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HomeMy WebLinkAboutC-4910 - Saint James Road Sewer RelocationFO January 27, 2016 Paulus Engineering, Inc. Attn: Paul Paulus 2871 E. Coronado Anaheim, CA 92806 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: St. James Road Sewer Relocation and CDS Unit Installation — C-4910 Dear Paulus Engineering, Inc.: On January 27, 2015, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 3, 2015. Reference No. 2015000053065. The Surety for the contract is Specialty Insurance Company and the bond number is 2168299. Enclosed is the Faithful Performance Bond. Sincerely, a%-irh'-- 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 • www.newportbeachca.gov EXECUTED IN TWO COUx .RPARTS EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 2168299 FAITHFUL PERFORMANCE BOND BOND #2168299 PREMIUM: $7,545 The premium charges on this Bond is $ 7,545.00 , being at the rate of $ 14.40/8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for St. James Road Sewer Relocation, 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 NORTH AMERICAN SPECIALTY 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 Five Hundred Thirty Nine Thousand Six Hundred Forty Five Dollars ($539,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. Paulus Engineering, 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 21ST day of AUGUST ,2014 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 elephone BY:, --w • c. o�ri i9nna r /T" le/ C FO BY: Authonzed Ag&e8igWatMe CHARLES L. FLAKE/ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page C-2 ACKNOWLEDGMENT State of California County of )ss. M 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 ACKNOWLEDGMENT State of California County of ) ss. (seal) 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 Paulus Engineering, Inc. (seal) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 08/21/2014 before me, Cynthia J. Valencia. Notary Public personally appeared_ Michelle June 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 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 S my hand and official seal. CYNTHIA J. VALENCIA Commission # 1952790 a =-m Notary Puhlic - Calitornla s Orange County Si tore Public (Notary Seal) My Comm. Expires Oct 15, 2015' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title CFO Partner Attorney -hl -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8-21-14 before me, Jan C. Moran, Notary Public Date Here Insert Name and Tale of the Othcer personally appeared Charles L. Flake JAN C. MORAN COMM. #1967021 3 NOTARYPUBLIC •CAUFORNIA n g ORANGE COUNTY Comm. Exp, FEB. 17, 2016 Place Notary Seal Above 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) 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. Signaturea^'✓ C' SlgnaWre of Notary Publlc OPTIONAL Ja C . Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ❑Limited ❑General 129 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner —❑ Limited 71 General • ❑ Attorney in Fact Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CM7NationalNobry Associalan•8350 Oe Soto A,z.,P..O. Bax 2d02•Chatsvmdh,CA g 13132402•uww Nadcrall,darywg Itern 45907 Reorder:CaMTbllFhee1�0682 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insumnce Company and Washington international Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Companyftmay be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate beating such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," '00dyyjiumyy, 3�e?4�Ya'nitl%i� ' SFi1L - By 8terevP.Mdenev,Sa OT VimPns]dent dWuhbatvnlvtew.aw.ILAMMKOCw M x • BEAD §u •S tWa..,l .;�i &&oldr Vice Peerideat of North Aw a SpKLOylawnnu Cw .y O f �'�vyiy4MP;:=e rn MNlaaaa By No M. Lnytav0. Yke Predem[ofWuhivrtev Ipkemaoanl]uvnnce Compvay & vim PfWdwt of aorta Naeelem Spm." ImanawcamWoy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have. caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers thisl7tb day of July 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: On this 17th day of July 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. L FFIt;UI,p oNMAD.SKLENSary Pdblic,Srate of illfini Donna D. Sklens, Notary Public Commiuiot ExAhes:tN04R015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have sot my hand and affixed the seals of the Companies this2 ist day of August .20 14 . lean, netdbwa. vita Pmi,lmt & puuuof Senetvy of Wuhivatm immdaoad Icsunnpn c.m &Ibnfi Amaipm spoe'hy ]nomvnps c"y CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC April 9, 2015 Paulus Engineering, Inc. Attn: Paul Paulus 2871 E. Coronado Anaheim, CA 92806 Subject: St. James Road Sewer Relocation and CDS Unit Installation - C-4910 Dear Mr. Paulus: On January 27, 2015 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 3, 2015, Reference No. 2015000053065. The Surety for the bond is Specialty Insurance Company and the bond number is 2168299. Enclosed is the Labor & Materials Payment Bond. Si erely, L .(� etlani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov EXECUTED IN TWO COUA .RPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2168299 LABOR AND MATERIALS PAYMENT BOND BOND 112168299 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for St. James Road Sewer Relocation, 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, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Thirty Nine Thousand Six Hundred Forty Five Dollars ($539,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, 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. Paulus Engineering, 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 21ST day of AUGUST _'2014 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 Telephone BY thoriz d i na re/Titl BY: Authorized Agen nature CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-2 ACKNOWLEDGMENT State of California County of )ss. 01 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 ) 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) Paulus Engineering, Inc. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 08/21/2014 before me, Cynthia J. Valencia, Notary Public personally appeared Michelle June 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 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 y hand and official seal. /J- CYNTHIA J. VALENCIA UCommission # 1952790 a -u Notary Puhlio - California z L-94::� z 'P% Orange County > Signature ofNotar uhlic (Notary Seal) My Comm. Expires Oct 15,201 ADDITIONAL 5,201 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Date Additional Infomration CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title CFO Partner Attorney -In -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8-21-14 before me, Jan C. Moran, Notary Public Data Here insert Name aad Title of the Otfcer personally appeared Charles L. Flake Name(a) of Signers) JAN C. MORAN COMM. #1967021 NOTARY PLISUC a CALIFORNIA a `= ORANGE COUNTY Comm. Exp. FEB. 17, 2016 Place Notary Seal Above 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL J C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General Rq Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHNMBPRINT OF SIGNERin Number of Pages: Signer's Name: _ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited J General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: *2 7NaVonelNMr Aawcietbn•g3 De Soto Aw.P.O.f 2a02•GhatSw .CA91313-2402-..Natm.INolary.mg ttemikW7 ReoMer.Ca(Toll-Free L8l10-8"8D NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be .binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." - .,,MWllpnl1 , g�d:�bvdil, ay,L`z� a Fpw iryli4*By m aNnt SEAL�;n3 § 7W3 1plm' *v49ykr�df� &evanP.Andemon,awdorVice PreidaworWaeMparonlNeraaaonalNmmaeeCompany &Banalv� Pnvdmt If N.41% Amwlten Spwaay lnmrance Company ,�. Nydad � fly Datld M. LWmm, Vitt PeryWmt a W eshingbn Inlmhaaoaal Imunnce Company & Vico Praidcnc allorth Amerman Spoclaay Iaaun,ue Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisilth day of July 2014 North American Specialty Insurance Company Washington International Insurance Company State of Illinois -County of Cook ss: On this 17th day of July . 2014 , before me, a Notary Public personally appeared Steven?, Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary set and deed of their respective companies. 14011MCIAL SEAT:" ft/.�,peGsao DONNA a SKLENS Notary leublic, State of Illinois Donna D. Sklens, Notary Public My Commissiw fu b'a:IDhIfif1015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies tbis2lst day of August , 20 14 . fanny Coldbma, viu Proideot& Aas lsecretary of Wm Anon In a aaunat Inswaw Company & NnM Amaican Compmy ("P�ecorded in Official Records, Orange County F' �_ 1 1°/F9.gh Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND i �IIII II II II �III',IIII (IiI IIII�II Illllll II NO FEE WHEN RECORDED RE JRW,Tk-: fis Q *IIg R 0 0 0 7 2 6 8 0 1 4$ 2015000053065 2:29 pm 02103115 City Clerk nF rte+ OF 37 406 N12 1 City of Newport Beachr i' ERK 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive �� r„ '`' SIV �! Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION �jFr NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Paulus Engineering, Inc. of Anaheim, CA, as Contractor, entered into a Contract on July 30, 2014. Said Contract set forth certain improvements, as follows: 9.'F St. James Road Sewer Relocation and CDS Unit Installation (C-4910) Work on said Contract was completed, and was found to be acceptable on January 27, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company, A BY 1 Pu lic Works Di ector 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 Tam ��, �/�1 at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC January 28, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • 2013-2014 Street Light Improvement Project Contract No. 5495 • Dolphin Deep Water Well Rehabilitation Contract No. 5633(A) • St. James Road Sewer Relocation and CDS Unit Installation Contract No. 4910 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, AttgkY , �W� Leilani I. Brown, MMC City Clerk Enclosures 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 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 Paulus Engineering, Inc. of Anaheim, CA, as Contractor, entered into a Contract on July 30, 2014. Said Contract set forth certain improvements, as follows: St. James Road Sewer Relocation and CDS Unit Installation (C-4910) Work on said Contract was completed, and was found to be acceptable on January 27, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. BY t Pu lic orks Di ector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. y�� 1�— Executed on "� %I �' at Newport Beach, California. BY J4� City Clerk CITY OF NEWPORT BEACH City Council Staff Report January 27, 2015 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Civil Engineer PHONE: (949)644-3340 TITLE: St. James Road Sewer Relocation and CDS Unit Installation - Notice of Completion and Acceptance of Contract No. 4910 (CAP12-0027) ABSTRACT: On August 12, 2014, City Council awarded Contract No. 4910 for the St. James Road Sewer Relocation and CDS Unit Installation project to Paulus Engineering, Inc. for a total contract cost of $539,645.00 plus a 10% allowance for contingencies. 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; 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 the applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7012-C7002005 $191,337.00 Wastewater Enterprise 7541-C7002005 $ 324,921.96 Total Construction Cost: $ 516,258.96 M DISCUSSION: Overall Contract Cost/Time Summary The work necessary to complete this contract included constructing sewer improvements such as sewer mains, manholes, laterals, and cleanouts within the 21 -ft public sewer easement on the property at 745 Dover Drive obtained last year. The goal of the project was to relocate and replace a deteriorated steel sewer main on the hillside behind homes on St. James Place and St. James Road. As part of this sewer project, construction of a planned hydrodynamic separation storm drain treatment unit on Dover Drive was included in the bid as the construction effort was of similar nature so as to provide for overall cost efficiencies and minimize public inconvenience. The contract also included replacing an 8 -in sewer line between the properties at 724 and 730 Saint James Place by pipe bursting method. However, due to the unforeseen conditions of the hillside not readily apparent at the time of bid (including substandard and questionable footings of the existing private retaining wall at this location), excessive change orders would have resulted should the work be undertaken as planned. As a result this item of work has been deleted and the 8 -in sewer line replacement method will be reassessed, redesigned and constructed in a future project. Three change orders in the amount of $89,525.96 were approved for the extra work for controlling groundwater encountered at the CDS unit and two manholes, exporting unsuitable soil, importing gravel for bedding and suitable soil back fill for the 8 -in sewer main construction. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $539,645.00 Items of work deleted from Original Contract: Actual Actual cost of bid items constructed: $426,733.00 Awarded Contract Awarded Minus Final Cost at $516,258.96 % Due to Directed % Due to Amount Contract Completion Contract Unforeseen Deleted Work Change Change Change $539,645.00 $426,733.00 $516,258.96 -4.33% -20.92% 16.59% Actual Time Allowed Contract Time (days) 110 -46 Under - or Over + The work necessary to complete this contract included constructing sewer improvements such as sewer mains, manholes, laterals, and cleanouts within the 21 -ft public sewer easement on the property at 745 Dover Drive obtained last year. The goal of the project was to relocate and replace a deteriorated steel sewer main on the hillside behind homes on St. James Place and St. James Road. As part of this sewer project, construction of a planned hydrodynamic separation storm drain treatment unit on Dover Drive was included in the bid as the construction effort was of similar nature so as to provide for overall cost efficiencies and minimize public inconvenience. The contract also included replacing an 8 -in sewer line between the properties at 724 and 730 Saint James Place by pipe bursting method. However, due to the unforeseen conditions of the hillside not readily apparent at the time of bid (including substandard and questionable footings of the existing private retaining wall at this location), excessive change orders would have resulted should the work be undertaken as planned. As a result this item of work has been deleted and the 8 -in sewer line replacement method will be reassessed, redesigned and constructed in a future project. Three change orders in the amount of $89,525.96 were approved for the extra work for controlling groundwater encountered at the CDS unit and two manholes, exporting unsuitable soil, importing gravel for bedding and suitable soil back fill for the 8 -in sewer main construction. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $539,645.00 Items of work deleted from Original Contract: ($112,912.00) Actual cost of bid items constructed: $426,733.00 Contract change order: $ 89.525.96 Final contract cost: $516,258.96 The final overall construction cost was approximately 4.33% below the original bid amount which is attributed to actual bid items constructed and change orders. The contract allowed for 110 consecutive working days to complete the scope of the work. However, due to the deletion of a portion of the work that called for the replacement of a portion of 8 -in sewer line as a result of conditions not readily apparent at the time of bid, the project was substantially completed on December 17, 2014, which was 46 working days ahead of the allotted contract time. 6-2 A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule: Project Awarded for Construction: Completion Date per Contract and Approved Extensions Actual Substantial Construction Completion Date: ENVIRONMENTAL REVIEW: November 28, 2014 August 12, 2014 March 4, 2015 December 17, 2014 Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (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 Mao M NEW SEWER LATERAL tEXIST. SEWER\ ABANDONED V /A 8" SEWER REPLACEMENT 745 DOVER 100, p NEW 8" SEWER 21' EASEMENT ATTACHMENT A rl / I j ' Qc NEW SEWER LATERAL //cj DELETED WORK =1 taty Clerk CITY OF •.BEACFT Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 9th day of July, 2014, at which time such bids shall be opened and read for Engineer's Estimate r Approved by <{ZIL David A. Webb Public Works Director xwm7ff-%�- Newport Beach, CA 92663,on ! 9:00 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 Contractor License Classification required for this project: "A" For further information, call Frank Tran, Proiect Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: h ttp: //www. N ewportBeach CA.gov CLICK: Online Services / Bidding & Bid Results City of Newport Beach ST JAMES ROAD SEWER RELOCATION s NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................17 INFORMATION REQUIRED OF BIDDER.. ................