be order at the time of award of contract. Item No. 10 36 -inch Diameter Access Vault Manhole: Work under this item shall include constructing a 36 -inch inside diameter access vault manhole and shall include all structural items, manhole frame and cover, pavement or natural ground removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, furnishing and installing base, shaft, grade rings, manhole frames and covers, adjusting, lowering and raising to grade as needed during construction, potholing of all existing utilities, connections to existing and/or new facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 11 Remove Sod for New Work and Prepare Area for Placement of Sod by Others: Work under this item shall include, but not be limited to removing the existing ground cover within the designated area of work and the laydown (staging) area and disposing of it at an appropriate landfill, unless otherwise provided for on the plans or in these specifications. Soil removal, replacement and grading in these areas shall be performed by the Contractor and the Sod shall be replaced by the COUNTRY CLUB. See Section 7-9. Sod areas that are damaged within the designated area of work or the laydown area will be replaced without cost to the Contractor. Sod areas that are damaged outside the designated area of work or the laydown area will be backcharged against the Contractor's contract. Item No. 12 Remove, Relocate, Replace or Protect Underground Lines: There are existing irrigation, electrical and communication lines with in the work area: Work under this item shall include locating (horizontally and vertically) the existing lines by potholing, and removing, relocating, replacing, or protecting in place existing irrigation, electrical and communication lines. It is the Contractor's responsibility to examine the site and minimize damage to existing irrigation, electrical and communication systems and re-route the interfering portions of the existing irrigation, electrical and communication systems including relocating or adding new heads. This work must be completed to the satisfaction of the Engineer prior to the engineer authorizing construction of pipelines or other structures in the vicinity. The work under this item SP 17 OF 26 shall include but not be limited to abandoning interfering portions of an existing irrigation, electrical and communication systems and construction of a new irrigation, electrical and communication system. Improvements also include connecting the new service back to the existing irrigation, electrical and communication services and all other work items as required to complete the work in place to match the condition prior to start of construction. The Contractor shall make temporary irrigation connection to any sprinkler system that is disconnected during the course of its work. The Contractor shall be responsible for maintaining existing irrigation in good working condition. See Section 2-3. Item No. 13 Remove and Replace PCC Cart Path: Work under this item shall include removing and disposing of the existing cart path, subgrade compaction, constructing the 4 -inch thick PCC cart path, and all other work items as required to complete the work in place. Item No. 14 6 -inch PVC Back Water Valve: Work under this item shall include furnishing and installing a 6 -inch PVC Back Water Valve including necessary fittings for joining PVC SDR 35 pipe as manufactured by Spears, or approved equal, and all other work items as required to complete the work in place. Item No. 15 Core Existing Sewer Manhole and Remodel Base: Work under this item shall include coring the existing sewer manhole, installing pipe and providing for a water tight fitting and remodeling the base per City Std -401 -L and all other work items as required to complete the work in place. Item No. 16 6 -inch Push On Gate Valve: Work under this item shall include furnishing and installing a 6 -inch Push On (Slip On) Gate Valve including, but not limited to, temporary and permanent support of valve, valve box and cover, valve extension, and all other work items as required to complete the work in place. Item No. 17 Abandon Catch Basin and Sawcut Fillet and Lip: Work under this item shall include removing the existing grate and filling basin with PCC and providing a smooth water tight surface. This item also includes sawcutting the existing fillet and lip to allow water to flow from the energy dissipator to the new basin and riser and all other work items as required to complete the work in place. Item No. 18 24" x 24" Box with 3" x 4" P.C.C. Weir: Work under this item shall include furnishing and installing a 24" x 24" box with solid cover as manufactured by Brooks Products and constructing a 3" x 4" P.C.C. weir as shown on the plans including but not limited to, pavement or natural ground removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, installation of base, shaft, grade rings, manhole frames and covers, potholing of all existing utilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 19 