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Home My WebLink AboutC-4775 - St. James Road and Kings Place- Water Main Replacement.�e C ' `�' 91 ;fir M'i , it t i XV */} . 1 �) j f !I OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 16, 2012 Mr. Timothy Roberts T.E. Roberts, Inc. 1131 E. Main Street, #201 Tustin, CA 92780 Subject: St. James & Kings Place Water Main Replacement - C -4775 Dear Mr. Roberts: On October 11, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 18, 2011. Reference No. 2011000519325. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0498335. Enclosed is the Faithful Performance Bond. Sincerely, 6mly J - Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN TWO COUNTERPARTS BOND #0498335 PREMIUM: $4,750 City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 BOND NO. 0498335 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,750.00 being at the rate of $ 25/15 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to T.E. Roberts, Inc., hereinafter designated as the "Principal ", a contract for construction of ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT, Contract No. 4775 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4775 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and INTERNATIONAL FIDELITY 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 Two Hundred Forty -Nine Thousand, Nine Hundred Eighty -Five and 001100 Dollars ($249,985.00) 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. 29 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bohd 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 8TH day of JULY , 2p-'I-, - fnQJ4 Uw+s T.E. Roberts, Inc. (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 233 WILSHIRE BLVD., SUITE 820 SANTA MONICA, CA 90401 Address of Surety 10) 395 -7887 Telephone CHARLES L: FLAKE /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT ........ e ................ ............................... v.....................I State of California County of `Q(A* ) ss. On )i -II before me, Ilil Notary Public, personally appeared jrim!2kln l �pbPi✓ _ �� 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. KIM E. NEWETT COMM. #1879611 z °r<. -m Notary Public - California o z .� Orange County ' My Comm. Expires Feb. 7, 2014 Sig ature (seal) ..................... eee ......................... ..............................I OPTIONAL INFORMATION Date of Document Type or Tifle 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) Capacity of Signer: Trustee Power of Attorney CEO I CFO f COO _ President/ Vice - President! Secretary/ Treasurer Other: Other Information: 31 Thumbprint of Signer Check here ii no thumbprml or fingerprint is available. ACKNOWLEDGMENT See ............................................. n. ............................... o, State of California County of On Public, personally appeared ss. before me, Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official seal. Signature (seal) ............... ............................... ............................... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO I CFO I COO President I Vice - President I Secretary I Treasurer Other: Other Infonrlatiow 32 Thumbprint of Signer [� Check here d no thumbprint cr fingerprint is availaUle. aLai.¢, CALDFORMIA � aia4� ' W ° 'RFOtif ACKNOWLEDGMENT State of California County of Orange On 7 -08 -11 before me, Jan C. Moran, Notary Public Dale Here Inca" Name me TIOe of the Meer personally appeared Charles L. Flake JAN C. MORAN 0 4 COMM. 41789349 (f m NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY 0 COMM. EXPIRES FEB. 17, 2012 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/herAheir 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. / 4wo Signature of Newry Public 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(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — O Partner —❑ Limited ❑ General ❑ Attorney in Fact In Trustee Guardian or Conservator Other: Signer Is Representing: RIGHLTHUMSP,RINT- ,0FtSIGNERr' 0 Number of Pages: Signers Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: lRIGWjHUNI8P,RINTr , �OFJSIGNERT_ '' 0 2007 National Notary Assodallon•93W De Sow Ave.. P.O.Dax 2402 • Cheavorlh, CA 9131 &2402 -v NalionaMetargorg Item#5 Reortler.CallTail- lomel- 80"7"827 Tel (973) 624 -7200 II O Y Y Jt.:IR "IYJL' A d E ®JS:Ol VE. .HOME OFFICE: ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: ThavIN CERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey and having its principal office in die City of Newark, New Jersey, does hereby constitute and appoint CHARLES L. FLAKE, RICHARD A. COON, DAVID L. CULBERTSON Anaheim, CA. its true and lawful atorney(s) -m -fact to execute, seal and deliver for and on its behalf as surety,, an and all bonds and undertakings, contracts of indemnity and other writings obligatory, m Lhe nature thereof, which are or may be allowed, required or permme� by law, suamre, rule regulation• contract or otherwise, and the execution of such instrumenhs) in putauance of these presents. shall he as binding upon the said INTERNe�TIONAL FIDELITY INSURANCE COMPANY, as fully and amply m all tments and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal officc. This Power of Anorne • is executed, and maybe revoked, pursuant to and by authority of Article. 3-Section _ , of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a- meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Atmrneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thetet_o, bonds and undertakings, contracts of Indemnity and otter writings obligatory in the aware thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorneyy is signed and sealed by facsimile pursuant to. resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th ay of April. 1982 of which the following is a fine excerpt. Now therefore the signatures of such officers and the seal of the Company may he affixed to any such power of attorney or any certificate relating. thereto by facsimile, and any such power of.aturnev or certificate hearing such facsimile signatures or facsimile seal shall be valid and:bindmg upon the Company and any such power so executed and certified byfacsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL `' � I STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY 7'MINN` F On this 16th day of October 2007, before me came the individual who executed the. iecedin instrument, to me personally known, and, being by me duly sworn, said the he is the. therein described and- eutlinrized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to Said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. NY Vq2 "' +,�+ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, p' • - AG at the City of Newark, New Jersey the day and year first above written. OFN A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires March. 27, 2014 1, the undersigned officer of INTERNATIONAL FIDELI'T'Y INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and die copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney-, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY• and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked, and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 8TH day of JULY, 2011. Assistant Secretary �Jf OFFICE OF THE CITE' CLERK Leilani I. Brown. MMC November 23, 2011 Mr. Timothy Roberts T.E. Roberts, Inc. 1131 E. Main Street, #201 Tustin, CA 92780 Subject: St. James & Kings Place Water Main Replacement (C -4775) Dear Mr. Roberts: (� loayv // On November 22, 2011, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 18, 2011, Reference No. 2011000519325. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0498335. Enclosed is the Labor & Materials Payment Bond. Sincerely, �� rVV�� I' ✓' "'Vl� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN TWO COUNTERPARTS BOND 410498335 PREMIUM INCLUDED IN City of Newport Beach PERFORMANCE BOND ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 BOND NO. 0498335 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to T.E. Roberts, Inc., hereinafter designated as the "Principal," a contract for construction of ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT, Contract No. 4775 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4775 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, INTERNATIONAL FIDELITY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -Nine. Thousand; Nine Hundred Eighty -Five and 00/100 Dollars ($249,985:00) 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8TH day of .TULY .2011. "CIYY G n I V tbe'r s T.E. Roberts, Inc. (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY _ Name of Surety 233 WILSHIRE BLVD., SUITE 820 SANTA MONICA, CA 90401 Address of Surety (310) 395 -7887 Telephone CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ................... ....s.n.......v................ v.... v..................... a, State of California County of MA ) ss. I 1 On 1 -�wk before me; j(�q _ �� iJ� Notary Public, personally appeared fiC �1 �2 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. A ignature ............................ ................. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary I Treasurer Other Other Information 35 <IfA E. NEYIETT COMM. #1879611 z Notary Public - California o Z orange County N Comm. Expires Feb. 7, 2014 (seal) Thumbprint of Signer �] Check here if no thumbprint or fingerpnnt is available. ACKNOWLEDGMENT vvvvva v..v.vsv• vvvv evevv .......s.evevavavaysevv...ev vvvv avvvvavv. v. vvvv v State of California County of On Public, personally appeared ss. before me, Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 (seal) ................. ..................vv.vev..evvv. v. v.. v.. v.. v.. v v v v.. v v v v. v.. v v, OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO President/ Vice-President Secretary! Treasurer Other: Other Information: 36 Thumbprint of Signer Check hero it no thumbprint or 6nrlerprinl is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7 -08 -11 before me, Jan C. Moran, Notary Public Dale Here Insert Name end We of dm Officer personally appeared Charles L. Flake JAN C. MORAN (7 COMAI' R 1789349 are t,e NOTi,RY PUBLIC - CALIFORNIA In ORANGE COUNTY 0 n a COMM. EXPIRES FEB. 17, 2012 Platy Notary Seal Abm 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 ( ianj C• ,' wL1,, Big. of Notary Public OPTIONAL JAI 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 — ❑ Limited l'J General _ ❑ Attorney in Fact ❑ Trustee Tap of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 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: 'RIGH_ TaT.HUMBP,RINT OFASIGNERt 02907 Naltoaal Notary Assodaeon• 9350 De Sob km, P.O. Box 2402•Cha .