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT. ............................................................. _ ...................... .......................... 22 INSURANCE REQUIREMENTS .............. ....................... ............................... ....... A-1 LABOR AND MATERIALS PAYMENT BOND ...................................... ___ ......... ..B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach • • • The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Bidder Authorized/gibnature/Title -7`�6: �l Date KI BOND #7-B PREMIUM NIL City of Newport Beach ST JAMES ROAD SEWER RELOCATION Contract No. 4910 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 AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of ST JAMES ROAD SEWER RELOCATION, Contract No. 4910 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. Witness our hands this 19TH day of JUNE , 2014. PAULUS ENGINEERING, INC. BY: i / �/1��I'�r Name -of Contractor (Principal) Autho Yignature/Tttle NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety (714) 550-4142 Telephone BY:P',11�6A- Authorized Agent Signature RICHARD A. COON/ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the 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 (5801) O MRM 00MMM000000 NMMW M00000 RM0MM RR00•RR MM000/iOMi MMR 0010'•■BOA 0M0000 RM0M•B®■000080 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 Witnesses) Thumbprint of Signer El Check here if Capacity of Signer. no thumbprint _ Trustee or fingemriM Power of Attorney Is available. CEO / CFO / COO _ President / Vice -President / Secretary / Treasurer Other: Other information: 11 V• r WWWPP•tl•0®■BW RPWYaWBWW FFeeRWe■WWW AAAA R/Rasa OWWPWWP•YBWe PWWW PPWWR/eW®/■WPWP Pea•■ State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheAhey 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 ■WPW/FPeOetl•W■■PWtlY•■Wia WPWaWWRWaW RRY•YWWWW■RaPBB•W•■0a ■aaaP WWW RRRRR eY■■WWPPRtlW 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 Wdness(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. CALIFORNIA•ACKNOWLEDGMENT sa4„�R..-a. s�4..a.q �A..�.': �Y� a,a � •,. T.A a <adc�S,.. s�. �aSLc�S �.�,.�v�s � a. � �. Via, v. A c� �. s�G.oa4.- tea. r?. oe � ,� �. s�A..�] 9eZ... State of California County of Orange On 6-19-14 Date before me, Jan C. Moran, Notary Public Here Insert Name and Title of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) JAN C. MORAN COMM. #1967021 3 NOTARY PUBLIC • CALIFORNIA n ORANGE COUNTY Comm. Exp. FEB. 17, 2016 Place Notary Seal Above 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. Signature C'q� Signature of Notary Public OPTIONAL J C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — El Partner -0 Limited ❑ General 13: Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L, CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, and L=E SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," \\\p11II111011UyIl a-�o S kj G o �f sac` .e NA( Hyk �Caors�t, SEAL. [m By {//yKtj.,...("/'"'. Steven P.Anderson, aenim VicoPresident W.,hpgW.1m..rpm1lnsarance Company SEALS s 1873 ioq of &Seaior Viro Panidentof North Amerloon Specialty tnmrance 2a Z. . Ot Company !m �`Qa /plltolniltttt\t Jv By'i$,j�„ * 1` David M.Layman, Via Prtaidmt ofWaanpgfon international 7vmrana Company - & Viro Prvndom ar Narth A.6m. Specialty Itlenraare Company IN WITNESS WHEREOF, North American Specialty Insuranec Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this20th day of Jane 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of lune , 2012 ,before mo, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers-of-and- acknowledged f and acknowledged said instrument to be the voluntary act and deed of their respective companies. "t)FFICIAL SPrV." l aww L DONNAL).SKL'ENS -Notary Pubiio.State of ❑liaois Donna D. Skier, Notary Public My Commission &pins llUU6/2ti15. I, Jeffrey Goldberg ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have sot my hand and affixed the seals of the Companies thisl9thday of June 2014 learn, Gold"eag, vioe President &Assistant Secretary of Washington Intomational Inamaaae Company &Noah American Specialty lnaamixa Company CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT State of California County of Orange } On 06/19/2014 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus 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 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. WIT S my hand and official seal. CYNTHIA J. VALENCIA Commission # 1952790 Z Notary Public - California D Ra Orange County re of to Public (Notary Seal) My Comm. Expires Oct 15, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT CAPACITY CLAIMED BY THE SIGNER Individual Title or description of attached document Corporate Officer x /Title_Pres/Sec Number of pages Document Date Partner Attorney-In-Fact Trustee Other 0 Additional Information City of Newport Beach ST JAMES ROAD SEWER RELOCATION Contract No. 4910 DESIGNATION OF SUBCONTRACTORS) 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: %�59erccra (End s�L- �' n4 ! 3G Address:Cis l3zo E. G q 1.'y5�4gion al W® (V, / Phone: 151- State License Number: A-720016 I Email Address: al(S ib$= -tnS Name: M OCOn ( yy Address: y0}"�t s® 1,.�FC°5/n S1. ci�c.l ZO fit(, �(�✓5 �.n� TAkv, to 12701 Phone: �1 %V_ S6q _V;lb 0 State License Number: 5'&S'7157 (t 10154 ) Email Address: rilil RMOt A COr . COM / Name: /�t0✓f^ /{ipr+ht}O�G �w;l/tC✓3 jI t�nL. Address: 5-g2N LA / t®� S�( / / (f t ^R Ito (lA^`�/ CwcAMoRJA (A qi-)V 5 d Phone: 04- 170' O bN r p State License Number: o g gCi(U Email Address 11dAd ✓A/t MIL ' COM Bidder E:i Authorize , ignature/Title City of Newport Beach Contract No. 4910 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number SL- .� 1'�✓ I � Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 N °rE 0 d co av v oa -0 0) o V Uv (D O (O cQ' - a c Y Z o a cm Z O C� o(D 0 m o Y E E mm c Y m n> m c m ¢ o U) CO o 0 0. @ U m m o Q c a) d �-' 0 op E (%) 0U) 0 -UM mU MZ U OC U '� ¢ W, O coE N> m o O> L> U V n m 'a co N U U '6 pNj (O Z w z>�y(o p o o �mm¢M m m c a cc c m co0ZCD� U m� OR niid m o m o (U m rn a) s Uv N M c O q c O 0 O N m m E 0 0 N O U U K c c c 0 a> m m rn E m Y m Y ¢ (» U 3 (» U 3 (» C m 0— m w a) s Q °c m c o c m 0 m o E m m 2 N N 5 E 3 m m U — z z Z z a> a) 0 0 0 m a o E co o o 0 U m CL o N O d O E y > U% m 0 > m 3 m a o 3 m U > (4 m 0 (O E ao 0 0 0 0 0 0 m E c m ¢ to o co c ca r 00 ui 1 Uri Nr 0 C ° ©� \�:` o e m(n ca k\(\ / \ m)\\ /\,# a»\± /\_ ®\\\°�k§ §a /4FO u / t- . m�\\ \)\ \: 0 ��§<� Ja®! )t) (}C \j)\\ \�/® E§/ )2fo» 7<as@ 2)«( \\ \0mIxa) \0 3 \ \ _\\_\0 } } / } 00 ® x LL ) ) \\. }. . 0 V Q m h0 D) N M G (p N 3 a) �^ -- M C l0 p O c al > O co 0) D N EN to M NO'O U O CO c " c MN E> OM Q'WM (` a)O O O N Zm O O U( Y OLV ca .co cn o c o > Q a7- m U @ U Q c U m c m U m c> o. o E m co Z. a m t� o c� °c cu E Q d o m a) (If Co a LO a o E 0(D U) UUU., m °oQ't� 0� V UN 2 n m aa) E� WCoz(D o�E � m m �ciUtl> O m o 00 0o m m {O x GO O 'T N i O u I- N _ c O O M M O V c C O U O U C Y c N Q1 0 N m t v3 U 3 e» LU E» U 3 ss Q Q Q Q Z Z z Z N N N N N O d E N (o C m (� to m o E c co 0 O O O O O O N p 0 cli LO O a0 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 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 Constructiory Manager for the Contractor. ,i Upon request, the Contractor shall attach a financial ste sufficiently comprehensive to permit an appraisal of the conditions. V4ut0,t 661A1Ca21rjG Z"( 12 and other information :tor's current financial I, Tlf fZ A 82-204 Hwy 111, Suite C-201, Indio, CA 92201 (760)564-2536 Fax(760)564-3646 Contractors License No. 565735 Class A Mocon Corp has Successfully completed the following projects by the Pipe Bursting Method Project: Main Sanitary Sewer Rehab — Coast Guard Island Contractor: Mocon Corporation Year: March 2004 Project description: 1,900 If of 8" clay sewer replaced with 8" HDPE by Pipebursting, 800 If of 10" clay sewer replaced with 10" HDPE by Pipebursting, 6001f of 12" clay sewer replaced with 12" HDPE by Pipebursting. Project location: Coast Guard Island, Alameda, CA Dollar Amount: $ 540,000 Forman: Bob Morrow Owner: United States Coast Guard Owner Contact: Bill Erickson Owner Phone: (510)535-7248 Project: Repair Sewer Main by Pipebursting Method, Salt Wells Contractor: Construction Concepts Inc Year: November 2005 Project description: 4,686 If 8" sewer replaced with 8" HDPE by Pipebursting Project location: China Lake Naval Air Weapons Station, China Lake, CA Dollar Amount: $ 334,000 Forman: Bob Morrow Owner: United States Navy Owner Contact: Patty Crom Owner Phone: (760)939-4423 Project: Pacific Avenue and 14a' Street Sewer Project Contractor: Mike Perlich and Sons Year: 2005 Project description: 2,350 LF of Existing 12 inch Replaced with 19.5 inch - Pipe was far below the water table Project location: West Minister, CA Dollar Amount: $490,000 Forman: Bob Morrow Owner: Midway Sanitay District Owner Contact: Don Greek Owner Phone: (714)568-0200 ext 207 Project: Phase 1 sewer improvements Contractor: SC Valley Eng Year 2007 Project description: approx 300 if 6" sewer replaced with 8" HDPE by Pipebursting Project location: La Mesa CA Forman: Rob Morrow Owner: City of La Mesa Owner Contact: Scot Adamson Owner Phone: 858-243-4977 Project: Phase 2 sewer improvements Contractor: SC Valley Eng Year: November 2008 Project description: approx 1430 if 6" sewer replaced with 8" HDPE by Pipebursting Project location: La Mesa CA Forman: Rob Morrow Owner: City of La Mesa Owner Contact: Scot Adamson Owner Phone: 858-243-4977 Project: Phase 3 sewer improvements Contractor: SC Valley Eng Year: 2009 Project description: approx 1,961 if 6" sewer replaced with 8" HDPE by Pipebursting Project location: La Mesa CA Forman: Rob Morrow Owner: City of La Mesa Owner Contact: Scot Adamson Owner Phone: 858-243-4977 Project: Construction of Relief Sewers, Coolage, Brookdale, and MacArthur Contractor: Mocon Corp Year: 2007 Project description: 800 LF of Existing 15" Pipe Bursted to 24" HDPE + other various work and 2,2001f of 10" VCP to 14" HDPE Project location: Oakland, CA Dollar Amount: $2,345,000 Owner: City of Oakland — Public Works Agency Owner Contact: Phillip Fung Owner Phone: (510)238-2938 Project: Hill Street Rehabilitation 91h Avenue to Queen Avenue Contractor: Emery Construction Year: 2004 Project description: 235 LF of Existing 12 inch Replaced with 12 inch and 1,320 LF of Existing 15 inch Replaced with 16 inch HDPE Project location: Albany Oregon Dollar Amount: $121,035 Forman: Robert Morrow Owner: City of Albany, OR Project: Pacific Ocean Park Blvd. Contractor: Mike Perlich and Sons Year: 2005 Project description: 600 LF of Existing 8 inch Replaced with 14 inch and 1,300 LF of Existing 8 inch Replaced with 16 inch Project location: Santa Monica, CA Forman: Robert Morrow Owner: City of Santa Monica Owner Contact: Eugenia Chusid Owner Phone: (310) 458-8795 Project: COLLECTION SYSTEM REHAB PROJECT PHASE 1 Contractor: Insituform Year: October 2007 Project description: Pipeburst approx 3,040 LF of existing 6" pipe and replace with 8" HDPE pipe, O. D. of 8.625', I.D. of 7.57 Project location: Carpinteria, CA Forman: Robert Morrow Owner: Carpinteria Sanitary Dist Owner Contact: Craig Murray Owner Phone: (805) 684-7214 Project: 2006 Cayucus Sanitary Sewer Project Contractor: Mocon Corp Year:October 2006 Project description: Pipeburst HDPE pipe Project location: Cayucos, CA Forman: Robert Morrow Owner: City of Cayucos, CA Owner Contact: Bill Calahan Owner Phone: (805) 995-3290 approx 1,311 LF of existing 6" pipe and replace with 8" Project: Replace Sewer Lines Contractor: Mocon Corp Year: 2008 Project description: Pipeburst approx 850 LF of existing 6", 8", 10", 12" pipe replaced with 8" and 12" HDPE pipe Project location: Pamona, CA Forman: Robert Morrow Owner: Lanterman Developmental Center Owner Contact: Owner Phone: ( Project: Camp Pendleton Rifle Range Contractor: Har Construction Year: 2008 Project description: Pipeburst approx 2,232 LF of existing 6" VCP pipe replaced with 8" HDPE pipe Project location: Camp Pendleton, CA Forman: Robert Morrow Owner: United States Navy Contact: Eric Thomson Phone: ( 619) 575-5995 Project: Sewer Replacement Project Contractor: Mocon Corp Year: 2008 Project description: Pipeburst approx 442 LF of existing 6" pipe and replace with 8" HDPE pipe Project location: Fullerton, CA Forman: Robert Morrow Owner: City of Fullerton, CA Owner Contact: Project: Prado Park Interceptor Improvements Contractor: Mocon Corp Year: 2009 Project description: Replace approx 1400 LF of 10" VCP with 10" HDPE by Pipe Bursting Method. Project location: Chino, CA Forman: Robert Morrow Owner: Inland Empire Utilities Agency Owner Contact: John Scherk Phone: 909-936-3126 Project: Angora Tank Replacement and Sitework Contractor: KG Walters const Year: 2009 Project description: Replace approx 832 LF of existing 8" steel water pipe and install 10" FPVC pipe by the pipe bursting method.. Project location: S. Lake Tahoe, CA Forman: Robert Morrow Owner: South Lake Tahoe Public Utility Dist Owner Contact: SLTPUD Eng Phone: 530-544-6474 Project: Templeton Interceptor Sewer Upgrades Contractor: Specialty Construction Year: 2003 Project description: 10,800 LF of Existing 12 inch Replaced with 20 inch Project location: Paso Robles, CA Dollar Amount: $680,000 Forman: Robert Morrow Owner: City of Paso Robles Owner Contact: Mike Columbo Owner Phone: (805)237-3865 Project: Pump Station No. 24 Contractor: Specialty Orion Construction Year: 2000 Project description: 2,200 LF of Existing 12 inch CIP Replaced with 12 inch HDPE Project location: La Jolla, CA Forman: Robert Morrow Owner: City of San Diego Project: Sewer Replacement Project Contractor: Vasilj Year: June 2013 Project description: Upsizing existing sewers by the pipe bursting method. 10"=11,677 LF, 12"=14,844 LF, 16"=1,125 LF, 20"=695 LF Project location: Covina, CA Dollar Amount: $1,620,639.29 Forman: Robert Morrow Owner: City of Covina, CA Owner Contact: Kalieh Honish Owner Phone: (626)384-5227 Total Listed 70,000 lf+ Any further questions call Rob Morrow (503)580-4420 City of Newport Beach ST JAMES ROAD SEWER RELOCATION Contract No. 4910 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 0 CAxi bt ) A. S 0 0 & %A -J S , beinn first duly sworn, deposes and says that he or s#ae is I& S7ytc."r— of 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 containe/inot id are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid priceeakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, apay, any fee to any corporation, partnership, company association, organization, bid depositoryy member or agent thereof to effectuate a collusive or sham bid. I d clare under penalty of perjury of the laws of the State of that the foregoing is true and correct. Bidder Authorized Signature/Title Subscrib an orn to (or affirmed) before me on thisl,—, , day of(4Lk— 2014 by ( k.S , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. [SEAL] CYNTHIA J. VALENCIA Commission # 1952790 ZqP Notary Public - California zZ Orange County n My Comm. Expires Oct 15, 2015 13 I the St to of California that the lic My Commission Expires: (J /S - City of Newport Beach ST JAMES ROAD SEWER RELOCATION Contract No. 4910 DESIGNATION OF SURETIES Bidder's name D 14t4t v.1 /: N Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): (c/4-ICt) SS3--9-6j,6 I O S , 01-0 2L-R,t1-,tic GRA.4, 1// a / CULaE2rSOA3 �12� Sc_2AAcL's 10.11 59C;IKs2ISTOOL-"S4,xr,►.- A,, 4CItA.J�oaJ ✓�a/ 3TC ZvJ, �ks�,�c� �2SY67 C7i�/� 92/-030 �Iy2ri�i�.u� 2i�a., �P ►�r� WS. 70l �1,�✓1 t�2 S� � d 2 �' (o i'%� 7 1' C—n - 77TS S 14 City of Newport Beach ST JAMES ROAD SEWER RELOCATION Contract No. 4910 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL r Bidder's Name /a bt Lvr Lti6"ii,,J(, /'A.)L 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 No. of contracts Total dollar Amount of 16 .7 Contracts (in / b ��� Ob /0-00 Thousands of $ No. of fatalities �� 0 No. of lost Workday Cases No. of lost workday cases D involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder 1-LJS � ,, /� r,,� ,/J -J L Business Address: ?S71 Coy,,4,00 "�s„�,, 9 2S0G Business Tel. No.: 5!a 2 State Contractor's License No. and Classification: 7o? c/// c/ Title The above information was compiled from the records that are available to me at this time and I declare under penalty of j�erjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title M Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 City of Newport Beach Contract No. 4910 Bidder's name 4uc41-f( AJ(,e4.sCo;nikIt. 4,f IC 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 17 City of Newport Beach Contract No. •;► Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Alec dam KJ6 o&J&:;6rtr i*Vv r N L• Business Address: aa 7/ 4,4, (enQW„4120 Z!AZ&`fJr ed- 92 C Telephone and Fax Number: 7�c ZJ /y)&KZ-397S- P;=5l�7/0 &54 -/ 9.6 California State Contractor's License No. and Class: '7ay//4 (REQUIRED AT TIME OF AWARD) Original Date Issued: - Expiration Date: O (b -3® - 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: 611 /"/-ktL4J S (!