Clear and Clean Existing Energy Dissipater: Work under this item shall include but not be limited to draining and disposing of existing water as directed by the City, removing and disposing of all existing material to an appropriate landfill, washing down the structure and all other work items as required to complete the work in place. Item No. 20 6 -inch Diameter PVC SDR 35 Cleanout: Work under this item shall include constructing sewer cleanout per CNB Std -406-1- including but not limited to, pavement or natural ground removal, exposing utilities in advance of work, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, furnishing and installing riser, clean out frames and covers, adjusting, lowering and raising to grade as needed during construction, potholing of all existing utilities, connections to existing and/or new facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, and all other work items as required to complete the work in place. Item No. 21 Remove and Replace Existing Rip Rap: Work under this item shall include removing and replacing rip rap required for new work and replacing rip rap that has been moved or disrupted before the start of work by others. All rip rap to be placed by CALTRANS Method "B" including but not limited to, natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, and all other work items as required to complete the work in place. Item No. 22 Join 8 -inch PVC SDR 35 Pipe to Existing 8 -inch Pipe: Work under this item shall include installing all pipe material including, but not limited to, pavement or natural ground removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bypassing of flows as required, bedding, backfill, compaction, installation of pipe, fittings, adaptors, couplings, 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. 23 6 -inch Flow Meter: Work under this item shall include furnishing and installing a 6 -inch Tru/Mag Neptune Flow Meter, or approved equal, including, but not limited to, fittings, adaptors, valve box and cover and all other work items as required to complete the work in place Item No. 24 Relocate 4 -inch Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavation, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, including required horizontal and vertical fittings, 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 necessary to relocate the water main complete in place. See Section 2-3. Item No. 25 Relocate 6 -inch Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, exposing utilities in advance of pipe excavation operations, trench excavation, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, including required horizontal and vertical fittings, 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 necessary to relocate the water main complete in place. See Section 2-3. Item No. 26 As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings shall 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. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, ten 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." PART 2 CONSTRUCTION MATERIALS SECTION 200 --- ROCK MATERIALS 200-1 ROCK PRODUCTS 200-1.1 General Add the following: "In accordance with the provisions of Section 20676 of the State of California Public Contract Code, it shall be mandatory upon the Contractor to whom the Contract is awarded, and upon all subcontractors and suppliers under him, to obtain all construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials, including those used in other construction materials such as asphalt concrete and Portland cement concrete, from a supplier that is included on the most current Office of Mine Reclamation AB3098 List. Failure to identify the supplier and the mine may result in rejection of the submittal, and any work completed using materials from an unlisted mine will be SUBJECT TO REJECTION." SP 20 OF 26 200-2 UNTREATED BASE MATERIALS 200-2.1 General Add the Following: "Untreated base to be used in this project shall be crushed miscellaneous base or better. Unless otherwise provided for in the specifications, no payment will be made for untreated base. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such untreated base is required, incidental or appurtenant." SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements. 201-1.1.1 General. Add the following: "Prior to the start of construction, the Contractor shall furnish to the Engineer laboratory data for the particular mix design he will use. The data will include the following: A. A detailed concrete mix design including the type and amount of cement used; complete gradation and source of the aggregate used; the amount of water used and any proposed admixtures. B. Flexural strength test data for the same batch of concrete used in "A" above showing the compressive strength of the concrete at 3, 7, and 28 days." 201-1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for construction shall be Class 560-C-3250." 201-1.2 Materials. 