*mf,CA 913132402•w. 1.Nafim tNomryag It=459o7 Reober.Ca ToH.FmelA00- 6736627 Tel (973' ) 624 -7200 n JWER OF A Il Jil ®RNE'. INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER; 20TH FLUOR NEWARK, NEW JERSEY 07102 -5207 B'NOW ALL MIEN BY THESE PRESENTS; That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the Stale of New Jersey, and having its principal office in the City of Newark, New Jersey, does'heriediy constitute and appoint CHARLES L. FLAKE, RICHARD A. COON, DAVID L. CULBERTSON Anaheim, CA. its uue and lawful i n iriey(s) -m -fact in execute, seal and deliver for and on its behalf as surety, an)}, and all bonds and undertakings, contracts of indemnity and other writings obligamty . in the nature thereof, which are or may be allowed. required or permitted hy Jaw: stature, tole, re�uIation, contract or otherwise• and the execution of such rastnnnerrr(s) in pursuance of these presents, shall he as binding upon tine said LNTER-NATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and,rnay be revoked. pursuant to and by authority of Article 3- Section 3, of die By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY I SURANCE COMPANY at ii meeting called and held'on the 71h day of February, 1974. 'The President or any Vice President. Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such atturney -in -fact and revoke die authority given. Further, this Power of Attorney is signed, and sealed by facsimile. pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held d on the 29th day of April. 1982 of w Lich the following is d true excerpt Now therefore the signatures of such officers and the seal of the Company may be affixed to any such powes of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures. or facsimile seal shall be valid and bindingg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond of undertaking to which if is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to he affixed by its authorized officer, this 16th day of October, A.D. 2007. , SEAL ' n 19014 CID STATE OF NEW JERSEY County of Essex f INTERNATIONAL FIDELITY INSURANCE COMPANY .� �r� M -- i On this 16th day of October 2007, before me came the individual who executed the precedin instrument. to me personally known, and, being by me duly sworn, said the he is the dierein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that die seat affixed in said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. �r'..%Vf VAZO'y IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, :.` Up •.. -TA • (,; at the City of Newark, New Jersey the day and year first above wrinen. YOF..... • d�P`.``,. .�!,r rrNrxrr`° A. NOTARY PUBLIC OF NEW JERSEY CERTIFICATION, My Commission Expires March. 27, 2014 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing -copy of the Power of Attorney-and affidavit, and the copy of the Section of the By -Luws of said Company as set forth unsaid Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the Same are conect transcripts - thereof, and of the whole of the said originals, and that the said..Yower of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 8TH day of JULY, 2011. Assistant Sect emn- RECEIVED RECORDING REQUESTED BY AND WHE4MEfIE[RTf2N TO: City Clerk OFIC€ OF City of Newg2qI1q(&M 3300 N%�K -5rt ilu'&— ,vR.CH Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIII�III�III�III0111111111111111111011111111111111111111111 NO FEE 201100051932512:41 pm 10/18/11 276 41 B N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" KIOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and T. E. Roberts of Tustin, CA, as Contractor, entered into a Contract on July 12, 2011. Said Contract set forth certain improvements, as follows: St. James Road and Kings Place Water Main Replacement Project — C -4775 Work on said Contract was completed, and was found to be acceptable on October 11, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. .Pubfic W s Director City of Wwport Beach VERIFMATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 0G10PPz- 12-1 W1( , at Newport Beach, California. BY OF City Clerk' i��uri q IW N� i BY THE CRY COUNCIL CITY OF CITY OF NEWPORT Bc_ ACCH 06", City Council Staff Report Agenda Item No. 4 October 11, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum @newportbeachca.gov PREPARED BY: Patrick Arciniega, P.E. Senior Civil Engineer APPROVED: � c=Akr TITLE: ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT PROJECT — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4775 ABSTRACT: On July 12, 2011, City Council awarded Contract No. 4775 to T.E. Roberts, Inc., for a total contract cost of $249,985.00 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council accept and close out of the contract. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount St. James Road and Kings Place 7511- C6002009 $ 266,058.20 Water Main Replacement Total: $ 266,058.20 ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT PROJECT — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4775 October 11, 2011 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Construction Final Cost at Contingency Actual Contract Time Contract Award Contract Time Under or Amount Completion Target Change days (Over) $249,985.00 $266,058.20 15% or less 6.4% 45 22 The work necessary to complete this contract consisted of distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing water facilities, furnishing and installing new water mains, water services, fire hydrants, valves, fittings, waste water lateral and other appurtenances and restoring of all affected surface improvements, and other incidental items of work to complete the project. This project was designed on an emergency basis and constructed with an accelerated schedule due to 3 previous water breaks within the previous 6 months. T.E Roberts began work two days after council award and completed 20+ days ahead of schedule. The residents were delighted to see the old water main replaced in such a quick and efficient manner. This project demonstrated the cooperative work possible between a. good contractor and city staff from the MOD and Public Works Departments. The new C -900 PVC line replaces the old ACP main which should prevent further public property damage from additional water breaks. Furthermore, the City authorized the current slurry seal contractor American Asphalt South to slurry the street after all trench work had been completed. This work was deemed appropriate due to the extensive trenching for the water line as well as the service laterals that crisscrossed the street. The slurry seal will extend the pavement life and eliminate the need for an another construction project in the near future thus minimizing impacts to residents 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: Actual cost of bid items constructed: Total change orders: Final construction contract cost: $249,985.00 $252,933.20 $13,125.00 $266,058.20 The final construction contract cost is approximately 6 percent above the original bid amount. The asphalt tonnage was over the estimate due to the additional paving the 1Z ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT PROJECT — NOTICE OF COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4775 October 11, 2011 Page 3 contractor performed in this area per City request. Additional paving was required to permanently repair the damaged pavement in front of the home that had been flooded twice due to pipe failures. Repair crews had temporarily patched the street knowing this pipeline job would be coming through at a later date. The native clay subgrade was found to be unsuitable for use as backfill so a change order in the amount of $13,125 was approved to bring in suitable base material and haul off the native material. A summary of the project schedule is as follows: Estimated completion date per July 2010 Schedule: October 21, 2011 Project Awarded for construction: July 12, 2011 Contract Completion Date Plus Approved Extensions: September 15, 2011 Actual Construction Completion Date: August 12, 2011 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. NOTICING: 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). Suhmitted bv: Attachment: A. Location Map 3 SAINT P� I JgMFS 'sTy � oPO a� Q a STAFF JP��S T D�- = w o z Q oR�vE z - PROJECT LOCATIONS LOCATION MAP NOT TO SCALE CITY OF NEWPORT BEACH SAINT JAMES ROAD AND KINGS PLACE PUBLIC WORKS DEPARTMENT WATER MAIN REPLACEMENT DA 6/30/11 SHT. 7 OF 7 DRAWN MG C -4775 Attachment A 4 end OFFICE OF THE CITY CLERK Leilani L Brown, MMC FO October 12, 2011 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: o St. James Road and Kings Place Water Main Replacement Project - (C -4775) o Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossing - (C -3531) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, � � v Im Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Beador Construction Company, of Corona, California, as Contractor, entered into a Contract on October 26, 2010. Said Contract set forth certain improvements, as follows: Seismic Retrofit of San Diego Creek Bridges and Goldenrod Pedestrian Overcrossing C -3531 Work on said Contract was completed, and was found to be acceptable on October 11, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VE certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 11�� Executed on �(�0�� Iii at Newport Beach, California. BY gt� -1 City Clerk CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 30th day of June, 2011, at which time such bids shall be opened and read for ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Title of Project Contract No. 4775 $290,000.00 Engineer's Estimate Stephen G. Badum ublic Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Plans from Patrick Arciniega (949) 644 -3347 at the City of Newport Beach, Public Works Department At 3300 Newport Boulevard, Newport Beach, CA 92663 There will be a MANDATORY pre -bid job walk at 10:30 AM on Wednesday, June 22, 2011, at the intersection of Kings Place and St. James Road Contractor License Classification(s) required for this project: "A" For further information, call Patrick Arciniega, P.E., Project Manager at (949) 644 -3347 City of Newport Beach ST. JAMES ROAD AND ICINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ......................................................... ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9 NON - COLLUSION AFFIDAVIT ...................................... ............................... 13 DESIGNATION OF SURETIES ....................................... ............................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ........................ .............................15 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................17 INFORMATION REQUIRED OF BIDDER ........................................ .............................18 NOTICE TO SUCCESSFUL BIDDER ............................................... .............................21 CONTRACT...................................................................................... .............................22 FAITHFUL PERFORMANCE BOND ................................................ .............................30 LABOR AND MATERIALS PAYMENT BOND .................................. .............................33 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ..... .................................. ..................................................... SP -1 `A City of Newport Beach JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed' R ?d" shall t.e clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute formal 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. 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 Conlract'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. Moog A Contractor's License No. & Classification T. E. iL olor✓ri' Bidder , t� t Authorized Sigriaturefritle (o -2b -11 Date BOND ll9 =B PREMIUM NIL City of Newrporl Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 BIDDER'S B ND We, the undersigned Principal and Surety, ou successors and assigns, executors, heirs and administrators, agree to be jointly and sever I y 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 unders gned Principal for the construction of ST. JAMES ROAD AND KINGS PLACE WATER MAIN ]REPLACEMENT, Contract No. 4775 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 Awa d °, otherwise this obligation shall become null and void. If the undersigned Principal executing this B nd 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 21ST day of JUNE 2071. T.E. ROBERTS, INC. BY: Name of Contractor (Principal) uthorized Signature/Title t_ ; INTERNATIONAL FIDELITY / ti INSURANCE COMPANY gy; , � / Name of Surety 233 WILSHIRE BLVD., SUITE 820 SANTA MONICA, CA 90401 Address of Surety (310) 395 -7887 Telephone CHARLES L. FLAKE /ATTORNEY -IN -FACT Orin( Name and Title (Notary acknowledgment of Principal $ Surety must be attached) M ACKNOWL ..................... a........... a.......... State of California County of ) ss. On Public, personally appeared before me, 5_ a�1Ztc4�e� ENT .... ...................a.........., Notary proved to me on the basis of satisfactory evidence �o be the person(s) whose name(s) is /are subscribed to the within instrument and acknowled ed to me that he /she /they executed the same in his /her /their authorized capacity(ies), and hat by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf I which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature laws of the State of California that the (seal) o a ................... ..................a...4........ a o a.. a. a........ a a........, OPTIONAL WFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: —Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEOICFOICOO President I Vice - President I Secretary I Treasurer Other: Cher 11 Thumbprint of Signer ❑7 Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 6 -21 -11 before me, Lexie Sherwood, Notary Public Date Here Insert Name antl rrde of the OUicer personally appeared Charles L. Flake 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 hancd,Dand official /sal. Signature /ESL C11�,C G!%7D� Place Notary Seal Above Signature 6f Notary Irublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner —❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian Or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Assoclation • 9350 De Soto Ave.. P.O. Box 2402 - Chats orth. CA 91313 -2402 • mm.NatlenalNolaryarg Item 95907 Reorder: Call Toll -Free 1- 600 - 676.6927 RWO LEXIE SHERWOOD NE SH ' %' `. 2 "'ri 1 V.n jV ?'. dry, ,$..;5 !': NOTARY PUBLIC o CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2073 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 hancd,Dand official /sal. Signature /ESL C11�,C G!%7D� Place Notary Seal Above Signature 6f Notary Irublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner —❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian Or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Assoclation • 9350 De Soto Ave.. P.O. Box 2402 - Chats orth. CA 91313 -2402 • mm.NatlenalNolaryarg Item 95907 Reorder: Call Toll -Free 1- 600 - 676.6927 Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW .JERSEY 07102 -5207 KNOB' .ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing law's of die State of New lersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint CHARLES L. FLAKE, RICHARD A. COON, DAVID L. CULBERTSON Anaheim, CA. its tree and lawful attormey(s) -in -fact to execute, seal and deliver for and on its behalf as surety_ any' and all bonds and undertakings, contracts of indemnity and other writings obligatory to die nature thereof, which are or may he al IOU ed, required or ppermnted b))• law, stature, rule, regulafiun, contraci or otherwise, and die execution of such instrument(si in pursuance of these presents, shall he as biiitlmg upon Ne said INTERNATIONAL FIDELITY INSURANCE COMPANY. as fully and amply, to all intents mid purposes, as if the same had been duly' executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and ntay be revoked. pursuant to and by, authority of Article 3- Section 3, of the B}' -Laws adopted by the Board of Directors of INTERNA'I -ZONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of F:cbmary, 1974. The President or any Vice President, Executive Vice President. Secreuny or Assistant Secrermy, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf ofthe Company, and attach Elie Seal of the Company thereto, bonds and undertakings, contracts of indemnity and otter writings obligatory in the nature thereof and, (2) To remove, at any time. any such attorney -in -fact and revoke the audwrky given. Further, dais Power of Attorneyy is signed and sealed lr • facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th tlay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such over of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing Such facsimile signatures or facsimile seaPshall be valid and bindmR upon the Company and any such power so executed and certified by facsimile. signatures and facsimile seal shall be valid and binding upon the Company it the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITY INSURANCE COMPANY has caused dais instrument m be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL `- m 9�4 SPATE OF NEW JERSEY _ t� County of Esscx INTERNATIONAL FIDELITY INSURANCE COMPANY On this 16th day of October 2007, before me came the individual who executed die pprecedingg instrument, to me personall' known, and, being. by me duly sworn, said the he is the therein described and authorized officer of the INTERNATION.AL FIDELITY INSURANCE C8MPAN'Y: that the seal affixed to said instrument is the Corporate Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. VA>Q' , IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal• at the City of Newark, New Jersev the day and year first above written. y r �1 t Will, A NOTARY PUBLIC OF NEVI.JERSEY r CERTIFICATIONS My Commission Expires March. 27. 2014 1. die undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that l have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Section of the By -Laws of said Company as set Rwda in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof• and of the whole of the said originals, and that the said Power of Attorney hex not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 21ST day of JUNE, 2011. Assistant Secremry ACKNOWLEDGMENT State of California County of OrMACA ) ss. On to -L45 Public, personally before me, Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language KIM E. NEWETT COMM. #1879611 z Notary public - California o Z orange County •� M Comm. Expires Feb. 7, 2014 (seal) OPTIONAL INFORMATION Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President I Vice- President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here it no thumbprint or fingerprint is available City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Number Description of Work %of Total Bid Name' f5r,�/een 'frU Mllj John 'f Address: 530c) ND pe I I a- 600+ C r to L� l n Ni (m Lorna, CA 101, 13 Phone: 951 3-77 -b361� State License Number: j�,pL 11455 A Name: Oro -nge CQ. 64f .:7m Address: 113 n N. ` I Icy Wee* 5tr pI'(19 pran�, � gZFSl�4' 9u is- Phone: I1Ll 3 q HS� State License Number: Name: !!-5iYU&tVre.S' V111 fYl Address: —7 6-11 WrOn Ave sl Con�r>;� � WorlS (Zlv�rsrdef a?l�3 Phone: 951 bST -10 31>0 Stale License Number: 6irol I D T.E.12ol�r -�5, ItnG Bidder M Authorized "ignature/Title City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name -T e. iZbberfis . Inc . FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN P 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 II Project Name /Number MM a AA RedLh �bb J* 5(07 Project Description 2010 -2D11 %In-er Vain RPpIa(-cme -n+ Approximate Construction Dates: From 11 -2q -1() To: IJ-1 S-1 1 Agency Name (t ice_ a Manhakkan Reach Contact Person NA( "el (TUVrrerD Telephone (31a _$02-53 S S- Original Contract Amount $ 9K. 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. M lo, So. y J1 .0k o'�^ 1 1 • f70 rvv — No. 2 Project Name /Number Founkawi Via ll eg Jofo A S,99 Project Description `0, oldr4, i [AntalIA. -hinn Approximate Construction Dates: From 5- -11 -t1 To: 5--1 !?-1 1 Agency Name CA! Enf.t.rrf-Afrt V4ll-P-V Contact Person _ kl C _15M cr Telephone o1 j) 5g3_gtgJ, Z Original Contract Amount $ �Final Contract Amount 18�4.� If final amount is different from original, please explain (change orders, extra work, etc.) 1E1.1 A- 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 CI �� LA PQIma Jnb -4� W-7 Project Description 1=Mt fAGq R°_boirs Approximate Construction Dates: From Ha-1I To: %rren+- Agency Name P� f LA 201On4 I Contact Person hMe5 TS LA m (kr6L Telephone (11y (gDAIOD Original Contract Amount $ N R Final Contract Amount $ K/ u 121a .' }Ddq�Z If final amount is different from original, please explain (change orders, extra work, etc.) 14' uI 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. JAb 10 No. 4 Project NamelNumber Man hr +W BeVh Job *531 Project Description M- 9.010 Wo,+ec Mao Re-DIa effi x + Approximate Construction Dates: From 1 -In To: a - 11-10 Agency Name 0,dj DF WY1i1(k4 -6f1 fti-,h Contact Person Micha-e,[ [31hf,yT-e y Telephone (3D) gm- Original Contract Amount $1 2 Final Contract Amount $ y 012, 32(0. If final amount is different from original, please explain (change orders, extra work, etc.) tid M '-h-a I 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.