�L.D. 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 & Pawi C- a. z'd-r® L-YonO&A br, 71V -b3 Z -3017S' Corporation organized under the laws of the State of r!../ I EntoJ) V'+- 1H The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: %✓OAA&;" 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; iOyt — Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Nn Have you ever failed to complete a project? If so, explain. W6 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 / Vo 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. �rrtC0S L "-- Ju6?"6-KI&J IAC Bidder (Print name of Ow,6r President of Corporation/Cl any) Authorized SianaiQre/Title ?a &— ',- I -�,o ;7 - Title Date On l 4 before me, 04114 , -1 Q (4v%CL'" Notary Public, personally appeared 11.3 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. WVNESJS my hand and official seal. id State My Commission Expires: 1)'�5�� S� 20 CYNTHIA J, VALENCIA _Commission # 1952790 a -�m Notary Public - California z Z ' ��� '' Orange County n My Comm. Expires Oct 15, 2015 City of Newport Beach Contract No. 4910 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 ST JAMES ROAD SEWER RELOCATION CONTRACT NO. 4910 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 30th day of July, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PAULUS ENGINEERING, INC., a California corporation ("Contractor"), whose address is 2871 E. Coronado, Anaheim, CA 92806, 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: St. James Road Sewer Relocation. The work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing P.C.C. pavement, sidewalk, curb and hardscaping, landscaping and irrigation as needed for new work; (4) constructing sewer improvements including manholes, laterals and cleanouts; (5) constructing sidewalks, P.C.C. pavement, curb, etc.; (6) replacing private yard's landscaping, hardscaping and irrigation improvements; (7) removing existing storm drain pipe; (8) installing hydrodynamic separation unit including manholes; (9) constructing diversion weir box including weir, blockouts and manholes; (10) construct entry and exit pits for pipe bursting; (11) install sewer main using pipe bursting methods; (12) remove existing brick drop manhole; and (13) all other incidental items to be completed in place required by the Plans and Specifications (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. 4910, 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 2.1 Work on Private Property. The Work will include, but not be limited to, removal, disposal and replacement of existing public and private improvements including portions of rear property line walls/fencing, chain link fencing, wood fencing, portions of the side yard walls/fencing, trees, landscaping, irrigation, debris, weeds, trash and selective removal/ replacement of private yard's landscaping, hardscaping and irrigation improvements. The City has acquired the necessary easements and right of entry to perform work on private properties in advance of this work. Contractor must comply with all terms or conditions of such access and entry rights. Contractor must coordinate with affected residents before any work within private property takes place, including demolition. 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 Five Hundred Thirty Nine Thousand Six Hundred Forty Five Dollars ($539,645.00). 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. Paulus Engineering, Inc. Page 2 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.). 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: Public Works Director 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: Paul Paulus Paulus Engineering, Inc. 2871 E. Coronado Anaheim, CA 92806 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. Paulus Engineering, Inc. Page 3 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, 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 Paulus Engineering, Inc. Page 4 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. 8. CHANGE ORDERS 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. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 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] Paulus Engineering, 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 A4TORNEY'S OFFICE Date: By: Aa on C. HarpGAM City Attorney "(014 vI ATTEST: Date: By: hWt--�� Leilani I. Brown City Clerk s�Foa CITY OF NEWPORT BEACH, a Califor� m�icipal corporation Date: By: D Rush N. i , II Mayor CONTRACTOR: Paulus Engineering, Inc., a California corporation Date: By: Ron lus Chief xecutive Officer Im [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Paulus Engineering, Inc. Page 6 l INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Paulus Engineering, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business 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. 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 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, products and completed operations, 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. Paulus Engineering, Inc. Page A-2 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. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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 Paulus Engineering, Inc. Page A-3 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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. 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 Paulus Engineering, Inc. Page A-4 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. Paulus Engineering, Inc. Page A-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/29/14 Date Completed: 7/29/14 Dept./Contact Received From: Raymund Sent to: Raymund By: Chris Company/Person required to have certificate: Type of contract: Paulus Engineering, Inc All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/14-5/1/15 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater): A:XI C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® 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): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/14-5/1/15 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater) A:XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000/2,000,000 E, LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) NIA 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: 5/1/14-5/1/15 A. INSURANCE COMPANY: Security National Insurance Company B. AM BEST RATING (A-: VII or greater): A:XI 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: ® 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: en�;715 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/29/14 Date ® N/A ❑ Yes ❑ No /1 ■ ■ RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date EXECUTED IN TWO COUNTERPARTS �-IIII-3 CITY OF NEWPORT BEACH BOND NO. 2168299 LABOR AND MATERIALS PAYMENT BOND BOND 412168299 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for St. James Road Sewer Relocation, 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, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Thirty Nine Thousand Six Hundred Forty Five Dollars ($539,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, 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. Paulus Engineering, 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 21ST day of AUGUST _'2014 PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 Telephone BY`:�� , c 4. Athoriz d i na ure/Titl c BY: _ Authorized Agen S' nature CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-2 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 }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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Paulus Engineering, Inc. (seal) CALIFORNIAALL-PURPOSE State of California County of Orange } On 08/21/2014 beforeme, Cynthia J. Valencia, Notary Public personally appeared Michelle June who proved to me on the basis of satisfactory evidence to be the persons) 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 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. WITNE y hand and official seal. CYNTHIA n VALENCIA Commission # 1952790 z s Notary Public - California Z .® Orange County Signature of Not blic (Notary Seal) My Comm. Expires Oct 15, 2015, ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Infomtation CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title CFO Partner Attorney -In -Fact Trustee Other CALIFORAIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 8-21-14 before me, Jan C. Moran, Notary Public Date Here Insert Name antl Title of the Ox1ce, personally appeared Charles L. Flake 5JAN C. MORAN v@Comm.Exp COPt4M. #1967021 CDNOTARY PUBLIC a CALIFORNIA w ORANGE COUNTY FES 17, 2016 Place Notary Seal Above 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. Signature SignaWre of Notary Public OPTIONAL J C. Moran Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ❑ Corporate Officer—Title(s): _ ❑ Partner —❑ Limited ❑ General 29 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: CI individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMSPRINT. ':OF SIGNER 02MTNafiooal NOt,yA datbr•9350De Sdo Ave.,PO.6x242.Ohffi anh.CA913i&2462-www NabralNotaryo, Item#5907 Reorcfer Call TOl6Free180 876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its nue and lawful Attotney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shalt exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such effects and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." s;§aymllhurrj v70. ww!"'wu"'xdn m ;Pry By pdaadk9rF. SPAt StevmAAndomon,8a,lor Vloe Pe,sldenl of Wasbingtoalmemadooalinoraue Company �EA197a nq ' &SeniorVice Prtsideacao£NmthAmrinv spaeUllytamean" Company hIII11tllnem MM M. l.ayaaq Vico P WenmfWaals. oa lwlrmlwmlInsurance Company gym° N & vice Prc0denl aFNortb Aan. k.. spamma, Tasman. Campany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this17di day of Doty 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: On this 17th day of July , 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAS," DONNA D..SKLENS Notary Public, State of Illinois Donna D. Sklens, Notary Public My ('omluission Elpires,IOM612015 I, g the duly elected Assistant Secretary of North American Spe Jeffrey Goldbercialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN W79ESS WHEREOF, I have set my hand and affixed the seals of the Companies this21st day of August , 20 14 . loNmy Goidbm , Vice Peeidml & A6a Itml Swmrery of WaAingmn lmmoatmoA lmur Company& Noa Amerioaa Specialty lmamme Company EXECUTED IN TWO COUNTERPARTS 4A 011 3rr� CITY OF NEWPORT BEACH BOND NO. 2168299 FAITHFUL PERFORMANCE BOND BOND #2168299 PREMIUM: $7,545 The premium charges on this Bond is $ 7,545.00 , being at the rate of $ 14.40/8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for St. James Road Sewer Relocation, 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 NORTH AMERICAN SPECIALTY 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 Five Hundred Thirty Nine Thousand Six Hundred Forty Five Dollars ($539,645.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by 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. Paulus Engineering, 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 21ST day of AUGUST ,2014 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DRIVE, SUITE 850 SANTA ANA, CA 92707 Address of Surety 714/550-7799 Telephone BY:�'-w � C.. naA rWIT' le/ � , a BY: Authorized AgigrYatere CHARLES L. FLAKE/ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page C-2 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 ACKNOWLEDGMENT State of California County of } ss. (seal) 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 helshe/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 Paulus Engineering, Inc. (seal) CALIFORNIAALL-PURPOSE State of California County of Orange } On 08/21/2014 before me, Cynthia J. Valencia, Notary Public personally appeared Michelle June 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 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. WITN S my hand and official seal. CYNTHIA J, VALENCIA �"` Commission # 1952790 Notary Puhlic - California z Orange County Si tore o yPubli (Notary Seal) My Comm. Expires Oct 15, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title CFO Partner Attorney -In -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of Orange 1i On 8-21-14 before me, Jan C. Moran, Notary Public Date Here Ivan Name and Title of the Officer personally appeared Charles L. Flake Place Notary seal Above 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 persorl 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 (\OVVV C. ur _ Signature of Notary Publb OPTIONAL Jaj2 C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ice Limited ❑ General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signers Name:__ __— ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited '-1 General J Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2007 National Notary A nation -g3 De Sob Ave., P,O B x 2402 •Chaim h,CA 91313-2402 • w Natio [Notary, g Item #G907 Remdec CallToll-Free l 8 76-9821 JAN C. MORAN ::,,,. COMt— #1967021 u NOTARY PUeLtC CALIFORNIA ORANGE COUNTY Comm. Exp. FEB. 17, 2015 Place Notary seal Above 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 persorl 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 (\OVVV C. ur _ Signature of Notary Publb OPTIONAL Jaj2 C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): _ ❑ Partner — ice Limited ❑ General N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signers Name:__ __— ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited '-1 General J Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®2007 National Notary A nation -g3 De Sob Ave., P,O B x 2402 •Chaim h,CA 91313-2402 • w Natio [Notary, g Item #G907 Remdec CallToll-Free l 8 76-9821 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD Y OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, a; surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." .00ianlumgn ��s��wurrr v„ se seebbnPtlgtr?c,,°^ rtp0v��'u syP B RastfSEAM OE Steve P. Ancieraoq Settlor Vitt Preaidvni ofWuhlegtoo latereaduaat lncunote Compaey ���+' Yy 1879.,Cpv,,ogfi &sector Vire PresdrWNceh American Speuaay Incase. Compuny Ott �� BY David M. Lepvae, Wee Preddm[ o[ Was6ingtva We .... lecw luunnre Campan. &Vice PrWcctor Oo American Speelalry feucaett CamPeny IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of Iuly 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: On this 17th day of July 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFRCIALSEAVI DONNA D. SUWS Notary. Public, State of Illinois Donna D. Skims, Notary Public My Commission&piles J00 015 I, Ieff .y Ooldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this2lst day of August , 20 14 . /tatty cetdoas, Vire President&Auitme, see r of Wuhinplm Inwuatmnal raautmKt Compuny & NoM Amuiae apeciahy lcswente Comlwy •* W-11 M40 11 'E CONTRACT NO. 4910 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Gentlemen: WZME01sul 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. 4910 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 0 3. LUMP SUM MOBILIZATION AND DEMOBILIZATION @ T'wk. -r % Dollars and 2 C_szo Cents LUMP SUM LUMP SUM TRAFFIC CONTROL @ S'eww jrq Dollars and !Z G Cents LUMP SUM LUMP SUM SURVEYING SERVICES @ wo HaISAAA n 91A;C W Dollars and -z� /LG Cents $ LUMP SUM Im PR2of10 1 EACH ABANDON EXISTING RESIDENTIAL SEWER PUMP STATION v✓�ts/?Dollars and Z X72( Cents $ =t' $ 3 po Per EACH 5. 2 EACH FURNISH AND INSTALL 48" DIA MANHOLE 10 @ Sty I/E%`r i`fi0vSrro rJ, Dollars and �L'26 Cents $ p no $ /VDo0 m` Per EACH 2 EACH FURNISH AND INSTALL 48" DIA DROP MANHOLE @ Mq6_ %obosavn Dollars and Z 1=2Lo Cents $ f`' Per EACH 10 EACH FURNISH AND INSTALL 6" SEWER LATERAL CLEANOUT INCLUDING FITTINGS @ &NE- Dollars and Ze&o Cents $ //OoO $ /®, 000-Ap EACH 400 L.F. FURNISH AND INSTALL 8" VCP SEWER INCLUDING FITTINGS and po Cents $ $ '0 C) Per LINEAL FOOT 525 L.F. FURNISH AND INSTALL 6" VCP SEWER LATERAL INCLUDING FITTINGS AlwallI�^lgy.,IjjJAJ ink Dollars and %c �a Cents $ q (' DD $ ��'7S- 00 Per LINEAL FOOT 1 4 50 L.F. REMOVE EXISTING SEWER AND PLUG @ ! Dollars and `ZE<O Cents $ Yq-22 $ 24 y ap Per LINEAL FOOT PR3of10 11. 65 S.F. REMOVE AND CONSTRUCT SIDEWALK (PRIVATE) @ T I l t2C!( n �j t:F Dollars and z C y - U Cents $ f -S0 $ _7—,o J S --2j Per SQUARE FOOT 12. 2 EACH REMOVE EXISTING TREE INCLUDING ROOT BALL (<20" DIA) @; mrz&t c 'T'ht001,4',® Dollars and 2 6- 12,r Cents $ 3,®00 +2'0 $ �o a 600 ^� Per EACH 13. 1 EACH REMOVE EXISTING TREE INCLUDING ROOT BALL (>20" DIA) @ 6 0 Lr- 11 0a_)A -r3 Dollars and 7 -eh a Cents $ ' $ �S:C�00 Per EACH 14. 2 EACH ABANDON EXISTING MANHOLE @ Two Thou Uan F;vc AvLjpgjra Dollars and Yek-1 Cents $ baa $ �a Per EACH 15. 2 EACH ABANDON EXISTING CLEANOUT 16 @ F6un AuL20250 Dollars and Me /u Cents $ L�OD $ g'00 9 Per EACH LUMP SUM LANDSCAPING, HARDSCAPING AND IRRIGATION FOR 721 ST JAMES ROAD @ Sevcw / ha ,s -gn4 Dollars and ®® Zero Cents $ o®® — Per LUMP SUM 17 IO 19. 