201-1.2.1 Portland Cement Add the following: "All cement to be used or furnished on this Project shall be Type V Portland Cement conforming to ASTM C150. " 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the drawings or in these Specifications." F-1 4Ki1111101 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 203 --- BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General Delete the second paragraph and replace with the following: "Asphalt Base Course shall be Type III -B2 -PG -64-10 and Asphalt Surface Course shall be Type III -C2 -PG -64-10. The grading of the combined aggregates for conventional asphalt concrete shall conform to the requirements of Section 203-11.3 and Section 400-4, respectively. Asphalt binder shall comply with the Performance Grade specifications of Section 203-1." SECTION 207 --- PIPE 207-2 REINFORCED CONCRETE PIPE (RCP) 207-2.1 General. These specifications apply to reinforced concrete pipe intended to be used for the construction of storm drains, sewers, and related structures. 207-2.5 Joints. Add to this section: "All storm drain joints shall be sealed with an external joint sealer for pre -cast concrete. The joint sealer shall consist of a reinforced collar composed of rubberized mastic formulated to bond into the pores of the concrete. The joint sealer shall also have embedded steel straps. The Contractor shall use Mar Mac "Mac Wrap' or approved equal. Mar Mac Manufacturing Company may be contacted at (800) 845-6962." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS SP 22 OF 26 Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." SECTION 215 --- STORM WATER TREATMENT DEVICE 1.0 Manufacturer The manufacturer of the Stormwater Treatment Device (SWTD) shall be one that is regularly engaged in the engineering design and production of systems developed for the treatment of stormwater runoff for at least (10) years, and which have a history of successful production, acceptable to the engineer of work. In accordance with the drawings, the SWTD shall be a device manufactured by Bio Clean Environmental Services, Inc. or approved equal. Bio Clean Environmental Services, Inc. can be reached at: Corporate Headquarters: 2972 San Luis Rey Road Oceanside, CA 92058 Phone: (760) 433-7640 Fax: (760) 433-3176 www.biocleanenvironmental.net 2.0 Submittals 2.1 Submittal drawings are to be provided with each order to the contractor and Engineer. 2.2 Submittal drawings shall detail the SWTD and all components required and the sequence for installation, including: 1. System configuration with primary dimensions 2. Interior components 3. Any accessory equipment called out on submittal drawings 2.3 Inspection and maintenance documentation shall be submitted upon request. 3.0 General The installation of the SWTD shall conform to all city specifications and requirements. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING SP 23 OF 26 300-1.3 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: hftp://newportbeachca.gov/index.aspx?page=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. 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 inches." Replace the words 1-1/2 inch" of the last sentence with the words "two 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 SP 24 OF 26 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 302 ---ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: 'The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the drawings in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled ' V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SP 25 OF 26 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644-3083) at the site to discuss submittal, City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the Citys Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable too] 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal, e.g., only one panel uplifted, etc. b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SP 26 OF 26 G7_1i! SECTION 400 ---ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL .. I I . - r - ll ' '_ I _. . 400-2.1 General 400-2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base or better as the base materials." 0 1 0 0 ' ADDENDUM N; +! ' 1 s DATE: February 5, 2014 BY:I P Public Works Dep tiDiP ctor/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. NOTICE INVITING BIDS The bid opening date is changed to February 10, 2014 at 11 am. PROPOSAL • Bid Item 12: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. Bid Item 24: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. • Bid Item 25: This work will be performed by Christianson Irrigation Company. An amount of $5,000.00 is determined for this bid item. Please insert this value into the proposal and list Christianson Irrigation Company as one of your subcontractors. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. A is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title CITY OF NEWPORT ADDENDUM NO. 2 BIG CANYON DIVERSION CONTRACT NO. 5556 DATE: February 5, 2014 BY:1� ---' Public Works D ty Director/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. Construction Drawings, Sheet 3, Changes to Detail 8: The manhole shall be constructed per City Standard STD -309-L. See the attached detail. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) M Authorized Signature & Title Attached: Valve Vault Detail 0 MANHOLE FRAME AND COVER PER CITY STD. PLAN STD -112—L 0 24" DIA MANHOLE GRADE RINGS AS NEEDED TO ADJUST TO GRADE PER CITY STD. PLAN -309—L w 0 36" a a a —3 l ( - lul i a. co s z 36"X24" DIA ECCENTRIC MANHOLE SHAFT PER CITY STD. PLAN -309—L — 36° DIA MANHOLE SHAFT PER CITY STD. PLAN -309—L M 6' THICK 3/4" CRUSHED ROCK BASE — #4 ® 12" O.C. BOTH WAYS POO ;1111• • • CITY OF NEWPORT BEACH S 5259_S PUBLIC WORKS DEPARTMENT SHEET 1 OF 1 CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/17/14 Dept./Contact Received From: Raymund Date Completed: 3/19/14 Sent to: Raymund By: Chris Company/Person required to have certificate: Bali Construction, Inc Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/30/13-4/30/14 A. INSURANCE COMPANY: Gemini 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 0 No D. LIMITS (Must be $1M or greater): What is limit provided? IM/2M + IOM Umbrella E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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): M N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/30/13-4/30-14 A. INSURANCE COMPANY: Starr Indemnity & Liability Company B. AM BEST RATING (A-: VII or greater) A:XIV 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 LIM, $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: 1/31/14-1/31/15 A. INSURANCE COMPANY: Starr Indemnity & Liability Company B. AM BEST RATING (A-: VII or greater): A:XN 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) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: X 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 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 3/19/14 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No 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: Risk Management approval is needed for the non -admitted status of the general liability carrier. Approved by Sheri on 3/19/14. Approved: Risk Management * Subject to the terms of the contract. BALICON-01 JCASTLE CERTIFICATE OF LIABILITY INSURANCE DATE/21/2014 (/21!221/201144 Y) 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the 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 51 E. Huntington Drive Arcadia, CA 91006 CONTACT Joe Castle PHONE t 626 294-1009 FAX ( ) Atc No : (626) 445-4521 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Gemini InSUranCe COmpan 10833 INSURED Bali Construction, Inc. 9852 Joe Vargas Way S. EI Monte, CA 91733 INSURER a: Starrindemnity & Liability Company INSURER C: Continental Casualty Company 20443 INSURER D, INSURER E: $ 1,000,00 INSURER F: $ 50,000 COVERAGES CERTIFICATE NUMBER: 1242 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A L SUBRI POLICY NUMBER POLICY YCYEYri EXP MMI DYlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 -DAMAGETORENTED PREMISES Ea occurrence $ 50,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑R OCCUR X X VCGP020636 0413012013 04130/2014 MED EXP (Any one person) $ 5,00 PERSONAL&ADV INJURY $ 1,000,00 X Deductible Bl&PD X 5,000 Each Occurrenc GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,00 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 BODILY INJURY (Per person) $ B X ANY AUTO X SISIPCA08260713 04/30/2013 04/3012014 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE PER ACCIDENT $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 C X EXCESS (.[AsculMs-MADE L4030640240 0413012013 04/30/2014 OED X RETENTION$ 0 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE❑ OFFICER/MEMBER EXCLUDED? '.NIA YL MiT ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE$ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Bali Job #14-018; Big Canyon Diversion Project -Contract No. 5556. City of Newport Beach, its elected or appointed officers, agents, officials, employees, volunteers and Big Canyon Country Club - One Big Canyon Drive, Newport Beach, Ca. 92660-5299 are named as additional insured as respects to general liability arising out of the named insureds' operations per the attach CG2010 1001 & CG20371001 and on the Auto Liability, per the attached CA0444 0310. This insurance is primary and non-contributory per the attached. Waiver of subrogation applies to general liability, per the attached CG24041093. In regard to cancellation clause, see attached General Liability policy form. This certificate cancels and supercedes prior certificate #1239 issued on 3/1212014. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Center Drive AUTHORIZED REPRESENTATIVE P.O. Box 1768 Newport Beach, CA 92660 ( /T-_ .,IP/i 6p&.. ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VCGPO20636 CG 2010 10 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 U411-4-111iiiA 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 H — 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 fiunished 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 1 of 1 Policy Number: VCGPO20636 CG 20 37 10 01 Insured Name: BALI CONSTRUCTION INC Number: 16 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 SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT Location And Description of Completed Operations: COMMERCIAL PROJECTS ONLY Additional Premium: 11.U3411filmi (If 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 37 10 01 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 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 1 POLICY NUMBER: SISIPCA08260713 COMMERCIAL AUTO CA 20 01 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bali Construction, Inc. Endorsement Effective Date: 4/30/2013 Of Name: Jim Vendettl Title: Signature: Date: 5/112013 CA 20 01 03 06 0 ISO Properties, Inc., 2005 Page 1 of 3 El SCHEDULE Insurance Company: Starr Indemnity & Liability Company Policy Number: SISIPCA08260713 Effective Date: 4/30/2013 Expiration Date: 4(30/2014 Named Insured: Bali Construction, Inc. Address: PO BOX 3095, South EI Monte, CA 91733 Additional Insured (Lessor): Blanket where required by a written contract. Address: Designation Or Description Of "Leased Autos": Blanket where required by a written contract. Coverages Limit Of insurance Liability $ 1,000 000 Each "Accident' Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Comprehensive $ 1,000 Deductible For Each Covered "Leased Auto' Actual Cash Value Or Cost Of Repair Whichever is Less, Minus Collision $ 1,000 Deductible For Each Covered "Leased Auto' Actual Cash Value Or Cost Of Repair Whichever Is Less, Minus Specified $ Deductible For Each Covered "Leased Auto' Causes Of Loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any 'leased auto' designated or described in the Schedule will be considered a covered "auto" you own and not a covered "auto' you hire or borrow. 2. For a 'leased auto' designated or described in the Schedule, Who is An Insured is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: a. You; b. Any of your "employees" or agents; or c. Any person, except the lessor or any "employee" or agent of the lessor, operating a 'leased auto' with the permission of any of the above. Page 2 of 3 0 ISO Properties, Inc., 2005 CA 20 01 03 06 0 3. The coverages provided under this endorsement apply to any 'leased auto' described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the 'leased auto', whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for loss" to a'leased auto'. 2. The insurance covers the interest of the lessor unless the loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition, 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premiums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto' leased or rented to you, including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. CA 20 01 03 06 © ISO Properties, Inc., 2005 Page 3 o1`3 0 Policy Number: VCGP020636 CG 24 04 10 93 Insured Name: BALI CONSTRUCTION INC Number: 20 Effective Date: 04/30/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: CONRV ERCIAL 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 m the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 0 Policy No. VCGP020636 All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation 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. 4. 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 effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. 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 Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake 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 warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 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 representative. 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 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 13 - CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 9. T0: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director—(949) 6443330, dawebb newporrbeachca gov PREPARED BY: Bob Stein, Assistant City Engineer PHONE: 9496443322 TITLE: Big Canyon Diversion-AwardofContract No. 5556(CAP140029). ABSTRACT: Staff received favorable bids for the construction of Big Canyon Diversion and is requesting Qty Council's approval N award the construction contract to Bali Construction, Inc. (Bali Construction), of South EI Monte, California. RECOMMENDATION: a. Approve the project drawings and specifications; b. Award Contract No. 5556 N Bali Construction, for the total bid amount of$119,32358, and authorize the Mayor and the Qty Clerkto execute the contract c Establish a contingency of$12,00000(approximately 10%) to coverthe cost of unforeseen work and d. Approve Budget Amendment No.14BA-031 appropriating $38,000from Ne unappropriated Wastewater Enterprise Fund to ]541-C7002004. Upon approval of the budget amendment, sufficient funding for the award of this contract is available. The following fund will be expensed. Account Description Account Number Amount Sewer Diversion ]541-C7002004 $ 131,32358 Improvement; Total: $ 131,323.58 Staff recommends establishing a ten percent contingency for unforeseen conditions associated with