--U. N2lbrat Jrab 4 52,1 Project Description LA I)Vbr& Qn- (All SP�rUILe- S Approximate Construction Dates: From 1-'1.5 ilk To:_ L' U,rJrGdrJ+ Agency Name Ui D� LA P AbM Contact Person Thum C,Dt 8hr&n Telephone Original Contract Amount $_Final Contract Amount $ }d_ 1_N51 (033— —tome If final amount is different from original, please explain (change orders, extra work, etc.) fifity, aylA W+&rral 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 11 No. 6 Project Name /Number NW I- AQUt1A k11,13 1,1010 4523 Project Description R;°lora+ed %." ?fiJ(IP/� u .i�t ser'VIC2S Approximate Construction Dates: From To: 3.201-1 D Agency Name Contact Person M GytAi I Telephone OLM H25 -35g3 Original Contract Amount $ d, WFinal Contract Amount $ilf $ I lo^ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the-�_Co.fttractor's current financial conditions. i ,'\h Bidder Authorized Signatureffitle 12 TEO? Roberts INCORPORATED 4f 11141 IYLILI I[I16 (011411101 1131 East Main Street Suite 201 Tustin, CA 92780 T. 716.669.0072 F. 714.400.0461 u1.... #603008 www.loto6ortsinr.com TIMOTHY ROBERTS General Engineering Contractor License A, #603008 RESUME Twenty -six years experience in the pipeline construction industry, performing construction management and general contractor roles. Experienced in construction, renovation, and cost estimating within commercial and residential environments. Recognized for well- developed project management skills and scheduled operational tasks that enable project completion on time and under budget. Consistently deliver quality and excellence in workmanship. Excellent safety record. Project Management Client Focus Tools and Techniques SKILLS Cost Estimation Communication On -time Completion EXPERIENCE T. E. ROBERTS, INC., Orange County, CA Timothy Roberts, CEO and President General Engineering Contractor Safety Emphasis Materials Expertise Customer Satisfaction 2000 - Present Chief Executive Officer and founder of successful pipeline contracting corporation. Experienced in negotiating terms For new construction projects in both private and publicly funded sectors. Manage completion of residential and commercial construction projects in a timely and professional manner. Supervise crews of skilled heavy equipment operators and general laborer personnel. Secure all required permits and contracts necessary to complete the job in accordance with government regulations. Maintain strict safety standards and procedures. Consult with clients on progress and issues. Select bid lists include: San Gabriel Valley Water Company, Fontana Water Company, Suburban Water Systems, Golden State Water, KB Homes, Rose Hills Mortuary and Cemetery, Bellevue Memorial Park and the International Buddhist Progress Society. Client referrals available upon request. • Specializing in water, sewer and storm drains of all sizes • Manage value engineering process with client to ensure modifications to project specifications continue to meet project goals and client expectations • Received numerous accolades from clients for superior workmanship • OSHA Certified Competent Person • Certified in Trench and Equipment Safety, First Aid and Confined Spaces EXCELLENT QUALITY - RELIABLE - SERVICE ORIENTED City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 NON - COLLUSION AFFIDAVIT State of California ) ss. County of t' »QP ) 1,. I ItnnfiA1 12s&rfn being first duly sworn, deposes and says that he or she is VX5l � � of ?,E. x +, InC - , the party making the Foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partna,ahip, conipany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of tom_ tate of Carrfomia that the foregoing is true and correct. T -E. Reber r5, �Oc— - :�E�pr25iden+ Bidder Authorized Signaturerritle Subscribed and sworn to (or affirmed) before me on this day of mil,«, 2011 by Tfmlhv Rber -hS , proved to me on the basis of satisfactory evid dnceto be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] _ KIM E. NEWETT °" COMM. #1879611 z F) '® Notary Public •California o ? Orange County M Comm. Ex Tres Feb. 7, 21114' 13 Maw My Commission Expires: 21�� Citv of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 477 DESIGNATION OF SURETIES Bidders name T. E Qnbey*e� �nc- 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): •.' to 1 ' t• / I MEN W."m AM, O'nz � 14 City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name T. E, Kohrr , fine- . 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 Yearof for for for for for Record 2010 2009 2008 2007 2006 Total -M2011 No. of contracts -73 -15, Hi H7 2.tp Lq IA-7 Total dollar _ Amount of Contracts (in 3,i�� `j,U51,R1+�; 3 333 vt2 �3,i0�1,36D. I,H74,3Gt1'AI 595 ►6�atU,bN� Thousands of $ No. of fatalities 0 O O 0 O O No. of lost Workday Cases Q O Q Q O p Q No. of lost workday cases involving permanent transfer to Q D 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 'I F, Kr)het -+5 lint,, Business Address: 11?.1 E MAfn YP�Suid ✓.?OI TIA�F[n, CA 012'I$D Business Tel. No.: _ 11H (ebQ" 0012-_! State Contractor's License No. and Classification: &D30D$ A Title �y th The above information was compiled from the records t are ava able to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title i 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 State of California CALIFORNIA ALL - PURPOSE Countyof _�(i� __ ) CERTIFICATE OF ACKNOWLEDGMENT On W -� g'�� before me, personally appeared II -t'7 __Rnbo,,� anA K((pberlee� J. yyh� ' 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 KIM E. NEWETT State of California that the foregoing paragraph is true and correct. COMM. #1879611 z Notary Public - California o Z Orange Counly WITNESS my hand and official seal. My Comm. Expires Feb. 7, 2014+ Signature! (Seal) OPTIONAL INFORMATION ',INe -,u.. :In ., . � r i r; .. r.:, .,lu . : , .. rl. . /!•'. ,ri f•q., it d•'r „ ". ,h, ,: d.11r .:,R:. n: .. e'rn,.,,I :,In., .I nr.; .ren:;! r... l.n.; ,,. •.I •rr:.,, .. :!• P,.'. .,'l.r; rr ot,> lym ^r th.. Description of Attached Document - ihe pre.ediml Crrlih,ara of AEI now..dg 7ienl is d!tache.a I a d,- -.;wt' hoA or ` ryuu li•_nhncao , { titled'•rrr th- purpose of contair, ng ;.aye.• and dated ° ^ The sigrer(s) capacity or authority i, we as Om r ' u representing: Citv of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 ACKNOWLEDGEMENT OF ADDENDA Bidders name T.E. Vobcr +s. Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 { CITY OF NEWPORT BEACH .i PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT CONTRACT NO. 4775 DATE: BY: TO: ALL PLANHOLDERS 1. Bid List/ Attendees of Mandatory Pre -Bid Meeting. 2. Minutes of Mandatory Pre -Bid Meeting. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. T �_ R obert5, I V1. Bidder's Name (Please Print) Date ,� we5de* Authorized'Signature & Title f :\users\pbw\sharedlcontracts\fy 10 -111st james -kings rd water main c- 47751addendum no. 1.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PRE -BID MEETING MINUTES ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT CONTRACT NO. 4775 June 22, 2010 at 10:00 AM Site Meeting: Intersection of St. James Road and Kings Place 1. Attendance a. Construction Supervisor b. Project Manager c. D.M. Kisling Construction d. D.M. Kisling Construction e. Doty Bros. Construction f. T.E. Roberts Inc. g. Paulus Engineering, Inc. h. GCI Construction 2. Project Description Marcus Puglisi (MP) Patrick Arciniega (PA) Mike Kisling (MK) John Tolmasov (JT) William Hernandez (WH) Brian Wagner(BW) Roger Betten (RB) Terry Gillespie (TG) 949 - 6443331 949-644 -3347 949 - 795 -7836 949- 795 -8198 562- 335 -1341 714 - 669 -0072 714 - 238 -6725 714- 957 -0233 a. This project involves removing and replacing approximately 2000 lineal feet of 6" PVC pipe and abandoning in place the existing 6" ACP pipe. In addition 3 fire hydrants will be replaced along with installation of new gate valves, water services, fittings, waste water lateral and other appurtenances and restoring all affected surface improvements and other incidental items of work to complete the project. 3. Schedule and Phasing a. Work shall be completed within 45 consecutive working days. Starting no later than August 1, 2011. b. Work will be constructed in 3 phases: St. James Rd. from 151' St. to Kings PI. Kings PI, from 15th St. to St. James Rd. St. James Rd. from Kings PI. to end of job. c. Work is being scheduled this way so that the project can be constructed without having to use bypass services. d. Road restoration should also be done in phases. • JT asked if floaters less than 5' wide would need to be included in resurfacing. PA stated that floaters per CNB STD - 105 L -B are called for repaving when there is less than 5' between the patch and curb and gutter or nearest joint. • A request was made to allow base paving to grade so that contractor could come back later and grind and cap the street (trench restoration limits) all at once. The pay item in Section 9 -3, Item No. 7-calls for construction of a 4 -inch thick section of AC for the 'T" trench pavement. The existing AC thickness is approximately 2 % to 3 inches thick therefore grinding will not be allowed. The existing pavement will have to be sawcut and removed so that the restoration section will match the specified thickness of AC (5' minimum width for main line trench and 3' minimum width for lateral run 4" thick) /Z it Pre -Bid Meeting Agenda St. James Rd. and Kings PI. Water Main Improvements Contract No. C -4775, Page 2 4. Pressure Test, Disinfect and Flush Water Main a. Contractor is responsible to testing, disinfecting and flushing main in three phases. After each phase the main shall be tied in and services cut over to new main. • JT asked if flushed water main can be drained to sewer or storm drain. MP said if the water is neutralized it may go into the storm drain, otherwise it can go into sewer. • JT asked who will be performing the Bac T testing. MP said that our Utilities group will hire the laboratory to perform tests. Contractor will pay for testing. 5. 2" Water Services a. There are 2 existing 2" water meter services in this project. We will not be replacing the meters and boxes. Instead we will be reconnecting the existing service line to the new main per CNB STD - 503 -L. TG asked about 2" water service connections if they will be silver soldered. MP confirmed that existing 2" laterals will be silver soldered onto the new main. 6. Additional Bidding Questions: • TG asked if we are going to be moving the existing water meter connections to private property per plan. PA stated we are not going to be relocating meters. Contractor is to connect to the meters in their existing locations. • TG asked if we are going to be changing out the old boxes (ie. 314 " boxes)? MP stated that the old boxes will be changed out to new boxes and if the boxes are in pcc then they will need to be cut out and have a new collar poured around them doweled into the existing pavement so that the boxes do not settle over time. • TG asked if the main is going to be restrained and blocked. MP confirmed that the line is to be restrained and blocked. Per Title Sheet General Note Number 19 All mechanical joints shall be installed with retainer glands." • Several questions were asked about the fixed price of the A&Builts and the fixed price of $10,000 will remain. • TG asked if there will be a charge for calling the Urban Forester out for inspection. There is no charge. • TG asked if the contractor can use their own truckers for haul -off of waste material. MP stated that they can use their own haulers. • The question came up regarding location of a storage area. The City is not providing a storage area the Contractor will have to secure one. Materials may not be stored or left on the public street. • TG pointed out that there is a typo in Item No. 8 of Section 9 -3. 