20. FIX PR4of10 70 L.F. PROTECT OR REMOVE AND CONSTRUCT WALL/ FENCE FOR 721 ST JAMES ROAD (MATCH EXISTING) lXISTING) @ /yJ %A®. J &144IJIAAIJ J �J f� Dollars and 2e®® Cents $ t 25-.5!-o $ 20 ®® Per LINEAL FOOT LUMP SUM. LANDSCAPING, HARDSCAPING AND IRRIGATION FOR 729 ST JAMES ROAD @_Yimc TAO Dollars and ?�® Cents $ Do® 0O Per LUMP SUM 70 L.F. PROTECT OR REMOVE AND CONSTRUCT WALL/ FENCE FOR 729 ST{ JAMES ROAD (MATCH EXISTING) @ w�7413S*evf S6VCA K �k(j� k � C.t4 V Dollars and T ?.e✓n Cents $ I257--' $ 7SOaO Per LINEAL FOOT LUMP SUM. LANDSCAPING, HARDSCAPING AND IRRIGATION FOR 731 ST JAMES ROAD @Fur 7 „s�..di �vc �ta r�.r' Dollars and Zelv Cents $ 000o Per LUMP SUM 70 L.F. PROTECT OR REMOVE AND CONSTRUCT WALL/ FENCE FOR 7®31 ST JAMES ROAD (MATCH EXISTING) @ baeh�ji4ti Ctvt n fA4117 ✓ �,l ty/Dollars and "` Z.c.ro Cents $ °'� $ al $-D' Per LINEAL FOOT 22. 23. 133 25. 26. PR5of10 LUMP SUM. LANDSCAPING, HARDSCAPING AND IRRIGATION FOR 735 ST JAMES ROAD @ 5;7�oliSaiu.� Dollars and 2P,ro Cents $ k, DOd_OD Per LUMP SUM 70 L.F. PROTECT OR REMOVE AND CONSTRUCT WALL/ FENCE FOR 735 ST JAMES ROAD (MATCH EXISTING) @/ iflj IA 140/0 �nrn 1] AZ'fd + �e Dollars and %c,'a Cents $ 12s-0-0 $ so Per LINEAL FOOT LUMP SUM. LANDSCAPING, HARDSCAPING AND ))IRRIG /ATION FOR 734 ST JAMES PLACE @ �hP: 7h®us;"^d �'vL dwigI&I Dollars and Zr®n Cents $ IS -DO ®® Per LUMP SUM 70 L.F. PROTECT OR REMOVE AND CONSTRUCT WALL/ FENCE FOR 734 734 ST JAMES PLACE (MATCHEXISTING) @ rrf- kl pjM hd-Min aAk j ; i�V Dollars and 7 00 2 r o Cents $ 1 "� $ Sc 7 SD Per LINEAL FOOT LUMP SUM. LANDSCAPING, AND IRRIGATION FOR/730 ST JAMES PLACE @7hrs-I�,.S�N,j ivc ad/®®Dollars and �cro Cents Per LUMP SUM 27 W. 29. LUMP SUM. LANDSCAPING, HARDSCAPING AND IRRIGATION FOR 724 ST JAMES PLACE @ 1 t r Oma 1 10140A,j Dollars and Zero Cents $ 131p Per LUMP SUM 10 L.F. REMOVE AND CONSTRUCT WALL/ FENCE FOR 724+ST JAMES o PLACE MIA,TC�I ISTING) @ 0,�7l�aµ� _ �■f " "f c9{ l / �ollars and 2c r Cents $ � $ 25-D wo Per LINEAL FOOT 1 EACH FURNISH AND INSTALL HYDRODYNAMIC SEPARATION UNIT BY CDS @ f Qu SRS Dollars and Z�/LD Cents $ ry $ _ O6 y Per EACH 30. 1 EACH CONSTRUCT FLAT INVERT, STEEL REINFORCED P.C.C. DIVERSION WEIR BOX @ Tk i! car,' F 100, la40,2 eAti, r, Dollars and Z6"?r Cents $ $ V Per EACH 31. 1 EACH CONSTRUCT P.C.C. WEIR 32 @—i K✓ -&-K ZHQu4AaJK? Dollars and Z6 ®2.o Cents $ oo $ 3`bvm Per EACH 3 EACH FURNISH AND INSTALL 24" BOLT DOWN TYPE MANHOLE FRAME AND COVER @ 5 VE-,tJ &Ajwrt 4 Dollars and 7 Cents $ i(90 °j $ _op ( Per EACH 33. 34. 35 36. 37 m, PR7of10 1 EACH. CONSTRUCT BLOCKOUTS IN P.C.C. DIVERSION WEIR BOX @_tuzo 9i°ta1SA„!n t=,Ut_ Viuumre3 Dollars and 6 Cents $ O -cr $ 2, S'pa o Per EACH 12 L.F. REMOVE INTERFERING PORTIONS OF EXISTING STORM DRAIN r @®n/0grg>rA&,ar�(FVA• Dollars and Z,Ar&g Cents $ - $ Per LINEAL FOOT 90 C.Y. FURNISH AND INSTALL FULL DEPTH 1 -SACK SLURRY BACKFILL @ T� l n fou od > r® Dollars and 7140 Cents $ Zoo Per CUBIC YARD 730 S.F. REMOVE EXISTING P.C.C. PAD AND CONSTRUCT 4" P.C.C. PAD @ Dollars and c!o® Cents $ �� ®, $ Per SQUARE FOOT 120 S.F. CONSTRUCT 6" P.C.C. PAD @ Dollars and a/& Cents $ Per SQUARE FOOT 1 EACH REMOVE AND CONSTRUCT GATE @ M o Eyi-. , 04442 Dollars and 4 /ota Cents $ (Z20-4) $ Per EACH 87 L.F. FURNISH AND INSTALL 8" HDPE, SDR 17 SEWER BY PIPE BURSTING METHOD @ivua FI✓va.e4<s lui y -,f Fi✓i:�, —Dollars -y and Cents $ $ ®� Per LINEAL FOOT 41 LN 43. ELI 45. 45 L.F. FURNISH AND INSTALL 8" HDPE, SDR 17 SEWER BY OPEN CUT METHOD @U&einLI gins a Dollars and 'J2 d Cents $ ® 0 Per LINEAL FOOT 2 EACH REMOVE EXISTING P.C.C. PIPE ANCHOR TO ALLOW FOR PIPE BURSTING METHOD @ dlm ",I /, Dollars and 2 BIZ® Cents $ --p# $ 4s Per EACH 1 EACH REMOVE EXISTING WELDED STEEL PIPE DROP INLET AND BRICK DROP MANHOLE @ i){dd %Hov rn Dollars and Cents $ 0' $ 3 -4 Per EACH 10 L.F. REMOVE AND CONSTRUCT P.C.C. TYPE A CURB AND GUTTER PER CNB -182-L @Gnlr /w/u0"e:b Dollars and Z A:E , Cents $ =? $ Per LINEAL FOOT 65 S.F. REMOVE AND CONSTRUCT P.C.C. SIDEWALK PER CNB -1 80-L @TIIPrrt E-1 `7w -D Dollars and 'Z Cents $ =, $ 74690 Per SQUARE FOOT 35 S.F. CONSTRUCT PAVEMENT RESTORATION PER CNB STD -105-L @SNE" 40VW iDYJF --A1 Dollars and Cents $ SOS ® $®® r Per SQUARE FOOT w 47 45 L.F 2 EACH 1 L.S. av11 0 1 REMOVE EXISTING WELDED STEEL PIPE (WSP) @ 6FrY Dollars and k-0 Cents $ Per LINEAL FOOT JOIN EXISTING SEWER LATERAL TO HDPE PIPE @ 6 uLC ! U sAwtn h Na ;rf Dollars and ,Z-0 Cents $ 0 of $20b -It Per EACH PROVIDE BYPASSING OF EXISTING SEWER FLOWS @gym we 9 &2,_i s.A�412 Dollars and zi''k1' Cents $ *v Per LUMP SUM 49, 1 L.S PROVIDE AS -BUILT PLANS (AND DBE CERTIFICATION IF APPLICABLE) @ ONE THOUSAND FIVE HUNDRED Dollars and NO Cents $ 1,695 Per LUMP SUM TOTAL PRICE IN WRITTEN WORDS and -2-e- f ® Cents Date PP+iry) 63z -3g �s txhru) 63z-ibo g Bidder's Telephone & Fax Numbers Bidder's License No(s). and Classification(s) PR 10 of 10 Dollars $ LIS- o® Total Price (Figures) Bidder's Authored Signature and Title Bidder'sAddress SectionSee 11 For -• -• Bid Submittals INDEX FOR SPECIAL PROVISIONS ST. JAMES SEWER RELOCATION CONTRACT NO. 4910 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.1 General 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.6.4 Dewatering 7-8.6.5 Payment 7-8.7.2 Steel Plates 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 1 1 1 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 6 6 6 7 7 7 7 7 7 8 8 8 9 9 10 10 12 7-10.1 Traffic and Access 12 7-10.3 Street Closures, Detours and Barricades 12 7-10.4 Safety 13 7-10.4.1 Safety Orders 13 7-10.5 "No Parking' Signs 14 7-10.6 Notices to Residents 14 7-10.7 Street Sweeping Signs and Parking Meters 15 7-15 CONTRACTOR'S LICENSES 15 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 15 7-19 SEWER FLOW BYPASS SYSTEM 16 7-20 STORM DRAIN FLOW BYPASS SYSTEM 16 SECTION 9 - MEASUREMENT AND PAYMENT 17 9-3 PAYMENT 17 9-3.1 General 17 9-3.2 Partial and Final Payment. 28 PART 2 - CONSTRUCTION MATERIALS 28 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 28 201-1 PORTLAND CEMENT CONCRETE 28 201-1.1 Requirements 28 201-1.1.2 Concrete Specified by Class and Alternate Class 29 201-2 REINFORCEMENT FOR CONCRETE 29 SECTION 203 — BITUMINOUS MATERIALS 29 203-5.3 Composition and Grading 29 203-6 ASPHALT CONCRETE 29 203-6.4 Asphalt Concrete Mixtures 29 203-6-4.3 Composition of Grading 29 SECTION 207 - PIPE 29 207-2 REINFORCED CONCRETE PIPE (RCP) 29 207-2.1 General 29 207-2.5 Joints 29 207-19 POLYETHYLENE (PE) SOLID WALL PIPE AND LINER 30 207-19.1 General. 30 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 30 212-1.1 Topsoil. 30 212-1.1.1 General. 30 212-2 IRRIGATION SYSTEM MATERIALS 30 212-2.1 Pipe and Fittings. 30 212-2.1.1 General. 31 212-2.2 Valves and Valve Boxes 31 212-2.2.1 General. 31 212-2.2.7 Valve Boxes. 31 212-3 ELECTRICAL MATERIALS. 31 212-3.1 General. 31 SECTION 214 - PAVEMENT MARKERS 31 214-4 NONREFLECTIVE PAVEMENT MARKERS 31 214-5 REFLECTIVE PAVEMENT MARKERS 31 SECTION 215 - STORM WATER TREATMENT DEVICE 31 215-1 DESCRIPTION 32 215-2 QUALITY ASSURANCES 32 215-3 SUBMITTALS 215-4 MATERIALS AND DESIGN 215-5 PERFORMANCE 215-6 MANUFACTURER 215-7 HANDLING AND STORAGE 215-8 INSTALLATION PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General. 300-1.3.2 Requirements 300-1.4 Payment. 300-1.5 Solid Waste Diversion. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General. 300-2.9 Payment. 300-4 UNCLASSIFIED FILL 300-4.3 Other Fill Material 300-4.9 Measurement and Payment SECTION 301 TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-1.7 Payment 301-2 UNTREATED BASE 301-2.4 Measurement and Payment SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 302-5.4 Tack Coat 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing 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 303-5.5 Finishing 303-5.5.1 General 303-5.5.2 Curb 303-5.5.4 Gutter SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.1 Trench Excavation. 306-1.1.1 General. 306-1.1.6 Bracing Excavations. 306-1.2 Installation of Pipe 306-1.2.1 Bedding. 306-1.3 Backfill and Densificaiton 306-1.3.3 Water Densified Backfill 306-1.3.4 Compaction Requirements 306-1.5 Trench Resurfacing 306-1.5.1 Temporary Resurfacing 32 33 33 36 36 36 36 36 36 36 37 37 37 37 38 38 38 38 38 38 39 39 39 39 39 39 39 39 40 40 40 40 40 40 40 40 40 41 41 41 41 41 41 41 41 41 42 42 42 42 306-1.6 Bases of Payment for Open Trench Installations 42 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 43 308-1 General 43 SECTION 310 - PAINTING 44 310-5 PAINTING VARIOUS SURFACES 44 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 44 310-5.6.6 Preparation of Existing Surfaces 44 310-5.6.7 Layout, Alignment, and Spotting 44 310-5.6.8 Application of Paint 44 310-5.6.11 Pavement Markers 45 SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 45 312-1 PLACEMENT 45 PART 4 45 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 45 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 45 400-2 UNTREATED BASE MATERIALS 45 400-2.1 General 45 400-2.1.1 Requirements 45 PARTS 46 SECTION 500 ---PIPELINE SYSTEM REHABILITATION 46 501-1 PIPE BURSTING 46 501-1.1 Requirements 46 501-1.1.1 General. 46 501-1.1.2 Submittals. 46 501-1.1.3 Delivery and Storage. 47 501-1.1.4 Materials. 47 501-1.1.5 Equipment 48 501-2 EXECUTION 49 501-2.1 Requirements 49 501-2.1.1 General. 49 501-2.2 Insertion of the HDPE Pipe 49 501-2.2.1 Service Reconnections 50 501-2.2.2 Testing And Acceptance 50 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ST. JAMES SEWER RELOCATION CONTRACT NO. 4910 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No, 5-5251-5); (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 for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 -GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK Add to this section, "In order to construct the sewer improvements as shown on the plans, it is understood that the Contractor will need to remove and dispose of and/or replace existing public and private improvements within the vicinity of the work area. The removal and/or replacement will include, but not be limited to, portions of rear property line walls/fencing, chain link fencing, wood fencing, portions of the side yard walls/fencing, trees, landscaping, irrigation, debris, weeds, trash and selective removal/ replacement of private yard's landscaping, hardscaping and irrigation improvements. The City has coordinated with the owners of the private properties in advance of this work. However, the Contractor will need to coordinate with the residents before any work with in the properties including demolition. The Contractor shall keep the work area to a minimum and keep the area clear and minimized disruptions to that which is absolutely required to perform the work. The work necessary for the completion of this contract consists of (1) distributing construction notices to affected residents; (2) construction surveying; (3) removing existing P.G.C. pavement, sidewalk, curb and hardscaping, landscaping and irrigation as needed for new work; (4) constructing sewer improvements including manholes, laterals and cleanouts; (5) constructing sidewalks, P.C.C. pavement, curb, etc.; (6) replacing private yard's landscaping, hardscaping and irrigation improvements; (7) removing existing storm drain pipe; (8) installing hydrodynamic separation unit including manholes; (9) constructing diversion weir box including weir, blockouts and manholes; (10) construct entry and exit pits for pipe bursting; (11) install sewer main using pipe bursting methods; (12) remove existing brick drop manhole; (13) all other incidental items to be completed in place required by the Plans and Specifications." In addition the Contractor shall observe the following: 1. All contacts with the individual residents shall include a City representative. 2. The Contractor will not request the use of the individual properties water or power during the course of its work. 3. The Contractor will not access the work area through the front of the residences, unless otherwise directed by the Engineer. 4. The yards shall be secured from both visual and physical intrusion by means of screened fencing in conjunction with the work. 5. All individual yard fencing, walls and/or gates, shall be restored to a condition equal to or better than that which existed prior to the start of work. 6. The Contractor will restore/ replace all hardscaping, landscaping and irrigation improvements to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor is required to restore and/or replace all yard improvements damaged or removed by the Contractor during the course of its work, unless otherwise provided for on the plans in these specifications or as directed by the Engineer. Therefore, the Contractor shall include in its Lump Sum bid for each individual lot's Removal & Reestablishment all work that does not have its own bid item that it deems necessary to be removed and replace or protected in place and to restore that individual lot to as close to original as possible. In addition the Contractor shall include protective measures required for each lot within its Lump Sum bid. The Contractor shall not include work that is provided with its own bid item. The successful Contractor will be required to provide a complete breakdown of the Lump Sum bid for each lot for payment purposes. The breakdown shall be provided before the first payment request is submitted. NO payment will be made until this requirement is met and approved by the City." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during Page 2 of 50 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." 2-9.2 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 (2) 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 (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK PRYTTEXT•. 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. Page 3 of 50 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special 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 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade all private and City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Page 4 of 50 The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind 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 90 consecutive working days including product delivery after the date on the Notice to Proceed, exclusive of 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." Page 5 of 50 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1 st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If 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." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 7:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. G e11117r114927_1iv, ei Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that 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." Page 6 of 50 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7-1.2 Temporary Utility Services Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any 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 provide the City advanced notice a minimum of seven calendar days prior to the time he desires 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 affected business and 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 7-8.1 General Add to this section: "The Contractor shall be required to protect adjacent properties from nuisance of dust at all times during working and non -working hours. Dust shall be controlled by applying water when necessary and when directed by the Engineer. During the course of construction any pool and/or spa adversely affected by the Contractor's work; as determined by the City, the pool and/or spa shall be cleaned by a Page 7 of 50 professional pool cleaning service subject to the approval of the home owner and City. In addition at the end of work, the Contractor shall clean all swimming pools and spas within the limits of this project. The pools and spas shall be cleaned by a professional pool cleaning service subject to the approval of the home owner and City. The cost to furnish and place water for dust control and the cost for cleaning all swimming pools and spas shall be included in the price bid for related items of work, and no additional compensation will be allowed. 