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HomeMy WebLinkAboutC-6270 - 2015-2016 Tidegate Improvement ProjectDecember 13, 2017 Paulus Engineering, Inc. Attn: Jason Paulus 2871 E. Coronado Street Anaheim, CA 92806 Subject: 2015-2016 Tidegate Improvement Project — C-6270 Dear Mr. Paulus: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx newportbeachca.gov On December 13, 2016, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 14, 2016 Reference No. 2016000635831. The Suretyforthe contract is North American Specialty Insurance Company and the bond number is 2208609. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EkECUTED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2208609 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,429 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for removing existing tidegates; furnishing and installing new tidegates; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Eight Thousand Seven Hundred Ten Dollars and 00/100 ($168,710.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Paulus Engineering, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has ben duly executed by the Principal and Surety above named, on the 11TH day of WCH ,20 16. PAULUS ENGINEERING. INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DR., STE. 850 SANTA ANA, CA 92707 Address of Surety (714) 550-7799 Telephone APPROVED AS TO FORM: CITYATT�Y'S OFFICE Date: �M By: `C/./" I `VC, Aaron C. Harp City Attorney Agent Signature CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On March 11, 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal. cvtllNiq d. vgLl NCta MaCemml$elen M 2127282 NotaryPublic -California Now Orange County Signature of Notary Public (Notary Seal) Comm. ire$ Oct 15, 2019 F.1 1)1)11 CqQ/_\ Q1131YCe)U;11 A ICI TIRMI I:V IfOWI DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers, CEO, Pres/Sec Partner Attorney -In -Fact Trustee Other CALIFC..NIA ALL-PURPOSE ACKNM _cDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3/11/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Names) of Signer(s) 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), ERIN A. SHERW000 and that by his/her/their signature(s) on the instrument the Commission # 2118628 <'Qtt"2person(s), or the entity upon behalf of which the person(s) iNotaryPublic - California f acted, executed the instrument. Orange County J M Comm. Expires Jul 6, 2019 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 an official Signature Place Notary Seal Above Signal olary Public OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document fraudulent the form to document. and could prevent removal and reattachment of another Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): El Partner ❑Limited❑General El Partner ❑ Limited ❑General ❑ Attorney in Fact A ❑ Attorney in Fact Al ❑ Trustee 0 ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Altomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9i6 of May, 2012: `RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attomicy named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" - a�omnmrcuu� `�bd`�,NUTy/ //P/G awnwwnx�y yyii ?Fa By Stewa P.Andmnn,8mi0r Vae P$eddenl ofWUMnatoulvmmadonallusunvle Company s i=+ ta13 pbw;:m a81.10,Vlm P.dd..1dNarla Amulnv SpeeLlry losoravee Company `W '2irb0N : RriS�e m/iu°unmalos y DavM M.Laymen, Ylce Ruldntol Wssbineto.Intlr.u1lp.el lvmnnco Company �s��w0� & Vlm NWdmt Or North American Spml.hy Imunnee Campany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl1th day of July 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as, On this 17th day of July 2014 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. /� A DONPIA�D.SKLENS Notary. Public, State of Illinois Donna D. Sklens, Notary Public hf Comaiisrkai Pa lmY,10A16(015. I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisllth day of March 20 16. lemaY Goldbw6Vim Pruidcnt &Alnvlm� 8mmtaryof WuhinDon Inumalianal Ivauranm CwnpmY & No,W Amedmn Spmiahy Insure,ws Company &16i,vdi, IfcnY wtTi/, A1PLfC4n,, 0n1 9,f-00 Ax ifnJL 6.455e5 �aMnu aN e4Lu2na/L N° 6436 caEnn. Team i/em¢cE STATE OF CALIFORNIA rtarsc. DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority Tate Is ro Czararr, That, pursuant to the Inmrance Code of the State of California, North American Specialty insurance Company of Manchester, New Hampshire , organized under the laws of New Hampshire , subject to its Articles of Incorporation or Other fundamental organizational documents, is hereby authorized to tMM, within this State, i sublets to 011 provisions of this C,41fi�aste, the fallowing clauses of fssuranee: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Aircraft as such classes are now or may hereafter be defined In the Insurance Laws of the Sots of Culifomto. Tres Ceimnnrz is expressly condfiford upon the holder hereof now and hereafter being in full compliance with all, and net in violation of any, of the applicable laws and lawful requeremenis Mile under authority of the lava of the State of California as long as such luau or raquira is are in effets and applicable, and as such laws and requirement, now are, or may hereafter be changed or amended. Its Wrmsss Walnzor, affective as M the._ 23rd ._dag of December , 19 —9—' 1 have hereunto sat My hand and caused my official seal to be affsxed this_ I lyd _ day af- Becembec 19 -96 , BY actor Of State must be mmOmplubed se rsqubed by the. Ely Prempdy after im"Ous of ab CertIScme of Authority, hlBnre w do so will be a vbiedm, of Ina. and wN be pmunds for rewkine thu Caz fau,, of Authority parsuu, to ,* covenants made In therefor ead Na coodainn contained banns, z. 701 mums February 17, 2017 Paulus Engineering, Inc. Attn:Jason Paulus 2871 E. Coronado Street Anaheim, CA 92806 Subject: 2015-2016 Tidegate Improvement Project C-6270 Dear Mr. Davenport: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov On December 13, 2016 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 14, 2016, Reference No. 2016000635831. The Surety for the bond is North American Specialty Insurance Company and the bond number is 2208609. Enclosed is the Labor & Materials Payment Bond. Sincerely�`�f' Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2208609 LABOR AND MATERIALS PAYMENT BOND PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for removing existing tidegates; furnishing and installing new tidegates; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Eight Thousand Seven Hundred Ten Dollars and 001100 ($168,710.