6 -inch PVC, C -900 (Class 150) SDR -18 should read. 6 -inch PVC, C -900 (Class 150) DR -18 City of Newport Beach Public Works Department St. James Road and Kings Place Water Main Replacement Contract No. 4775 Pre -Bid Meeting June 22, 2011 SIGN -IN SHEET NAME REPRESENTING PHONE NO. yam{ ipcS�s S»►t�st CatiscJ��i3 t62e �oA oS to 5 -t3`� r a. Vt 1441- VLe� T ' �c 1 -71 Lt '66 -oa 7 sNe, 77 33 L hJ GAP A 1i '3 i F:1Users1PBWlShared\COn[mc[sIFY 10 -111St James- I(ings Rd water Main C -0775 \PRE -BID SIGN IN SHEET.doc CitV of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: T.6. Rnl3er-+5 lr-O—. Business Address: 1131 E. MaiA 5 -trees SlAi +e. 2ptT -TIA tfn GA- 927gt7 Telephone and Fax Number: T. 114 folo4 -1)072 F. lW 200-W-14) California State Contractor's License No. and Class: (a0 ?i00q) A (REQUIRED AT TIME OF AWARD) Original Date Issued: 9,2.1-0ID Expiration Date: 10-31-12 List the name and title /position of the person(s) who inspected for your firm the site of the work pr000sed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 111" ►� /.' 'vs '� OAT /1 I-aK>° Rolbert,, V ice Pre5ider'tt, 1'431 l ansdnwne W Ae Sa(I cL Ana LA 7i4f 832 -4ty7 Corporation organized under the laws of the State of JinliLr nr., M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: kobe. 6-- Inc. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /©o 19 Are any claims or actions unresolved or outstanding? Yes G 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. 7P,, Rdyxr 5. Inc,. Bidder TiMoffi\l F_. 6berf5 (Print name of Owner or President o Corporationi pany) Authbrized Signature/Title Pt"e5idPr( - Title 6 -17- Date On b-2 'V before me, i�ilrn }�UItAK Notary Public, personally appeared f_nh°iri s who proved to me on the basis of satisfactory evid nce 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 /hedtheir 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. otary Public in and for sa St oy (SEAL) id My Commission Expires: 20 ! IM E. NEWETT COMM. #1879611 z Mary Public - California ii z Orange County Comm. Expires Feb. 7, 2014' City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 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: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS o LABOR AND MATERIALS PAYMENT BOND C FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City( "City ") and T.E. Roberts, Inc., a California corporation ( "Contractor "), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of but not limited to distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing water facilities, furnishing and installing new water mains, water services, fire hydrants, valves, fittings, waste water lateral & other appurtenances and restoring of all affected surface improvements, and other incidental items of work to complete the project. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4775, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. `tea C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Forty-Nine Thousand, Nine Hundred Eighty -Five and 001100 Dollars ($249,985.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 at seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Patrick Arciniega, P.E. (949)644-3347 F. INSURANCE Without limiting Contra( commencement of work, Contractor sl- expense during the term of this Contract, type and amounts described below and in Coverage and Limit Requirements. T.E. Roberts, Inc. 1131 E. Main Street, #201 Tustin, CA 92780 714 - 669 -0072 714- 200 -0241 Fax tor's indemnification of City, and rip or to III obtain, provide and maintain at its own a policy or policies of liability insurance of the a form satisfactory to City. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 24 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self - Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or anv other term. covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFIC E ITY ATTORNEY Date: (N ( v Lennie Mulvihill Assistant City Attorney ON)? ATTEST: II` II Date: 9 ap;� 9, *Ww� Leilani I. Brown City Clerk M CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chart( r City Date: / By: Michael F. Henn Mayor T.E. ROBERTS, INC a Calif rnia Corpora io By: (Corporate Officer) Title: President Print Name: Timothy Roberts Date: 1 -1 By: GP)4— (Financial Officer) Title: Secretary Print Name: Kimberly J. Roberts Date: "I -tI -ll i State of California > CALIFORNIA ALL - PURPOSE County of INlhl l(AC ) CERTIFICATE OF ACKNOWLEDGMENT I �, 1 On �'I ��II before me, 6' l �. ��GT1 , IVl7flL��{ 2w is ((here insert na a and title of then icer) (� personally appeared TImr�f �bCjY'� Q,Y d 60h h6l"Ife, P Db!!jYl\� 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 I authorized capacity(ies), and that by his /her /their signature(s) on the instrument the persori or the entity upon behalf of which the person(s) acted, executed the instrument. I l I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KIM E. NEWETT COMM. #1879611 z Notary Public • California o WITNESS my hand and official seal. z &My orange County C omm. Expires Feb. 7, 2014' Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification titled /for the purpose Of Proved to me on the basis of satisfactory evidence: I� Lo forrn(s) of identification O credible .tnescrs) . -- Notarial event is detailed in notary journal on containing _ — pages, and dated Page # Entry # The signer(s) capacity or authority is /are as: Notary contact. ❑ Individual(s) Other ❑ Attorney -in -Fact 0 Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑ Corporate Officer(s) l Tltlelsl ❑ ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: _ representing Named of Gerson(s; or Ennty,ies) Signet ,& 8ep:esenlmg I I I Copynght'.00- Notary 8o6uy, Inc. 925 :vth 6c. Des aromes, IA 50112-3612 Form ACK03 10 /07 le a order' call WWI, o 1 -6'C- 399.6588 or visit us on the Intem,t at nip/ :. ::noZ.o } EXECUTED IN TWO COUNTERPARTS BOND #0498335 PREMIUM: $4,750 City of Newport Beach ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 BOND NO. 0498335 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is S 4, 750.00 being at the rate of $ 25/15 ner thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to T.E. Roberts, Inc., hereinafter designated as the "Principal ", a contract for construction of ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT, Contract No. 4775 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4775 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and INTERNATIONAL FIDELITY 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 Two Hundred Forty -Nine Thousand, Nine Hundred Eighty -Five and 001100 Dollars ($249,985.00) 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 rneaning, 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. 20 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8TH day of JULY 204-1% 11MQx L 4 R Obp 1 s T.E. Robert A, Inc. (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 233 WILSHIRE BLVD., SUITE 820 SANTA MONICA, CA 90401 _ Address of Surety (310) 395 -_7887 Telephone CHARLES L. FLARE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I State of California County of } ss. On before me, 4 t' Notary Public, personally appeared - GlY�oklti t �LobPi✓ _ —, —� 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. - KIM E. "WIT COMM. 01879611 = s Notary Public - California o Orange County n — + Comm. Expires Feb. 7, 2014 tr,e:,l l ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document _ Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee: Power of Attorney _ CEO I CFO ICOO _ President 1 Vice - President /Secretary /Treasurer Other: Other Information: 31 Thumbprint of Signer Checl, here If no thumbpr,,,l or fngerprinl js available. ACKNOWLEDGMENT see a- ached .................................................. ............................... State of California County of On _ Public, personally appeared SS. before me, Notary _,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ................................................ .............................., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Documen; in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witncsss(es) Capacity of Signer Trustee Power of Attorney _ CEO /CFO /COO President / Vice- President / Secretary 'Treasurer Other: Other Information: 32 Thumbprint of Signer ❑ cnac!. i:ere if no mumbpnnl or !myrrpnn! Is avatlaGlc CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7 -08 -11 before me, Jan C. Moran, Notary Public Data Here Mead Name and Title of Me Glficor personally appeared Charles L. Flake Name(s) of Signegs) r JAN C, MORAN 3 0 rr COMM. # 1789349 (J eue NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY n COMM. EXPIRES FEB. 17, 2012 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 (�$Mi C. 14 Signature w Notary Public 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(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IRIGHTTHUMBPFINr dF sIGNER .0. 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: "RIGHjTMUMBPRINT eFa51GNER 02007 Nallanal Notary ASwcialion•93W Da Salo AVe.,P.D.BOx 2402•Chatsnorlh,CA 91313-2402•waw.Na4onalNOtaryarg Item p6907 Reorder: Call Toll-Free t- 600 -8]6 -602] Tel (973) 624 -7200 INTERNATIONAL L IFgDELItTY INSURANCE CE (COMMA Y HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a cogrotation organized and existing laws of the State of New.lersey, and having its principal office in the City ot'Natark, New Jersey, does herchy constitute and appoint CHARLES L. FLAKE, RICHARD A. COON. DAVID L. CULBERTSON Anaheim, CA. its mie and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, at and all bonds and under rakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required and hermittetl b�, law, stature, rule regulation, contract or otherwise, and the execution of such insavment(s) in pursuance of these presents, shall be as bin mg upon to said INTERNATI NAL FIDELITY INSURANCE COMPANY, as fullv and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office, This Power of Aum ney is executed, and may bt revoked, pursuant to and by authority of Article 3- Sect10n 1, of the %Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February. 1974. The President of any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (I) To appoint Aunmeys -in -fact, and to authorize them to execute on behalf of the Company, and atmeb the Seal of the Company theiew, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorneyy is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Coin y pan adopted at a meeting duly called and held on the 29th day of April. 1982 of wbich the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or . any certificate relating thereto by facsimile. and any such power of attomey or certificate bearing such facsimile signatures or facsimile seal shall he valid and bmdmgg upon the Company and anc such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in [hc future with respect to anc bond or undertaking to which it is mmched. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal or be affixed by its authorized officer, this 16th day of October. A.D. 2007, SEAL `- � iso4 STATE OF NEW JERSEY .