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: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. Page 8 of 50 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.6.4 Dewatering Delete subsection in total and substitute with the following "Dewatering shall be performed by the Contractor as necessary for construction of the Work and shall include storm drain, subsurface and surface water. Dewatering shall be performed in conformance with NPDES Permit No. CAG918002 and/ or NPDES Permit CAG998001 as defined by the location of the Construction site and all other applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor. Accumulated water shall be treated prior to disposal as required by a permit. The Contractor shall submit a working drawing and related supporting information per 2-5.3 detailing its proposed plan and methodology of dewatering and treatment and disposal of accumulated water. The plan shall identify the location, type and size of dewatering devices, pits and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and treat accumulated water, and the proposed disposal locations. The proposed disposal location will be either a storm drain system or receiving body of water as determine by the location of the Construction site. The Contractor shall provide the minimum number of pits necessary to allow for the construction and not affect areas outside the work zone." 7-8.6.5 Payment. Delete Subsection in total and substitute with the following: "Unless otherwise provided in the specifications, no payment for implementation and maintenance of BMPs shall be considered. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which implementation and maintenance of BMPs is required, incidental or appurtenant. Said cost shall also include full compensation for all labor and materials including required disposal of materials. Payment for dewatering and storm drain flow bypass system shall be included with the Hydrodynamic Separation Unit as specified in the Special Provisions. Said cost shall also include full compensation for all labor and materials including implementation and maintenance." Page 9 of 50 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-9 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 reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. Delete the fourth paragraph and substitute with the following: "Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If 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. Lawns shall be replaced/ restored by grass sod, equal to the existing turf (grass)." Delete the fifth paragraph and substitute with the following: "The Contractor shall give reasonable notice to occupants or owners within the project limits to permit them 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." Add the following to the end of the section: "The Contractor shall be responsible to protect in place at all times existing curb and gutter, driveways, street improvements, landscaping, and the adjacent private property improvements outside of the described limits of the work area from damage during the course of its work. Any damage to the above improvements shall be replaced at the Contractor's expense and no additional compensation shall be allowed therefore. If an existing tree has been identified as to be protected in place and requires the Contractor to provide root pruning refer to 308-1. The Contractor shall remove only the amount of yard facilities, features, or improvements that are needed to allow sufficient room to construct the new Page 10 of 50 improvements. All other facilities, features or improvements not requiring removal whether inside or outside of the designated construction zone shall be protect in place. The Contractor shall make temporary irrigation connection to any yard sprinkler system that is disconnected during the course of its work. The Contractor shall be responsible for maintaining existing irrigation to yards during its work. Removal and replacement of existing yard improvements shall include, but not be limited to the removal of miscellaneous concrete improvements, hardscaping, irrigation, debris and other objectionable material that may be uncovered during the course of construction not paid for as a separate item of work and landscaping including but not be limited to trees, shrubs and lawns. Restoration/ replacement of yard improvements shall be equal to or better than that which existed prior to the start of work. The Contractor shall be responsible for the protection of the swimming pools, spas and associated equipment during the course of its work. The cost for this work shall be considered to be included in the price bid for related items of work and no other compensation will be allowed therefore. The Contractor shall be responsible for all specialty work need to reconstruct or replace existing yard features, facilities and improvements. The following individual residences have specialty work required: 721 St James Road, the Contractor shall protect the swimming pool, spa, equipment and deck; protect all stucco retaining walls; coordinate with the homeowner to remove and replace swing set within the work area; sawcut, remove and replace the P.C.C. walk (T=unknown) with tile boarder (match existing); protect the basketball court and associated appurtenances; protect all stone walls, steps and walks and protect the outdoor speaker system. 729 St James Road, the Contractor shall remove and replace the wood pole retaining wall (use existing); protect all rock retaining walls; remove and replace the individual wood vegetable gardens including any irrigation; sawcut, remove and replace P.C.C. slab (T=unknown) (match existing); coordinate with the homeowner to remove and replace personal possessions under deck; coordinate with the homeowner to remove and replace cut wood pile out of work area; sawcut, remove and replace the P.C.C. walk (T=unknown) (match existing) and coordinate with the homeowner to remove and replace the trampoline out of work area 731 St James Road, the Contractor shall coordinate with the homeowner to remove and replace play house out of work area; remove and replace the broken P.C.C. slab/ path (walk way); remove and replace the wood fence (match existing); remove and replace the brick wall (use existing) and coordinate with the homeowner to remove and replace personal possessions within work area. 735 St James Road, the Contractor shall remove and replace the rock retaining wall (use existing); remove and replace the 3" tree (use existing), remove and replace the wood deck (match existing) and remove and replace the wood fence (match existing). Page 11 of 50 734 St James Place, the Contractor shall sawcut, remove and replace the P.C.C. slab (T= unknown); remove and replace the wood fence (match existing) and remove and replace the wood gate (match existing). 730 St James Place, the Contractor shall remove and replace the rock retaining wall (use existing); protect wood fence; protect cmu wall and coordinate with the homeowner to remove and replace personal possessions within work area 724 St James Place, the Contractor shall remove and replace the concrete retaining wall; remove and replace the concrete v -gutter (swale), remove and replace the grated catch basin and pipe; protect the wood fence and coordinate with the homeowner to remove replace personal possessions within work area." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), also published by Building News, Inc. 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. 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. Page 12 of 50 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. 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. 8. 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 9. 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." The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer or their consultants; nor will the plan be accepted if it is based on soils -related design criteria which is less restrictive than aforesaid investigations of subsurface conditions. The detailed plan showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment Page 13 of 50 and other construction loading. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads. Nothing contained in this section shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection." Replace Sentence two, Paragraph two of this section with "The detailed plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL -OSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders." Add the following Section 7-10.5 "No Parking" Signs 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" high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall Page 14 of 50 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 Section 7-10.7 Street Sweeping Signs and Parking Meters 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an A License. At the start of work and until completion of work, the Contractor and all Sub- contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings: 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. Page 15 of 50 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 BYPASS 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% of the peace flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming sewer pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, 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." Add the following Section: 7-20 STORM DRAIN FLOW BYPASS SYSTEM "As a part of this project, the Contractor will be responsible for the temporary by-pass of the storm drain system. The Contractor shall bypass all storm drain flows during storm drain 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 system shall be designed to handle 120% of the peace flow as specified by the City. The effluent level in the bypass pumping manhole shall not be allowed to rise more than 1 foot above the crown of the incoming storm drain pipe. Plans for bypassing shall be submitted by the Contractor to the City for approval prior to related construction activity, 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 storm drain spills under this Contract. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which providing storm drain flow by- pass is incidental or appurtenant Payment for storm drain flow bypass shall be included with the installation of the storm drain treatment unit" Page 16 of 50 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 submittals, bonds, insurance and financing, attending all meetings, establishing a field office (if necessary), providing and maintaining 6' high construction chain link fence with screen around work areas, preparing the 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, removing construction chain link fence, removing all USA Markings and Restore Pavement Surfaces to pre -construction conditions (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, posting signs and all costs incurred notifying residents. In addition, this item includes, providing the traffic control required for the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons, etc. 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 Abandon Existing Residential Sewer Pump Station: Work under this item shall include but not be limited to coordinating with the property owner, coordinating power shut down, removing and disposing or providing to property owner existing improvements within the manhole and removing and disposing of existing manhole rings, shaft, frame, and cover to a depth of three feet below grade and backfill the vacated area with sand, restore the work area to its original condition and state of usefulness as soon as practicable and disposing of excess excavation materials and all other work items as required to complete the work in place. Page 17 of 50 Item No. 5 Furnish and Install 48" DIA Manhole: Work under this item shall include constructing P.C.C. Manhole per CNB Std -401-1- 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, installation of 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, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 6 Furnish and Install 48" DIA Drop Manhole: Work under this item shall include constructing P.C.C. Manhole per CNB Std -403-1- 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, installation of 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, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 7 Furnish and Install 6" Sewer Lateral Cleanout Including Fittings: Work under this item shall include constructing sewer lateral cleanout per CNB Std - 406 -L 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 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, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 8 Furnish and Install 8" VCP Sewer Including Fittings: 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 sewer flow 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, restore the work area to its original condition and state of usefulness as soon as practicable disposal of excess excavation materials and all other work items as required to complete the work in place. Page 18 of 50 Item No. 9 Furnish and Install 6" VCP Sewer Lateral Including Fittings: 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 sewer flow 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, restore the work area to its original condition and state of usefulness as soon as practicable disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 10 Remove Existing Sewer and Plug: Work under this item shall include but not be limited to removing and disposing of existing pipe (2' minimum in length), sealing with 6 inches of P.C.C., backfill the vacated area with clean native material, restore the work area to its original condition and state of usefulness as soon as practicable and all other items as required to complete the work in place. Item No. 11 Remove and Construct Sidewalk (Private): Work under this item shall include removing and disposing of the existing sidewalk, tile border, subgrade compaction, constructing a minimum 4" thick P.C.C. sidewalk with tile border (match existing), and all other work items as required to complete the work in place. Item No. 12 Remove Existing Tree Including Root Ball (<20" DIA): Work under this item shall include removing and disposing of existing improvements include but not limited to cutting, removing, and disposing of the existing tree including the root ball to allow for new work, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 13 Remove Existing Tree Including Root Ball (>20" DIA): Work under this item shall include removing and disposing of existing improvements include but not limited to cutting, removing, and disposing of the existing tree including the root ball to allow for new work, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 14 Abandon Existing Manhole: Work under this item shall include but not be limited to removing and disposing of existing manhole rings, shaft, frame, and cover to a depth of three feet below grade and backfill the vacated area with clean native material, restore the work area to its original condition and state of usefulness as soon as practicable and all other items as required to complete the work in place. Item No. 15 Abandon Existing Cleanout: Work under this item shall include but not be limited to removing and disposing of existing pipe, frame, and cover to a depth of two feet below grade and sealing with 6 inches of P.C.C., backfill the vacated area with clean native material, restore the work area to its original condition and state of Page 19 of 50 usefulness as soon as practicable and all other items as required to complete the work in place. Item No. 16 Landscaping, Hardscaping and Irrigation for 721 St James Road: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected. Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 17 Protect or Remove and Construct Wall/ Fence for 721 St James Road: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 18 Landscaping, Hardscaping and Irrigation for 729 St James Road: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, Page 20 of 50 hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 19 Protect or Remove and Construct Wall/ Fence for 729 St James Road: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 20 Landscaping, Hardscaping and Irrigation for 731 St James Road: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. it is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Page 21 of 50 Item No. 21 Protect or Remove and Construct Wall/ Fence for 731 St James Road: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 22 Landscaping, Hardscaping and Irrigation for 735 St James Road: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 23 Protect or Remove and Construct Wall/ Fence for 735 St James Road: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and Page 22 of 50 state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 24 Landscaping, Hardscaping and Irrigation for 734 St James Place: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 25 Protect or Remove and Construct Wall/ Fence for 734 St James Place: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 26 Landscaping and Irrigation for 730 St James Place: There is existing landscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping and irrigation or replacing the landscaping and irrigation to a condition equal to or better than that Page 23 of 50 which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 27 Landscaping, Hardscaping and Irrigation for 724 St James Place: There is existing landscaping, hardscaping and irrigation within the project limits that will need to be removed, relocated, modified, replaced, installed and/ or protected Landscaping shall include, but not be limited to ground cover, bushes, plants, yard drains (including pipe), rail road ties, decorative rocks, ornamental features, steeping stones, lighting, etc. Hardscaping shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, etc. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing, relocating and/ or protecting landscaping, hardscaping and irrigation or replacing the landscaping, hardscaping and irrigation to a condition equal to or better than that which existed prior to the start of work, unless otherwise provided for on the plans or in these specifications. The Contractor shall re-route interfering portions of the existing irrigation system including relocating or adding new heads, connecting the new service to the existing service and shall make temporary connection(s) to any irrigation system that is disconnected during the course of its work. It is the Contractor's responsibility to examine the site and determine what damage will be incurred by the new construction and coordinate with the homeowner/ resident. The Contractor shall restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 28 Protect or Remove and Construct Wall/ Fence for 734 St James Place: There are existing wall/ fences within the project limits that will need to be removed, relocated, modified and/ or replaced. Wall/ Fence shall include, but not be limited to brick, concrete (P.C.C.), stone, rock, wood (timber), etc. It is the Contractor's responsibility to examine the site and determine what damage will be incurred to the existing wall/ fence and coordinate with the homeowner/ resident. This work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing interfering portions of an existing wall/ fence (including footing and appurtenances), including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a wall/ fence (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 29 Furnish and Install Hydrodynamic Separation Unit by CDS: (Model CDS4045), per Manufacturer's Specifications and Requirements (Screen Aperture = Page 24 of 50 4700 Microns (0.185")). Work under this item shall include providing all labor, equipment, materials and incidentals required to offload and install the unit and appurtenances per Manufacturer's specifications and requirements and as shown on the plans including but not limited to, pavement removal, exposing utilities in advance of work, excavation, shoring, false work, temporary patching or plating, control of storm drain, subsurface and surface water, backfill, compaction, disposing of excess excavated materials, installing base, shaft, grade rings, manhole frames and covers, connections to facilities, removal, abandonment, protection and/or adjusting existing utilities or improvements unless otherwise noted on the plans, temporary and permanent support of utilities, and all other work items as required to complete the work in place. The Contractor shall also provide a cleaning and debris removal demonstration once construction is substantially completed and ready to be accepted by the City with Manufacturer personnel in attendance. Refer to boring log prepared for Newport Heights storm drain (May 1972) on sheet 7 of the project plans. Item No. 30 Construct Flat Invert, Steel Reinforced P.C.C. Diversion Weir Box: Work under this item shall include constructing a P.C.C. weir box (L=14', H=5', S=6') per CALTRANS Stds. D80 and D82 and SSPWC Standard Plan 323-2, but not limited to, pavement removal, exposing utilities in advance of work, excavation, shoring, temporary patching or plating, control of ground, storm drain and surface water, backfill, compaction, disposing of excess excavated materials, installing base, shaft, grade rings, manhole frame and cover, connections to existing facilities, 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. 31 Construct P.C.C. Weir: Work under this item shall include constructing a P.C.C. weir (Hw=2', A=560) per details on the plans and all other work items as required to complete the work in place. Item No. 32 Furnish and Install 24" Bolt Down Type Manhole Frame and Cover: Work under this item shall include installing manhole, cover and grade rings per CNB- 114-L and applicable sections of CNB Std-309-L and all other work items as required to complete the work in place Item No. 33 Construct Blockouts in P.C.C. Diversion Weir Box: Work under this item shall include coordinating with the Manufacturer's Specifications and Requirements in constructing one inlet and one outlet blockout as required to match CDS unit including additional rebar per details on plan and all other work items as required to complete the work in place. Item No. 34 Remove Interfering Portions of Existing Storm Drain: Work under this item shall include removal of interfering portions of existing storm drain pipe for new P.C.C. Diversion Weir Box and/ or Junction Structure and all other work items as required to complete the work in place. Item No. 35 Furnish and Install Full Depth 1-Sack Slurry Backfill: Work under this item shall include but not limited to, installing a 1-sack slurry a minimum of 12" all around Hydrodynamic Separation Unit and Diversion Weir Box installed under this Page 25 of 50 contract, temporary patching or plating, control of subsurface and surface water, backfill, compaction, 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. 36 Remove Existing P.C.C. Pad and Construct 4" P.C.C. Pad: Work under this item shall include removing and disposing of the existing pad, grading and compacting the subgrade, placing SC 30 sand, constructing P.C.C. pad to match existing, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 37 Construct 6" P.C.C. Pad: Work under this item shall include removing and disposing of the existing material, grading and compacting the subgrade, placing SC 30 sand, constructing P.C.C. pad, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 38 Remove and Construct Gate: It is the Contractor's responsibility to examine the site and coordinate with the homeowner/ resident. The work under this item shall include but not be limited to coordinating with the individual homeowner/ resident, removing and disposing of the existing wood gate including footing and appurtenances, including pavement or natural ground removal, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, temporary fencing, installation and construction of a gate (including footing and appurtenances) to match existing, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. The Contractor shall be responsible for maintaining existing wall/ fences within the work area. Item No. 39 Furnish and Install 8" HPDE Sewer by Pipe Bursting Methods: All pipe and couplings for the pipe shall have an SDR (Strength/Diameter Ratio) of 17 yielding a pressure rating of at least 100 psi. 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, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, butt fusion of joints, HPDE fittings, couplings, thrust blocks, hydrostatic pressure testing to 100 psi, television inspections, connections to existing facilities, removal 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 install the liner complete in place. Item No. 40 Furnish and Install 8" HPDE Sewer by Open Cut Methods: All pipe and couplings for the pipe shall have an SDR (Strength/Diameter Ratio) of 17 yielding a pressure rating of at least 100 psi. Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavation, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, installation of pipe, butt fusion of joints, HPDE fittings, couplings, Page 26 of 50 thrust blocks, hydrostatic pressure testing to 100 psi, television inspections, 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, compaction and replacement of the roadway improvements to match existing improvements and all other work necessary to install the liner complete in place. Item No. 41 Remove P.C.C. Pipe Anchors to Allow for Pipe Bursting: It is the Contractor's responsibility to determine the location of the existing pipe anchors and remove them. Work under this item shall include removing and disposing of the existing pipe anchors, backfill, compaction, disposing of excess excavated materials, restore the work area to its original condition and state of usefulness as soon as practicable and all other work items as required to complete the work in place. Item No. 42 Remove Existing Welded Steel Pipe Drop Inlet and Brick Drop Manhole: Work under this item shall include excavation operations, shoring, bracing, control of ground and surface water, removing and disposing of the existing WSP drop inlet, WSP pipe, manhole frame and cover, brick manhole and P.C.C. base and preparation for construction of new drop manhole per CNB Std -403-1- and all other work items as required to complete the work in place. Item No. 43 Remove and Construct P.C.C. Type A Curb and Gutter per CNB - 182 -L: Work under this item shall include sawcutting, removing and disposing of the existing curb and gutter, including 1' wide minimum AC slot patch for work, compacting subgrade, constructing P.C.C. curb and gutter, installing full depth AC slot patch with Type III -C3 -PG 64-10, 1/2" maximum Asphalt Concrete material, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall match existing and gutter hike shall be adjusted to match existing. Item No. 44 Remove and Construct 4" Thick P.C.C. Sidewalk per CN6-180-L: Work under this item shall include sawcutting, removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4" thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 45 Construct Pavement Restoration per CNB Std -105-L: Work under this item shall include pavement restoration per CNB Std -105-1- A, B, C, E and F including cold milling the existing asphalt roadway to a depth below existing finished grade as shown on the standards, a 2" minimum AC Finish Course, tack coating, restripe traffic lanes/markings within removal area and all other traffic striping damaged during construction and all other work items as required to complete the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the Contractor Item No. 46 Remove Existing Welded Steel Pipe (WSP): Work under this item shall include excavation operations, trench excavation, shoring, bracing, removing and disposing of the existing WSP sewer pipe and appurtenances and preparation for Page 27 of 50 construction of new 8" HPDE, SDR 17 sewer pipe and all other work items as required to complete the work in place. Item No. 47 Join Existing Sewer Lateral to HDPE Pipe: Work under this item shall include installing all pipe material including, but not limited to, 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 sewer flow as required, bedding, backfill, compaction, installation of pipe, fittings, couplings, connections to existing facilities, removal, of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, restore the work area to its original condition and state of usefulness as soon as practicable disposal of excess excavation materials and all other work items as required to complete the work in place. Item No. 48 Provide Bypassing of Existing Sewer Flows: Work under this item shall include providing, installing, protecting and removing any temporary sewer force main used during construction and all other work necessary to provide temporary sewer main bypassing or any other means of sewer main bypassing. Contractor shall submit a plan for bypassing sewer main during construction. Any effort relating to the sewer main bypassing will be paid as a part of this bid item. Item No. 49 Provide As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,695.00 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, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements Page 28 of 50 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement Concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be epoxy coated Grade 60 steel conforming to ASTM A 615 with 2" minimum cover unless shown otherwise on the plans." 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between a reinforced concrete structure and pipe with a quick setting grout. The Contractor shall use Sika Grout 212 a non -shrink, non-metallic grout by Sika Chemical Company or approved equal or as directed by the manufacturer." SECTION 203 — BITUMINOUS MATERIALS 203-5.3 Composition and Grading Add this Section: "Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. 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 Page 29 of 50 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." 207-19 POLYETHYLENE (PE) SOLID WALL PIPE AND LINER 207-19.1 General. Add to this Section "All pipe and couplings shall have an SDR (Strength/Diameter Ratio) of 17 yielding a pressure rating of at least 100 psi. The pipe shall be Plexco type pipe as manufactured by Chevron Chemical Company. All piping shall be clearly marked with the name of the manufacture, size and type. Pipe shall be continuous lengths by the butt fusion method." SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.1 Topsoil. 212-1.1.1 General. Delete subsection in total and substitute with the following: 'Topsoil shall be designated as Class A (imported). Topsoil shall be transported from the source to its final position unless otherwise directed by the Engineer. 212-2 IRRIGATION SYSTEM MATERIALS 212-2.1 Pipe and Fittings. Page 30 of 50 212-2.1.1 General. Delete subsection in total and substitute with the following: "All new pipe materials and fittings shall be PVC SCH 40 or as determined in the field by the Engineer and shall comply with the applicable specifications" 212-2.2 Valves and Valve Boxes 212-2.2.1 General. Delete subsection in total and substitute with the following "All new valves shall be of the same size, type, and capacity as the existing or as determined in the field by the Engineer and shall comply with the applicable specifications." 212-2.2.7 Valve Boxes. Delete subsection in total and substitute with the following "All new Valve boxes and covers shall be of the same size and type as the existing or as determined in the field by the Engineer and shall comply with the applicable specifications." 212-3 ELECTRICAL MATERIALS. 212-3.1 General. Delete subsection in total and substitute with the following "The contractor shall furnish and install all new electrical equipment and materials required for a complete electrical system while maintaining continuity with the existing system. All new equipment and materials shall comply with the requirements of the governing code and the City and shall be approved and identified by Underwriters Laboratories, Inc. (UL). SECTION 214 - PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." Add Section 215 Storm Water Treatment Device SECTION 215 - STORM WATER TREATMENT DEVICE Page 31 of 50 Contech Storm Water Solutions (CDS) 215-1 DESCRIPTION A. Scope The Contractor shall furnish all labor, equipment and materials necessary to install the Hydrodynamic Separation Unit (unit) by CDS and appurtenances specified in the Drawings and these specifications. 215-2 QUALITY ASSURANCES A. Inspection All components shall be subject to inspection by the Engineer at the place of manufacture and/or installation. All components are subject to be rejected or identified for repair if the quality of materials and manufacturing do not comply with the requirements of this specification. Components which have been identified as defective may be subject for repair. Final acceptance of the component is contingent upon the discretion of the Engineer. B. Warranty The unit's components shall be guarantee against all manufacturer originated defects in materials or workmanship for a period of twelve (12) months from the date of substantial completion for installation. The work performed by the Contractor shall in no way void the manufacturer's warranty. The Warranty shall be in the Name of the City of Newport Beach. The manufacturer shall be notified of repair/replacement issues in writing within the referenced warranty period. The manufacturer shall, upon its determination of repair, correct or replace any manufacturer originated defects identified by written notice within the referenced warranty period. The manufacture and/or Contractor shall provide all labor and materials necessary to repair, correct or replace the defects within the 12 month period. The use of CDS components shall be limited to the application for which it was specifically designed. C. Manufacturer's Performance Certificate The manufacturer shall submit to the Engineer a "Manufacturer's Performance Certification" certifying that each unit is capable of achieving the specified removal efficiencies as listed in these specifications. The certification shall be supported by independent third -party research. 215-3 SUBMITTALS A. Shop Drawings Page 32 of 50 The contractor shall prepare and submit shop drawings in accordance with 2-5.3. The shop drawings shall detail horizontal and vertical dimensioning, reinforcement and joint type and locations. 