construction. Proposed uses are as follows: Vendor Purpose Amount Bali Construction Construction Contract $ 119,323.58 Bali Construction Construction Contingency $ 12,000.00 Total: $ 131,323.58 DISCUSSION: Water quality testing in 2008 found excessive levels of selenium in the Big Canyon Watershed. A more comprehensive study in 2010 conducted by the Regional Water Quality Control Board found that one of the streams flowing from the upper area of the watershed into the Big Canyon Golf Course has high levels of selenium in the dry season flows. This proposed project diverts low flow run off into the City's sanitary sewer during the dry season. The diversion will be turned off during the rainy season. Stream flow will still enter the golf course to feed its Lakes from another stream that has lower concentrations of selenium. Big Canyon Golf Course has been working cooperatively with the City to facilitate the construction of this project. An application has been submitted to the Orange County Sanitation District for the diversion with approval expected shortly. At 11:00 a.m. on February 10, 2014, the City Clerk opened and read the following bids for this project: AS -BID AMOUNT $119,323.58 $124,373.75 $137,705.00 $139,453.50 $139,985.00 $143,895.00 $165,009.00 $176,989.00 $218,502.50 The total low bid amount is 20% below the Engineer's Estimate of $150,000.00. The low bidder, Bali Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates it has satisfactorily completed similar projects for other municipalities. This contract involves constructing a low flow diversion within a manhole, a clarifier, flow meter, diversion cut-off gate valve, backflow valves and connection to an existing, City -owned sanitary sewer manhole. Pursuant to the Contract Specifications, the Contractor will have 15 consecutive working days to perform the construction within the golf course. The Contractor will be responsible for pre - ordering the clarifier which has a long lead time for fabrication. ENVIRONMENTAL REVIEW: Staff found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (minor alteration of existing public facilities) and 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). BIDDER Low Bali Construction 2 Kordich Construction Co. 3 Lonerock, Inc. 4 GCI Construction, Inc. 5 MNR Construction, Inc. 6 SND Construction, Inc. 7 Paulus Engineering, Inc. 8 Grigolla & Sons Const. 9 T.E. Roberts Incorporated AS -BID AMOUNT $119,323.58 $124,373.75 $137,705.00 $139,453.50 $139,985.00 $143,895.00 $165,009.00 $176,989.00 $218,502.50 The total low bid amount is 20% below the Engineer's Estimate of $150,000.00. The low bidder, Bali Construction, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates it has satisfactorily completed similar projects for other municipalities. This contract involves constructing a low flow diversion within a manhole, a clarifier, flow meter, diversion cut-off gate valve, backflow valves and connection to an existing, City -owned sanitary sewer manhole. Pursuant to the Contract Specifications, the Contractor will have 15 consecutive working days to perform the construction within the golf course. The Contractor will be responsible for pre - ordering the clarifier which has a long lead time for fabrication. ENVIRONMENTAL REVIEW: Staff found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15301 (minor alteration of existing public facilities) and 15302(c) (replacement of existing facilities involving negligible expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Name: ❑ C-5556 LOCATION-MAP.odf ❑ 14BA-031.xlsx Description: Location Map 14BA-031 I✓ FASHION ISLAND MATE BIG CANYON TO SGATE E� COUNTRY CLQ m / LOCATION MAP NOT TO SCALE STORM DRAIN DIVERSION BIG CANYON COUNTRY CLUB ALONG FAIRWAY 11 LOCATION MAP CANYON a■ ■ ■ ■ APPROXIMATE ■ LOCATION TO ACCESS SITE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5556 1 2/25/14 City of Newport Beach BUDGET AMENDMENT 2013-14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 14BA-031 AMOUNT: 1 $38,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balanc( No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations from the Sewer Main Replacement Fund unappropriated fund balance for construction of the Big Canyon Diversion. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 540 3605 REVENUE ESTIMATES (3609) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Sewer Main Replace Fund - Fund Balance Description Signed: 40 Signed: FinaWcial Approval: Finance Director Admin°strafive Approval: City Manager Amount Debit Credit $38,000.00 Automatic $38,000.00 „Z- 15- I Date gL 11 114 Date Signed: City Council Approval: City Clerk Date Description Division Number 7541 Sewer Main Replacement CIP Account Number C7002004 Big Canyon & Port Street Sewer Diversion Division Number Account Number Division Number Account Number Signed: 40 Signed: FinaWcial Approval: Finance Director Admin°strafive Approval: City Manager Amount Debit Credit $38,000.00 Automatic $38,000.00 „Z- 15- I Date gL 11 114 Date Signed: City Council Approval: City Clerk Date