�` County of Essex. INTERNATIONAL FIDELITY INSURANCE COMPANY 1 On this 16th day of October 2007, before tie came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized. officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is iheCogxomte Seal of said Company: that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. `p•`•�VO U,g2Q %o, IN TESTIMONY WHEREOF, I have hereunto ,,el in.) hand affixed my Official Seal, GQ ' ......... & at the City of Newark. New .lersey the day and year first above written. 9 a•ha A NOTARY PUBLIC OF NEW .TERSE]' CERTIFICATION My Commission Expires March. 27. 2014 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have competed the foregoing copy of the Power of Attorney and affidavit, and die copy of the Section of the By -Laws of said Company as set fbrth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY. and (fiat the same are correct transcripts thereof. and of the whole of the said originals, and that the said Power of Anotnev has nut been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 8TH day of JULY. 2011. Assistant Secretary EXECUTED IN TWO COUNTERPARTS BOND 110498335 PREMIUM INCLUDED IN City of Newport Beach PERFORMANCE BOND ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT Contract No. 4775 BOND NO. 0498335 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to T.E. Roberts, Inc., hereinafter'designated as the "Principal," a contract for construction of ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT, Contract No. 4775 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4775 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, INTERNATIONAL FIDELITY INSURANCE COMPANY duty. authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty -Nine Thousand, Nine Hundred Eighty-Five and 001100 Dollars ($249,985.00) 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 time 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 Marne. In an arnount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be mixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, It is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 8TH day of JULY .2011. -n"m R nb6rAs T.E. Roberts, Inc. (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 233 WILSHIRE BLVD., SUITE 820 SANTA MONICA, CA 90401 Address of Surety (310) 395 -7887 Telephone CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT ................................................ ............................... State of California County of ors } as. On before me, Notary Public, personally appeared _. _,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that 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 - KIM E. NEWETT COMM. #1879611 i -� Notary Public California o Z Orange County M Comm. Expires Feh. 7, 2014 rscat) ................................................ ............................... 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 Idertification Paper Identification Credible Witness(es) Copacdy of Signer: Trustee Power of Attorney CEOICFOlCOO _ F'-, emclunt 1 Vice- President ! Socrelory 11 reasurer Other Othnr Information 35 Thumbprint of Signor _� U�umL;n;rt ar f:rv;,•m..ot ACKNOWLEDGMENT vvvv.ev vvvv v.. nvev men vn.vv.vv..v...vv..v.vvvmmm • vanvvmvvvvv vvvnvv a.....vv v...... State of California County of __ On Public, personally appeared ss. before me, Notary —.--.--.who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature�� (seal) vevveeeveem .e.........v.vvv.......v.v.vem. .....emvv.v. m ..................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) C spaclly of Signer ___Trustee c Power of Attorney CEO / CFO 1 COO _ President/ Vice - President,/ Secretnry/ Treasurer Other: Other Informatirm: 36 Thumbprint of Signer u c liec" lwre tl tic) thurnbngnt or lingerinRit :5 awailabie. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange j On 7 -08 -11 before me, Jan C. Moran, Notary Public Dal. Here Insert Name and Title Of the 011lcer personally appeared Charles L. Flake +i •. JAN C. MORAN COMAt. a<1789349 NOTARY PUBLIC- CALIFORNIA In ORANGE COUNTY n oe ` COMM. EXPIRES FEB. 17, 2012 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 se /al. Signature Pl.Ce Notary Seal Ad.rr signature.1 Nalary Public 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(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;RIG HT�THUMBPRINT OF SIGNER_ Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHFTHUMBPRINr. OFSIGNER 02007 National Notary Association- 9350 be Soto AVe.,P.O. BCx 24g2•Chalm.rlh,CA 9131 &2462•www.NaponalNazryorg hem p59d]Reortlec CeII7.IFFree1- Bg6- 8]6.662] Tel (973) 624 -7200 INTERNATIONAL FIDE L= INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER. 20TH. FLOOR NEWARK., NEW .JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE CONIP.ANY, a corporation organized and existing laws of the State of New ,Jersey, :and having its principal office in the City of Newark, New Jersey, does heretic constitute and appoint C14ARLES L. FLAKE, RICHARD A. COON. DAVID L. CULEERTSON Anaheim, CA. its true and lawful attorney(s)-in -fact to execute, .seal. and deliver for and on its behalf as suito , an and all bonds and undertakings. contracts other writings obligatory the nature thereof. which are or may be allowed, required or erinit d by law, stature, rule, r%lation, contract the execution of such insnument(s) in pursuance of these presents, shall be as bind nq upon the said INTERNATIUNAL FIDELIT COMPANY, as fully and amply, to all iments and purposes. as if the same had been duly executed and acknowledged by its regularly elec principal office. This Power of Auxa ny is executed. and may be revoked, pursuant to and by authoriy of Article 3- Section 3 of the By -Laws adopted by the Board of Directors INTERNATIONAL FIDELITY SI.UTANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President m any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf' of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2)'fo remove, at any time, any such attorney- in -fac[ and revoke the uuthorig' given. Further, this Power of Attolne} is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at meeting duly called and held on the. 29th day of April. 1982 of which the following is a true excerpt. Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindingg upon the Company and any such power r so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate sea[ to he affixed by its authorized officer, this loth day of October. A.D. 2007. SEAL v 904 STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY On this loth day of October 2007, before me came the individual who executed the preceding instrument, to me ersonallpp known, and, being by me duly sworn, said. die he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSLIRA�CE COMPANY; that Wu seal affixed [o said instrument is the Corporate Seal of said Company: that die said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. VV VAZ Q'%, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal. ;'Gp •.••7q G ''., at the City of Newark. New Jersey the day and. year first above written. G1. 000liCo ' "0vOF NE`N Sa`",4 A NOTARY PUBLIC OF NEW JERSEY Sri " "••^ "�� CERTIFICATION My Commission: Expires March. 27, 2014 1, the undersigned officer M' INTERNATIONAL FIDELITY. INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attraney and affidavit. and the copy of die Section of the By -Laws of said Company as set lbi th in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICH OF SAID COMPANY, and dun the same arc correct transcripts thereto', and of the whole of the said originals, and that the said Power of Attorney has not been revoked and ..is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 8TH day of JULY, ,2�001�1.� Assistant Seec'retmy ACORD, CERTIFICATE OF PRODUCER 949,756.5730 FAX 949.756.5740 Spectrum Risk Mgmt. & Insurance Services CA Lic. #OC77485 74 Discovery Irvine, CA 92618 INSURED T.E. Roberts 1131 E. Main Street Suite 201 Tustin, CA 92780 COVERAGES LIABILITY INSURANCE DATE IMMIDDIYYYY) 07/05/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA: Travelers Indemnity Co. of CT 25682 INSURERB: Travel ersPropCasual tyCo. ofAmer 25674 NSURER C: INSURER D: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDNYYY POLICY EXPIRATION DATE JMMIDDNYYYj ' LIMITS P.O. Box 1768 Ne ort Beach, CA 92658 -8915 Wp GENERAL LIABILITY 4.22- CO- 8897NO75- TCT -10 09/01/2010 09/01/2011 EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL UABILITY PREMISES jEa ocourrence S 300,00 CLAIMS MADE OCCUR MED EXP(My one person) $ 5,00 A X PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,00 X POLICY PRO- ECT F1 LOC AUTOMOBILE LIABILITY BA- 8897NO75- 10 -CNS 09/01/2010 09/01/2011 COMBINED SINGLE LIMIT ANY AUTO acc (Eaident) S 1,000,00 X BODILY INJURY $ ALL OWNED AUTO$ A X SCHEDULED AUTOS Per person) X BODILY $ HIRED AUTOS X NON -OWNED AUTOS (Par accid¢nl) ) PROPERTY DAMAGE $ (Per acddent) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ EA ACC OTHER THAN _ $ ANY AUTD AUTOONLV: AGO $ EXCESS I UMBRELLA LIABILITY C P- CUP- 8897NO75- TIL -10 09/01/2010 09/01/2011 EACH OCCURRENCE $ 5,000,00 X OCCUR EI CLAIMS MADE AGGREGATE $ 5,000,000 $ B $ DEDUCTIBLE X RETENTION $ 10,00 $ WORKERS COMPENSATION 4TJUB- 8897NO7 -5 -10 09/01/2010 09/01/2011 X w A U TORY LIMITS I I ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,00 B ARTNENEXECUTIVE My PROPREETOW[:] E.L. DISEASE - EA EMPLOYEE S 1,000,00 OFFICENMEM ER EXCLUDED? (Mandatory in NH) I1 yyes. Oeeon eunder SPECIAL PROVISIONS EeIma - —' - -" E.L. DISEASE - POLICY LIMIT - —"' -- $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: St James Rd. /Kings Place Water Main Replacement Contract No 4775 ity of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers re named as additional insured with primary wording as required by written contract per CGD246 08/05. ontractual Liab is included in C00001 10/01. WC Waiver of Subrogation applies as required by written ontract Per WC99037600- 001. *10 day notice of cancellation will be sent for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2009101) U 1988 -2009 ACURD CORPURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Newport Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Public Works Department REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �^r P.O. Box 1768 Ne ort Beach, CA 92658 -8915 Wp Victor Farfan /CORINN ACORD 25 (2009101) U 1988 -2009 ACURD CORPURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 CG D2 46 08 05. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance' to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", 'property damage' or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance', the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance'. This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury', 'property damage' or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and Supervisory, inspection, architectural or engineering activities c) The insurance provided to the additional insured does not apply to "bodily injury or 'properly damage' caused by 'your work' and included in the 'products- completed operations hazard" unless the "written contract requiring insurance' specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury' or "properly damage' that occurs before the end of the period of time for which the "written contract requiring insurance' requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance' specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers (hat person or organization as a named insured for such loss, and we will not share with that "other insurance'. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such 'other insurance'. 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the occurrence" or offense. b) If a claim is made or "suit' is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the dale received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit' to any provider of "other insurance' which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 08 05 �y ,w. TRSAVEEERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICYNUMBER: (9TJUB- 8897N07 -5 -10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Gr,TEOr-fSSUE: n,9 -02 -1n STASSIGN: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/7/2011 Dept. /Contact Received From: Shama Date Completed: 7/7/2011 Sent to: Jocl By: Company /Person required to have certificate: T.E. Roberts 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity B. AM BEST RATING (A -: VII or greater): A +: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1 M or greater): What is limit provided? 1$1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes FX No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes FNo G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes OX No H. 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 OX I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Endeavor Wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity B. AM BEST RATING (A-: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Endeavor Wordin_, 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Co. B. AM BEST RATING (A-: VII or greater): A +: XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes OX No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes FX No IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: ,�.�J�f_..:ee.�tr'.+••�✓ .July 7. 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach --------------------------------------------------------------------------------------------------------------------------------------------------- Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT CONTRACT NO. 4775 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 4775 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @r0t)elue, &U`J1y1/t° Dollars and 13.tr0 Cents $ 12100Q,- Per Lump Sum Lump Sum Traffic Control @ Ca1P. =�qoU :SfI od Dollars and Z6t✓0 Cents $ 1 Per Lump Sum 3. Lump Sum Surveying Services @ OX_51<eaad_Dollars and 7 P try Cents $ 1� ON) Per Lump Sum PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE n H FA 0 Lump Sum Remove Interfering Portion of Existing Water Main @-N *011 Dollars and '/ f1rD Cents $ t • nt�o,_ Per Lump Sum 50 L.F. Remove and Construct PCC Rolled Curb and Gutter @ Dollars and Cents $ �� $ 'L, 60D,— Per Linear Foot 300 S.F. Remove and Construct 8" Thick PCC Cross Gutter and/or Spandrel @ SL(6n Dollars and Nir1P- 1�1—�iUP ce� $ �.q5 2 3SS,— Per Squa(e Foot Cents $ 350 TON "T" Trench AC Paving @ G1P %llli�( i� 1ifi�Dollars and ZZ�O Cents $ 50,— Per Ton 2,000 L.F. Construct 6" PVC Water Main @ Dollars 'f and - NwI112� —�lU Cents Per Lineal Foot 12NNIING all ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 49 E.A. Remove Existing and Install 1 -inch Water Service and Meter Box @- YIf1 f) &? Y Dollars and L6-D Cents $ ; $ Uq,10O1- Per Each 10. 2 E.A. Reconnect 2 -inch Water Service Lateral @'fINJ) toilSaod_DoIIars and - 2evT) Cents $ 2 baD,� $ Per Each 11. 8 E.A. Install 6" RW Gate Valve @ o1e,-Yhou'>" fVVf- ktI i� Iars and 2 Ol/i) Cents Per Each 12. 3 E.A. Remove Existing and Construct Fire Hydrant Assembly and Cents $ 6,WD, $ ID, 40b,— Per Each 13. 1 E. A. Remove and Replace Existing Sewer Lateral and Cents Per Each $ 1,300' $ I4?, PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum Pressure Test, Disinfect and Flush Water Main (a��- �('IDUS�l1� b11Gi1ollars �Y1 and 110 o Cents Per Lump Sum 1 S Lump Sum Traffic Striping @� 4, hl 1*96ollars and ZPXD Cents Per Lump Sum 16. Lump Sum As Built Plans @Ten Thousand Dollars Zero Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Cents (o21 -1I Date r11� 66q-VE 1; 114 UO-M4 I Bidder's Telephone and Fax Numbers 605W 8 & Bidder's License No(s). and Classification(s) and Cents M. 11 $ 10,000.00 —' Total Price (Figures) i.E. RnberA-s der -c Prt'Siri�n�- Bidder's Authorized Signature and Title 1131 E. Main aV—.6f &hf, 2DI,TRIO (A of 2I ga Bidder's Address Bidder's email address: i rD%�t" i Ski kP.Yt�b>✓rf5l nG. Com 6 -7 TIME OF COMPLETION 6 -7.1 General M i 1 1 2 7 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MASTER FORMAL CONTRACT CONTRACT NO. 4775 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General M i 1 1 2 7 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.6 Street Sweeping Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1.2 Concrete Specified by Class 12 201 -2 REINFORCEMENT FOR CONCRETE 12 201 -2.2.1 Reinforcing Steel 12 SECTION 207 PIPE 12 207 -9 IRON PIPE AND FITTINGS 12 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 12 207 -9.2.2 Pipe Joints 13 207 -9,2.3 Fittings 13 207 -9.2.4 Lining and Coating 13 207 -9.2.6 Polyethylene Encasement 13 SECTION 214 PAVEMENT MARKERS 14 214 -4 NON - REFLECTIVE PAVEMENT MARKERS 14 214 -5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302 -6.6 Curing 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 15 303 -5.1.1 General 16 303 -5.4 Joints 16 303 -5.4.1 General 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 16 303 -5.5.4 Gutter 16 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 16 308 -1 GENERAL 16 SECTION 310 PAINTING 18 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment and Spotting 310 -5.6.8 Application of Paint SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT 18 18 18 18 19 19 R CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4775 11,114190 63 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. W- 5330 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of but not limited to distributing notices to affected residents, traffic control, removing interfering portions and abandoning in place existing water facilities, furnishing and installing new water mains, water services, fire hydrants, valves, fittings, waste water lateral & other appurtenances and restoring of all affected surface improvements, and other incidental items of work to complete the project." 2 -9 SURVEYING 2 -9.3 Survey Service. 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. 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 SP2OF19 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. 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 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SP3OF19 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the P paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3432. SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for SP4OF19 approval a minimum of five working days prior to commencing any work. 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 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4`h, 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 25`h (Christmas), and December 315` (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondq is a holiday. If January 15` July 4`h, November 11t" December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 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 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall SP5OF19 pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 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." 6 -11 SEQUENCE OF CONSTRUCTION A. Work shall be phased in 3 phases: 1. St. James Road from 15th Street to Kings Place. 2. Kings Place from 1.5'" Street to St. James Road. 3. St. James Road from Kings Place to end of job. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." SP6OF19 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching 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 -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. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP 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 SP7OF19 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3):" 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. 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. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 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 SP8OF19 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." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each SP9OF19 block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDWAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan SP 10 OF 19 and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 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 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 Remove Interfering Portions of Existing Water Facilities and Abandon in Place: Work under this item shall include all removals of existing water mains, fittings, coupling and thrust blocks from water facilities that interfere with the location of the proposed facilities. All valve box and covers from the abandoned portion of the existing water main shall be removed and the improvements replaced to match existing surrounding conditions. All water facilities not interfering with the proposed facilities shall be abandoned in place. Item No. 5 Remove and Construct P.C.C. Rolled Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, subgrade compaction, reconstructing curb openings of existing curb drains, constructing P.C.C. rolled curb and gutter, re- chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 7 "T" Trench AC Paving: Work under this item shall include constructing 4 -inch thick asphalt pavement trench of water mains and services (5' minimum width for main and 3' minimum width for services) per applicable portions of CNB STD 105 -L -B, including but not limited to pavement removal, compaction, placing permanent AC Pavement, and all other work necessary to construct trench resurfacing complete and in place. SP 11 OF 19 Item No. 8 6 -inch PVC, C -900 (Class 150) SDR 18, Water Main: Work under this item shall include installing all pipe material including, but not limited to, pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, shoring, bracing, temporary patching or trench plates, control of ground and surface water, bedding, backfill; compaction, installation of pipe, fittings, couplings thrust blocks, potholing of all existing facilities, connections to existing facilities, removal, abandonment or protection of interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposal of excess excavation materials and all other work items as required to complete the work in place per CNB Std- 106 -L. Item No. 9 Remove Existing and Install New 1 -inch Water Service and Meter Box and Cover: Work under this item shall include removing existing service and install new 1 -inch water service in accord with the CNB STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavation materials, installation of a new meter box and cast iron traffic cover, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions per CNB STD 105 -L. Item No. 10 Reconnect Existing 2 -inch Water Service Lateral: Work under this item shall include reconnecting existing 2 -inch water service in accord with the CNB STD - 502 -L, including but not limited to exposing utilities in advance of work, trench excavation, temporary patching or trench plates, control of ground and surface water, disposal of excess excavation materials, and all other work necessary to install the water service complete and in place. The existing surface improvements shall be restored to match existing conditions per CNB STD 105 -L. Item No. 11 6 -inch Class 150 Resilient Wedge Gate Valve: Work under this item shall include installing a 6 -inch Resilient Wedge Valve stainless steel trim in accordance with CNB STD -508 -L including, but not limited to, valve box and cover and valve extension and all other work items as required to complete the work in place. Item No. 12 Fire Hydrant Assembly: Work under this item shall include installing a new fire hydrant assembly in accord with CNB STD - 500 -L, including but not limited to fire hydrant (standard style wet barrel AVK 2470 with Flow Guard II Bi- Directional Hydrant Check Valve), fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD-1 80-L and all other work items as required to complete the work in place. Item No. 13 Remove and Replace Existing Sewer Lateral to Property Line: Work under this item shall include removing existing lateral and installing new sewer lateral in accord with CNB STD - 405 -L, including but not limited to, sawcutting and removal of surfacing (AC) exposing utilities in advance of work, excavation, temporary patching or plating, bypassing or sewer flow as required, connection to existing sewer lateral and making adjustments to the lateral on the private side of the property line, SP 12 OF 19 control of ground water or surface water, backfill, compaction, final trench resurfacing and all other related final surface improvements, pre- and post installation CCTV inspection, disposal of excess excavated materials, and all other work necessary to construct sewer lateral complete and in place. The existing surface improvements shall be restored to match existing conditions per CNB STD 105 -L. Item No. 14 Pressure Test, Disinfect and Flush Water Main: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water mains per the project specifications. Item No. 15 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 16 Provide As- Builts Drawings: 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 prior to request for pay. Payment for this item is set at $10,000. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids SP 13 OF 19 207 -9.2.2 Pipe Joints. Add to this section, "All flanged pipe joints shall be joined utilizing type 316 Stainless Steel nuts, washers and hex -head bolts. Gasket shall be full- faced, cloth reinforced Buna -N rubber. Flex and Transition coupling used to join pipe in water main construction shall have all threaded parts and joining hardware fabricated from Type 316 Stainless Steel. Pipe hardness assemblies, valve and fitting restraints and shackle -clamp assemblies shall be joined utilizing Type 316 Stainless Steel all- thread rod, nuts, bolts and washers. Clamps, shackles and other hardware may be carbon steel or ductile iron where appropriate, but must be coated liberally with corrosion protective mastic compound. Bolted connectors fabricated from Stainless Steel shall have threaded parts coated liberally with an approved anti -seize compound. All bolted and threaded fasteners shall be manufactured in the United States of America and shall conform to the minimum requirements for strength, material construction and dimension as established by the ASTM and the ANSI Specifications. All Fasteners shall be accompanied by written certification from the manufacturer stating compliance with the appropriate specification. All mechanical joints shall be restrained joints." 207 -9.2.3 Fittings. Add to this section: "Water main fittings shall be manufactured in accord with AWWA 0110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. All flanged pipe and fitting shall be shop fabricated, not field fabricated. Adapter flanges shall be ANSI B16.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." 207 -9.2.4 Lining and Coating. Revise this section to read: "The internal surfaces of ductile iron pipe and fittings used for water mains shall be lined with a uniform thickness of cement mortar the sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron pipe fittings shall be coated with bituminous coating 3 -mils thick in accord with ANSI A 21.6 on ANSI A21.51." 207 -9.2.6 Polyethylene Encasement for External Corrosion Protection. Revise this section to read: "Ductile iron pipe fittings and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A 21.5). Wrap shall be loose 8 -mil thick polyethylene." SP 14 OF 19 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." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .gov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 9,700 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches ". SP 15 OF 19 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: `The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -62 -AR -4000. All cracks '/< -inch 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-Y2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch 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." 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 SP 16 OF 19 303 -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 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 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 be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree SP 17 OF 19 roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. 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. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SP 18 OF 19 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 reflectorized 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 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. 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 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 SP 19 OF 19 to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. 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." CITY OF IV I Mr nn nn NEWPORT BEACH City Council Staff Report Agenda Item No. 8 July 12, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644- 3311,sb adum @newportbeachca.gov PREPARED BY: Patrick Arciniega APPROVED: a 0, TITLE: ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT —AWARD OF CONTRACT NO. 4775 ABSTRACT: Staff has received construction bids for the St. James Road and Kings Place Water Main Replacement project and is requesting City Council's approval to award the work to T. E. Roberts, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4775 to T. E. Roberts, Inc., for the Total Bid Price of $249,985.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $37,497.00 (15 %) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. 12- nn, appropriating $105,000.00 from unappropriated Water Main Enterprise CIP Fund Reserve (Fund 510) to CIP Account No. 7511- C6002009. FUNDING REQUIREMENTS: With the approval of the recommended budget amendment sufficient funds will be available for award of this contract. Account Description Account Number Amount Saint James Road Water Main Replacement 7511- C6002009 $ 305,000.00 Total: $ 305,000.00 ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT — AWARD OF CONTRACT NO. 4775 July 12, 2011 Page 2 Proposed uses are as follows: Vendor T.E. Roberts, Inc. T.E. Roberts, Inc. GMU Geotechnical Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Printing & Incidentals Total: Amount $ 249,985.00 $ 37,497.00 $ 16,000.00 $ 1,518.00 $ 305,000.00 At 10:00 A.M. on June 30, 2011 the City Clerk opened and read the following bids for this project: BIDDER Low T. E. Roberts 2nd Paulus Engineering, Inc. 3`d GCI Construction, Inc. 4`h D. M. Kisling 5`h Doty Bros. Equipment Co. TOTAL BID AMOUNT $249,985.00 $262,745.00 $285,900.00 $442,510.00 $476,140.00 The low total bid amount is 14 percent below the Engineers Estimate of $290,000.00. The low bidder, T.E. Roberts, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. Staff expedited the design of this project because there have been several main breaks in this line over the past 3 years. Two of the main breaks have occurred in the past 6 months causing significant property damage. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, traffic control, removing interfering portions and abandoning in place existing water facilities, furnishing and installing new water mains, water services, fire hydrants, valves, fittings, waste water lateral & other appurtenances and restoring of all affected surface improvements, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. ST. JAMES ROAD AND KINGS PLACE WATER MAIN REPLACEMENT —AWARD OF CONTRACT NO. 4775 July 12, 2011 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (b) Class 1 (b) (repair, replacement of existing publicly -owned utilities) 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). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to residents within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to residents two days before work will start adjacent to their property. Submitted by: Attachments: A. Project Location Map B. Budget Amendment City ®f Newport Beach NO. BA- 12BA -001 BUDGET AMENDMENT 2011 -12 AMOUNT: $1os,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations in the Water Capital Fund to cover the costs associated with the contract award to T.E. Roberts, Inc. for the St James Road and Kings Place Water Main Replacement project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 510 3605 Water Capital Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: lyl ,G Financial p royal: Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $105,000.00 " Automatic $105,000.00 Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7511 Distribution & Piping Account Number C6002009 St James Rd /Kings PI Water Main Replace Division Number Account Number Division Number Account Number Division Number Account Number Signed: lyl ,G Financial p royal: Administrative Services Director Signed: Administrative Approval: City Manager Amount Debit Credit $105,000.00 " Automatic $105,000.00 Date Date Signed: City Council Approval: City Clerk Date