215-4 MATERIALS AND DESIGN A. Precast Concrete Components Precast concrete components shall conform to applicable sections of ASTM C 478, ASTM C 857 and ASTM C 858 and the following: 1. Concrete shall achieve a minimum 28 -day compressive strength of 4,000 pounds per square" (psi); 2. Unless otherwise noted, the precast concrete sections shall be designed to withstand lateral earth and AASHTO H-20 traffic loads; 3. Cement shall be Type III Portland Cement conforming to ASTM C 150; 4. Aggregates shall conform to ASTM C 33; 5. Reinforcing steel shall be deformed billet -steel bars or welded steel wire conforming to ASTM A 615 or A 185, respectively; 6. Joints shall be sealed with preformed joint sealing compound conforming to ASTM C 990 and 7. Shipping of components shall not be initiated until a minimum compressive strength of 4,000 psi is attained or five (5) calendar days after fabrication has expired, whichever occurs first. B. Internal Components and Appurtenances Internal Components and appurtenances shall conform to the following 1. Screen and support structure shall be manufactured of Type 316 and 316L stainless steel conforming to ASTM F 1267-01; 2. Hardware shall be manufactured of Type 316 stainless steel conforming to ASTM A 320; 3. Fiberglass components shall conform to the National Bureau of Standards PS -15 and coated with an isophalic polyester gelcoat 4. Access system(s) conform to the following: Manhole castings shall be pressure type manhole frame and cover. 215-5 PERFORMANCE A. Removal Efficiencies 1. The unit shall be capable of achieving an 80 percent average annual reduction in the total suspended solid load. 2. The unit shall be capable of capturing and retaining 100 percent of pollutants greater than or equal to 2.4 millimeters (mm) regardless of the pollutant's specific gravity (i.e.: floatable and neutrally buoyant materials) for flows up to the device's rated -treatment Page 33 of 50 capacity. The unit shall be designed to retain all previously captured pollutants addressed by this subsection under all flow conditions. 3. The unit shall be capable of capturing and retaining total petroleum hydrocarbons. The unit shall be capable of achieving a removal efficiency of 92 and 78 percent when the device is operating at 25 and 50 percent of its rated -treatment capacity. These removal efficiencies shall be based on independent third -party research for influent oil concentrations representative of storm water runoff (20 ± 5 mg/L). The unit shall be greater than 99 percent effective in controlling dry -weather accidental oil spills. The unit shall be capable of utilizing sorbent media to enhance removal and retention of petroleum based pollutants. B. Hydraulic Capacity 1. The unit shall provide a rated -treatment capacity, which is consistent with governing water treatment regulations. At its rated -treatment capacity, the device shall be capable of achieving greater than 65 percent removal of particles typically found in roadside sediments. This removal efficiency shall be supported by independent third -party research utilizing samples consistent with the NURP gradation or finer. 2. The unit shall maintain the peak conveyance capacity of the drainage network as defined by the Engineer. C. Storage Capacit 1. The unit shall be designed with a sump chamber for the storage of captured sediments and other negatively buoyant pollutants in between maintenance cycles. The minimum storage capacity provided by the sump chamber shall be in accordance with the volume listed in Table 1. The boundaries of the sump chamber shall be limited to that which do not degrade the unit's treatment efficiency as captured pollutants accumulate. The sump chamber shall be separate from the treatment processing portion(s) of the unit to minimize the probability of fine particle re -suspension. In order to not restrict the Owner's ability to maintain the unit, the minimum dimension providing access from the ground surface to the sump chamber shall be 20 inches in diameter. 2. The unit shall be designed to capture and retain Total Petroleum Hydrocarbons generated by wet -weather flow and dry -weather gross spills. The minimum storage capacity provided by the unit shall be in accordance with the volume listed in Table 1 below. Page 34 of 50 TABLE 1 Storm Water Treatment Device Hydraulic and Storage Capacities CDS Model* Treatment Capacity (cfs)/(Us) Minimum Sump Storage Capacity (yd3)/ (m3) Minimum Oil Storage Capacity (gal)/(L) CDS2015-4-C 0.7 19.8 0.9(0.7) 61 232 CDS2015-5-C 0.7 19.8 1.5 1.1 83 313 CDS2020-C 1.1 31.2 1.5 1.1 99 376 CDS2025-C 1.6 45.3 1.5 1.1 116 439 CDS3020-C 2.0 56.6 2.1(1.6) 184 696 CDS3025-C 2.4 68.0 2.1(1.6) 210 795 CDS3030-C 3.0 85.0 2.1(1.6) 236 895 CDS3035-C 3.8 106.2 2.1 1.6 263 994 CDS4030-C 4.5 127.4 5.6(4.3) 426 1612 CDS4040-C 6.0 169.9 5.6(4.3) 520 1970 CDS4045-C 7.5 212.4 5.6(4.3) 568 2149 CDS5640-C 9.0 254.9 8.7(6.7) 758 2869 CDS5653-C 14.0 396.5 8.7(6.7) 965 3652 CDS5668-C 19.0 538.1 8.7(6.7) 1172 4435 CDS5678-C 25.0 708 8.7(6.7) 1309 4956 CDS2015-5-F 0.7 19.8 1.5 1.1 109 413 CDS2020-5-F 31.2 1.5 1.1 142 538 CDS2025-5-F 45.3 1.5 1.1 153 579 CDS3020-6-F 56.6 2.1 1.6 202 765 CDS3030-6-F H45 85.0 2.1 1.6 288 1089 CDS3035-6-F 106.2 2.1 1.6 327 1236 CDS4030-7-F 127.4 4.3 3.3 402 1522CDS4040-7-F 169.9 4.3(3.3) 500 1892 CDS4045-7-F 7.5 212.4 4.3(3.3) 543 2056 CDS5640-8-F 9.0 254.9 5.6(4.3) 554 2098 CDS5653-8-F 14.0 396.5 5.6(4.3) 720 2727 CDS5668-8-F 19.0 538.1 5.6(4.3) 859 3252 CDS5678-8-F 25.0 708 5.6(4.3) 1081 4091 CDS3030-V 3.0 85.0 1.5 1.1 N/A CDS5042-V 9.0 254.9 1.6 1.2 N/A CDS5050-V 11.0 311.5 1.6(1.2) N/A CDS7070-V 26.0 736.3 3.3(2.5) N/A CDS10060-V 30.0 849.6 7.1 5.4 N/A CDS10080-V 50.0 1416.0 7.1 5.4 N/A CDS100100-V 64.0 1812.5 7.1 5.4 N/A *Note that system internals for the "-C" and "-F" models can be put in larger manholes to accommodate site demands which may change standard capacities listed above Page 35 of 50 215-6 MANUFACTURER The manufacturer of the unit shall be one that is regularly engaged in the engineering design and production of systems deployed for the treatment of storm water runoff for at least five (5) years and which have a history of successful production, acceptable to the Engineer. In accordance with the Drawings, the unit(s) shall be a CDS® device manufactured by: CONTECH Stormwater Solutions 9025 Centre Pointe Dr., Suite 400 West Chester, OH 45069 (866) 551-8325 (toll free) 215-7 HANDLING AND STORAGE 1. The contractor shall exercise care in the storage and handling of the CDS components prior to and during installation. Any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced shall be born by the contractor. 215-8 INSTALLATION 1. The unit shall be installed in accordance with the manufacturer's recommendations and related sections of the contract documents. The manufacturer shall provide the contractor installation instructions and offer on- site guidance during the important stages of the installation as identified by the manufacturer at no additional expense. A minimum of 72 hours notice shall be provided to the manufacturer prior to their performance of the services included under this subsection. 2. The contractor shall fill all voids associated with lifting provisions provided by the manufacturer. These voids shall be filled with non -shrinking grout providing a finished surface consistent with adjacent surfaces. The contractor shall trim all protruding lifting provisions flush with the adjacent concrete surface in a manner which leaves no sharp points or edges. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." Page 36 of 50 300-1.3.1 General. Add to this section: "The work shall be done in accordance with 300-1.3.2 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 (2) inches." Replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches'. 300-1.4 Payment. Delete Subsection in total and substitute with the following: "Unless otherwise provided in the specifications, no payment will be made for clearing and grubbing including but not limited to removal of existing street section, concrete curb, walk, gutters, etc. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such is required, incidental or appurtenant. Said cost shall also include full compensation for all labor and materials including required saw cutting, removal and disposal of materials." 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 Page 37 of 50 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General. Add the following: "Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete, concrete base and aggregate base to the subgrade as required to construct the new improvements. Removal of asphalt concrete, concrete base, aggregate base and native soil shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Asphalt pavement shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. Unless directed otherwise by the Engineer stockpiling of removal material will not be allowed in or around the project site." 300-2.9 Payment. Add the following: "Unless otherwise provided for in the specifications, no payment will be made for unclassified excavation. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such excavation is required, incidental or appurtenant. Said cost shall also include full compensation for all required saw cutting of removal areas." 300-4 UNCLASSIFIED FILL 300-4.3 Other Fill Material Delete subsection in total and substitute with the following: "Brick rubble, broken asphalt pavement, and broken concrete originating from the project will be disposed of at the Contractor's expense at an approved landfill or recycling site." 300-4.9 Measurement and Payment Delete subsection in total and substitute with the following: "Unless otherwise provided for in the specifications, no payment will be made for unclassified backfill. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such backfill is required, incidental or appurtenant." Page 38 of 50 SECTION 301 TREATED SOIL SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1.7 Payment Delete the last paragraph and add the following: "Payment for adjusting manhole frames and covers to grade will be made at the Contract Unit Price for adjusting each manhole frame." 301-2 UNTREATED BASE 301-2.4 Measurement and Payment Delete subsection in total and substitute with the following: "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 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks '/4" or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1" in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." Page 39 of 50 302-6 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 plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." Page 40 of 50 303-5.5.4 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." SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.1 Trench Excavation. 306-1.1.1 General. Replace the last sentence in the third paragraph and add the following: "If tidal, storm drain, surface and/or groundwater is encountered, the Contractor shall dispose of it per 7-8.6.4. The trench shall be dewatered to a minimum depth of 12 inches below the outside diameter of pipe or structure. Payment for dewatering shall be considered as included in the price bid for the construction or installation of the items to which dewatering is required, incidental or appurtenant. 306-1.1.6 Bracing Excavations. Add the following: "Unless otherwise provided in the specifications, no payment will be made for trench shoring. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials; and performing all work as specified to brace excavations or provide an equivalent method for protection of workers per Section 6707 of the California Labor Code. No other measurement or additional compensation will be allowed therefor. The Contractor shall use shoring complying with the CAL/OSHA construction safety orders for constructing the work shown on the plans" 306-1.2 Installation of Pipe 306-1.2.1 Bedding. Replace the second sentence of the second paragraph with the following: "Bedding for pipe shall conform to City Standard Plans and as modified per these specifications. Additional bedding ordered by the Engineer, over the amount indicated on the plans due to unsuitable material, shall be paid for per 3-3." 306-1.3 Backfill and Densificaiton Page 41 of 50 306-1.3.3 Water Densified Backfill Delete Subsection in total and substitute with the following: "Water densified backfill will not be permitted." 306-1.3.4 Compaction Requirements Delete Subsection in total and substitute with the following: "Trench backfill shall be compacted to a relative compaction of 90% from the top of the bedding section to 12 inches below pavement subgrade, or finished grade where there is no pavement, and 95% from 12 inches below pavement subgrade to pavement subgrade." 306-1.5 Trench Resurfacing 306-1.5.1 Temporary Resurfacing Modify as follows: "Temporary pavement resurfacing shall be required for all backfilled trenches at the end of each work day, unless otherwise directed by the Engineer. As used in 306-1.5.1, the word "maintained" shall mean that the Contractor shall provide a relatively smooth surface over the trench free of deformations greater that '/ inch in both transverse and longitudinal directions. Where the trench sags because of inadequate trench compaction, the Contractor shall remove the existing temporary resurfacing, recompact the backfill, and restore the temporary resurfacing. Temporary pavement resurfacing shall in no case remain for more than five working days after final construction of appurtenances on a street. Payment for Temporary asphalt concrete pavement shall be considered to be included in the contract price bid for the construction or installation of the items to which temporary resurfacing is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials, and performing all work as specified. No other measurement or additional compensation will be allowed therefor." 306-1.6 Bases of Payment for Open Trench Installations Delete the second paragraph and substitute with the following: "Unless otherwise provided in the specifications, no payment will be made for open trench installations. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which open trench installation is required, incidental or appurtenant. Said cost shall include full compensation for all required labor and materials, and performing all work as specified. No other measurement or additional compensation will be allowed therefor." Page 42 of 50 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 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 City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 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 (i.e., 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. Page 43 of 50 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read: `The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable refiectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY' signs and Page 44 of 50 re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: 310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312 - PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." SECTION 400 - ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." Page 45 of 50 PART 5 SECTION 500 ---PIPELINE SYSTEM REHABILITATION Add to this section: 501-1 PIPE BURSTING 501-1.1 Requirements 501-1.1.1 General. This section is to address the installation of high-density polyethylene pipe for sewer main using pipe bursting methods and technology for sanitary sewer lines. The Contractor will furnish all labor, equipment, materials, tools and appurtenances necessary or proper for the performance and completion of the contract. The Contractor shall have the following qualifications: The Pipe Bursting Contractor will have actively engaged in the installation of pipe using pipe bursting for a minimum of three (3) years and have installed, as a company, a minimum of 50,000 feet in similar conditions. Field Supervisory Personnel employed by the Pipe Bursting Contractor will have at least (3) three years of documented experience in the performance of the work and tasks as stated in the contract documents. 501-1.1.2 Submittals. The Contractor shall submit the following per2-5.3: Documentation showing that personnel has three (3) years of pipe bursting experience with a list of a minimum 50,000 LF installed by the company including 3 sewer main projects similar in scope to the project specified in the contract documents. Information for each supervisor and the company must include, but not be limited to, date of work, location, pipe information (i.e., length, diameter, depth of installation, pipe material, etc.), project owner information, (i.e., name, address, and telephone number, contact person). 2. Drawings and documents: a. Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer's recommendations for handling, storage, and repair of pipe and fittings damaged. b. Certifications of personnel involved in Butt Fusion Welding Page 46 of 50 3. A plan for the location, size and depth of proposed entry and exit pits and proposed pipe bursting method. 501-1.1.3 Delivery and Storage. 1. Transport, handle, and store pipes and fittings as recommended by manufacturer. 2. Replace pipe or fittings damaged before or during installation at no additional cost to the City. 501-1.1.4 Materials. a. High -Density Polyethylene pipe (HDPE) Pipe 1. Polyethylene Plastic Pipe shall be High Density Polyethylene Pipe (HDPE) and meet applicable requirements of ASTM F14. 2. HDPE pipe and fittings will be used in accordance with these specifications. All additional appurtenances (manholes, tees, gaskets, etc.) will meet applicable material specifications. All pipe installed by pipe bursting will be joined by butt fusion, electro fusion, or full circle repair clamp as detailed in paragraph B of this section. 3. HDPE pipe will be produced from resins meeting the requirements of ASTM D1248, designation PE3408, ASTM D3350 cell classification PE345444C, and will meet the requirements of AWWA C901 and C906. HDPE pipe will meet the minimum stability requirements of ASTM D3350. Pipe will be legibly marked at intervals of no more than five feet with the manufacturer's name, trademark, pipe size, HDPE cell classification, and appropriate legend such as SDR 17, ASTM D3035, AWWA C901 or C906, date of manufacture and point of origin. 4. All pipe shall be made of virgin material. No rework material except that obtained from the manufacturers own production of the same formulation shall be used. 5. The pipe shall be homogeneous throughout and shall be free of visible cracks, holes, foreign material, blisters, or other deleterious faults. 6. Pipe color shall be solid black unless otherwise specified in these contract documents. 7. HDPE Pipe shall be Iron Pipe Size (IPS) unless otherwise specified in these contract documents. Page 47 of 50 8. Dimension Ratios: The minimum wall thickness of the HDPE pipe shall meet DR 17 b. Pipe Joining for Terminal Sections of HDPE Pipe. 1. The polyethylene pipe shall be assembled and joined at the site using the butt - fusion method to provide a leak proof joint. Threaded or solvent cement joints and connections are not permitted. All equipment and procedures used shall be in strict compliance with the manufacturer's recommendations. Fusing shall be accomplished by personnel certified as fusion technicians by a manufacturer of polyethylene pipe and/or fusing equipment. 2. Terminal sections may also be joined by Electrofuse Couplings by Central Plastic Company, Friatec, or approved equal. 1 Terminal sections may also be joined by Full Circle Repair Clamps by Smith Blair, JCM, or approved equal. c. Materials Related to Sewer Service Connections 1. Sewer service connections to the main will be made with an Inserta Tees by Fowler Manufacturing. d. Materials for Sealing Manholes 1. The annular space at each manhole may be sealed with Oakum saturated with Avanti 202 or approved equal and covered with a quick setting grout. 2. The annular space at each manhole may also be sealed with a water stop gasket by Fernco Company or approved equal and finished with a quick setting grout. 501-1.1.5 Equipment The pipe bursting unit shall be designed and manufactured to force its way through the existing line by fracturing the pipe and compressing the broken pieces into the surrounding soil as the equipment progresses. The bursting unit shall generate sufficient force to burst and compact the existing pipeline. In each case the pipe bursting unit shall pull the polyethylene pipe with it as it moves forward. Page 48 of 50 501-2 EXECUTION 501-2.1 Requirements 501-2.1.1 General. Bypass pumping shall be accomplished when and where necessary. The Contractor shall provide flow diversion with pumps adequate in size and capacity to handle all flows generated during the pipe burst process. All costs for bypass pumping shall be incidental unless specific pay items for this work are included in the pay schedule. 2. Excavation of insertion pits shall be at locations determined by the Contractor. a. Insertion pits shall be of sufficient length to allow the bursting head and new HDPE pipe to enter the host pipe at an angle that will maintain the grade of the existing sanitary sewer. 3. Contractor shall locate and remove existing P.C.C. pipe anchor prior to pipe bursting the main by open cut methods. All sewer service connections shall be located prior to pipe bursting the main by open cut methods. 501-2.2 Insertion of the HDPE Pipe The polyethylene pipe shall be assembled and joined at the site using the butt - fusion method to provide a leak proof joint. Threaded or solvent cement joints and connections are not permitted. All equipment and procedures used shall be in compliance with the manufacturer's recommendations. Fusing shall be accomplished by personnel certified as fusion technicians by a manufacturer of HDPE pipe and/or fusing equipment. The butt -fused joint shall be in true alignment and shall have uniform rollback beads resulting from the use of proper temperature and pressure. The joint shall be allowed adequate cooling time before removal of pressure. The fused joint shall be watertight and shall have tensile strength equal to that of the pipe. All defective joints shall be cut out and replaced at the expense of the Contractor. 3. Service connections to the HDPE pipe shall be made with materials submitted and approved in accordance with 501-1.1.3. An appropriate relaxation period shall be allowed prior to making service connections and connecting to manholes. The relaxation period shall be appropriate with and dependent upon site conditions, as determined by Contractor, but should not be less than a period of 4 hours before cutting and trimming replacement pipe or making any manhole connections. Page 49 of 50 5. The new HDPE pipe shall be inserted immediately behind the bursting head in accordance with the manufacturer's recommended procedures. The bursting tool shall be specifically designed and manufactured for the type of insertion process being used. It shall be utilized to guide and assist the bursting head during the operation. A pushing machine may be utilized to aid pipe insertion from the rear. 6. New HDPE pipe shall extend a minimum of 6" into each manhole. The annular space shall be sealed at each manhole with Oakum saturated with Avaniti 202 or a Water Stop Gasket (as described in 501-1.1.3) and finished with a quick setting grout. The extra length within the manhole shall be trimmed after the relaxation period to allow for unrestricted flow. 501-2.2.1 Service Reconnections 1. Service connections to the HDPE pipe shall be made with materials submitted and approved in accordance with 501-1.1.3. Services shall be reconnected so as to minimize disruption of service. 2. After the new HDPE pipe has been installed and tested, the Contractor shall be responsible for reconnecting existing sewer services in the manner described. All service lines shall be the size indicated in the plans and specifications. 501-2.2.2 Testing And Acceptance 1. After the new HDPE pipe is installed and all services are reconnected, the line shall be inspected by CCTV. PACP Post -CCTV video shall be submitted to the Engineer for approval and acceptance of line. Payment for CCTV shall be included with the installation of the pipe bursting method. Page 50 of 50 TO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report August 12, 2014 Agenda Item No. 8. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Frank Tran, Civil Engineer (949)644-3340 St. James Road Sewer Relocation and CDS Unit Installation — Award of Contract No. 4910 (CAP12-0027) ABSTRACT: Staff has received construction bids for the Saint James Road Sewer Relocation project and requests the City Council's approval to award the contract to Paulus Engineering, Inc. The project includes installation of a trash -removal device called a CDS unit. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 4910 to Paulus Engineering, Inc. for the total bid price of $539,645.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $54,000.00 to cover the cost of unforeseen work not included in the original contract; and d) Approve Budget Amendment No. 15BA-007 transferring $185,600 from Account No. 7541-C7001003 (Wastewater Master Plan Improvements) to Account No. 7541-C7002005 (St. James Road Sewer Relocation) and appropriating $197,000 from the unappropriated General Fund balance to Account No. 7012-C7002005 (St. James Road Sewer Relocation). FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following account for the award of this contract: Account Description Account Number Amount General Fund 7012-C7002005 $ 197,000.00 Wastewater Enterprise 7541-C7002005 $ 409,000.00 Total: $ 606,000.00 Proposed uses are as follows: Vendor Paulus Engineering, Inc. Paulus Engineering, Inc. Harrington Geotechnical, Various DISCUSSION: Purpose Construction Contract Construction Contingency Inc. Geotechnical Testing Printing & Incidentals Total: Amount $ 539,645.00 $ 54,000.00 $ 11,430.00 $ 925.00 $ 606,000.00 At 10:00 a.m. on July 9, 2014, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $539,645.00 $747,585.00 $795,000.00 $849,496.00 $869,767.00* $942,095.00 $979,795.00 *Bid as read $872,662.00 The low bid amount is 13% lower than the Engineer's Estimate of $622,000. The low bidder, Paulus Engineering, Inc., possesses a California state contractor's license classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. Paulus Engineering, Inc. also completed the Central Balboa Peninsula Water and Sewer Improvement project for the City in 2010. The work necessary to complete this contract includes constructing sewer improvements such as sewer mains, manholes, laterals, and cleanouts within the 21 -ft public sewer easement on the property at 745 Dover Drive obtained last year. The goal of the project is to relocate and replace a deteriorated steel sewer main on the hillside behind homes on St. James Place and St. James Road. The existing sewer main is underneath decks, patios and, in one property, underneath portions of the house. Replacement of the sewer in its current location would be very difficult and expensive. Staff has been working with seven homeowners on St. James so as to eliminate the hillside sewer on their properties by constructing this improvement project. Five residences either granted a new sewer easement or signed access agreements to allow construction of private sewer laterals that will connect to this new proposed sewer. This work also includes replacing the 8 -in sewer line between properties at 724 and 730 Saint James Place. Staff recommends approval of the contract award to include a contingency allowance of approximately 10% to cover the cost of unforeseen conditions. As part of this sewer project, a hydrodynamic separation storm drain treatment unit on Dover Drive is included and a General Fund budget appropriation of $197,000 is requested. This work was originally planned with the installation of other storm drain interceptors throughout the City recently awarded by City Council on June 10, 2014. However, it was determined prior to the bidding, that there was insufficient grant funds for this Dover Drive unit and that better cost efficiencies and minimization of public inconvenience would be realized by adding this treatment unit to this nearby sewer relocation project. Although General Fund monies are requested for this specific unit, the City was successful in competing and securing approximately $1.1 million in grant funding from OCTA to construct storm drain treatment units to improve water quality throughout the City. These storm drain locations receive heavy street litter flows during storm events and hydrodynamic separator inceptor units will capture it before entering the ocean and bay water. As part of those grant funds, the City is required to use a local General Fund match. Staff received a formal bid protest dated July 21, 2014 from the Laborers Pacific Southwest Regional BIDDER Low Paulus Engineering, Inc. 2 Big Ben Inc. 3 SND Construction Inc. 4 TE Roberts Incorporated 5 GCI Construction, Inc. 6 GRFCO Inc. 7 Ramona, Inc. TOTAL BID AMOUNT $539,645.00 $747,585.00 $795,000.00 $849,496.00 $869,767.00* $942,095.00 $979,795.00 *Bid as read $872,662.00 The low bid amount is 13% lower than the Engineer's Estimate of $622,000. The low bidder, Paulus Engineering, Inc., possesses a California state contractor's license classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. Paulus Engineering, Inc. also completed the Central Balboa Peninsula Water and Sewer Improvement project for the City in 2010. The work necessary to complete this contract includes constructing sewer improvements such as sewer mains, manholes, laterals, and cleanouts within the 21 -ft public sewer easement on the property at 745 Dover Drive obtained last year. The goal of the project is to relocate and replace a deteriorated steel sewer main on the hillside behind homes on St. James Place and St. James Road. The existing sewer main is underneath decks, patios and, in one property, underneath portions of the house. Replacement of the sewer in its current location would be very difficult and expensive. Staff has been working with seven homeowners on St. James so as to eliminate the hillside sewer on their properties by constructing this improvement project. Five residences either granted a new sewer easement or signed access agreements to allow construction of private sewer laterals that will connect to this new proposed sewer. This work also includes replacing the 8 -in sewer line between properties at 724 and 730 Saint James Place. Staff recommends approval of the contract award to include a contingency allowance of approximately 10% to cover the cost of unforeseen conditions. As part of this sewer project, a hydrodynamic separation storm drain treatment unit on Dover Drive is included and a General Fund budget appropriation of $197,000 is requested. This work was originally planned with the installation of other storm drain interceptors throughout the City recently awarded by City Council on June 10, 2014. However, it was determined prior to the bidding, that there was insufficient grant funds for this Dover Drive unit and that better cost efficiencies and minimization of public inconvenience would be realized by adding this treatment unit to this nearby sewer relocation project. Although General Fund monies are requested for this specific unit, the City was successful in competing and securing approximately $1.1 million in grant funding from OCTA to construct storm drain treatment units to improve water quality throughout the City. These storm drain locations receive heavy street litter flows during storm events and hydrodynamic separator inceptor units will capture it before entering the ocean and bay water. As part of those grant funds, the City is required to use a local General Fund match. Staff received a formal bid protest dated July 21, 2014 from the Laborers Pacific Southwest Regional Organizing Coalition regarding the large difference in bids between Paulus Engineering, Inc. and the second low bidder. Staff discussed this issue with Paulus Engineering, Inc., reviewed the contractor's references, including previous work with the City, and determined that Paulus Engineering, Inc. has submitted a responsive bid. The contractor will be responsible to ensure all work is completed properly and in accordance with all requirements, laws and regulations including Prevailing Wage. Therefore, staff recommends approval of the contract. Pursuant to the contract specifications, the Contractor will have 90 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (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 Attachment B - Budget Amendment ATTACHMENT A SEWER tAL CITY OF NEWPORT BEACH ST JAMES SEWER RELOCATION PUBLIC WORKS DEPARTMENT LOCATION MAP C-4910 1 08/12/2014 ATTACHMENT B City of Newport Beach NO. BA- 15BA-007 BUDGET AMENDMENT 2014-15 AMOUNT: $3s2,600.00 EFFECT ON BUDGETARY FUND BALANCE: NXIncrease Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: Xfrom existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from the General Fund fund balance and transfer appropriations from the Wastewater Master Plan Program into the St. James Place Sewer Relocation accounts in budget units 7541 and 7012 in order to secure sufficient funds for the St. James Road Sewer Relocation project and for the award of the associated construction contract to PEI. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITUREAPPROPRIATIONS (3603) Description General Fund - Fund Balance Description Description Division Number 7541 Sewer Main Replacement Account Number C7001003 Wastewater Mst Pln Prgm Account Number C7002005 St. James PI Sewer Relctn Division Number 7012 Drainage Account Number C7002005 St. James PI Sewer Relctn Amount Debit Credit $197,000.00 $185,600.00 $185,600.00 $197,000.00 . Automatic System Entry. Signed: gr—"' Fi ial Approval: Finance Director Date Signed: Signed: Approval: City City Council Approval: City Clerk Date Date