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Paulus Engineering, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 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 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 11TH day of MARCH 2016 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DR., STE. 850 SANTA ANA, CA 92707 Address of Surety 714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATT R EY'S OFFICE Date: % By: 5 \ yl V '— Aaron C. Harp vv,,n aaiMI City Attorney CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page A-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On March 11. 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my„hand and official seal. CYNTHIA J. VALENCIA U Commission #2127262 Notary Public - California = LT % ' Signature of Public (Notary Seal) Onmpe CountyComm. rag Oct is. 2o19 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers, CEO, Pres/Sec Partner Attorney -In -Fact Trustee Other MIA ALL-PURPOSE ACKNOV,. _cDGMENT FA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3/11/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Nolary exactly as it appears on the official seal personalty appeared Charles L. Flake Name(s) of Signer(s) OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal anr3 reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): El Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 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), ERIN ASHERWOOD and that by his/her/their signature(s) on the instrument the COmrnkeion * 2116628 person(s), or the entity upon behalf of which the person(s) i.'� Notary Public - California Q acted, executed the instrument. Orange County r rn comm. Expires eul6.2019 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 anAofficFal sal. Signature Place Notary Saal Above Signatu otary Public OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal anr3 reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): El Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE. and LEXIS SHERWOOD Y OR SEVERALLY Its trueandlawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty insurance Company and Washington International Insurance Company at meetings duly called and held on the 916 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." Irl:' SEAL n=By Swre.P.efs. Andn,S .,Vkeftndem .fWuhl„gtovl.kmatl...11vmr.aeeCompany a5 gEq�r`�`*,- S 1973 �y'n— a3.dor Y,ce Prev.WN.dh A,.Wm. SpW.W I.... Cmnpany OI• m: nmmse BY Ded M. Lrymaa,Vke I'ruldmt of WWIngtaq Inkr*MWnm t tune Coww A ”. P Wd.l WN.m Ameeken 9,MQy lwwan.e C.mpaay IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Comany have . caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this17th day of Com y 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois 'County of Cook as: On this 17th day of July, 2014 , bofore me, a Notary Public personally appeared Steven P Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OPFk:fAI,SEAL" DONNA D. SKLENS Notary P011c,State ofMinois Donna D. Skims, Notary Public 4Cm aiissioo& ires:10/A W15 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, i have set my hand and affixed the seals of the Companies this1lth day of March 20 is , Ww N G.I .J Viw hesNwt aAxwmt A.M. Weshmgkn kumativnal humemeCompany a North Amerlwn SPe.iJty]na,anucompmy STATE OF CALwomiei DEPARTMENT OF INSURANCE SAID FRANCISCO Amended Certificate of Authority MJbrWdL -5C/ r t✓,T6F Ax 4002 Cca5se5 �amnbM ehtll,ea. udht� N4 6436 caeo„ Tena f t/e.r, �tE dlisc. THU to m C® . That, pursuant to the lnmerenoe Code of the State 01 CakfornW, North American Specialty Insuranco company of Manchester, HeW Hampshire , argant=d undo the Is= of New Hampshire ,x,blect to Its ArNelee of lntotpomttan or Other fundammaal organtmtlomal documents. L heroby authorized to tntnmat rotthim this State, mblea ro all proul0ont of th4.Certl(oate, the followeng classes of fasumrwa: Fire, marine, Surety, Disability, plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Surglary, Sprinkler, Automobile, and Aircraft at Such dame, are now or may hereafterbe defined In the 1,, mince Law, of the State of Cahfemis. Tw; Cea trrmrs is arprnrly candatmed upon du holder hereof two mid hereafter beteg in full comptiaue tWh all, and not in violation of any, of the appneoble Ime and lawful requirements made under authoAfy of the law of the State of Califorotu ar long a, such law or mgdrm u me on, In effect and applicable, and ae such low and requlramenta now are, or may hereafter be changed or amended. lm wrtNrss Wsmteoe, effecNoe as of the tl rd day of omcenbe_ r 19 9fi, 1 have hereunto m i my official rad to be a&ed this --L3 rd ._ ber 1896 rwe�a u tequued by the b d... will M a vb6tlav M meant to dm m>vmenu meds A,, Document -2490791 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder pp NO FEE x$ R 0 0 0 8 9 2 7 4 8 6$ 20160006358314:10 pm 12114116 217 405 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" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Paulus Engineering, Inc., Anaheim, as Contractor, entered into a Contract on March 8, 2016. Said Contract set forth certain improvements, as follows: 2015-2016 Tidegate Improvement Project C-6270 Work on said Contract was completed, and was found to be acceptable on December 13, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Companv. BY Public Works erector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on UG[%�lwh tN�Y at Newport Beach, California. m about:blank 12/14/2016 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Paulus Engineering, Inc., Anaheim, as Contractor, entered into a Contract on March 8, 2016. Said Contract set forth certain improvements, as follows: 2015-2016 Tidegate Improvement Project C-6270 Work on said Contract was completed, and was found to be acceptable on December 13, 2016 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. BY Public Works irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. jj����ff� ����(( n� Executed on U�iL w A /Plow at Newport Beach, California. M CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 2:00 PM on the 23rd day of February, 2016, at which time such bids shall be opened and read for 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 $ 196,000.00 Engineer's Estimate Approv%e�d� by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings via PlanetBids: http://wvdw.planetbids.com/portal/po rtal.cfm?CompanylD=22078 Plans may be purchased from Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "A" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htip://Ile?Vportbeaclica.gov/goyernmenL`open-transparen Uonline- services/bids-rfps-vendor-registration CitV of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 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 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAUACKNOWLEDGEMENT....................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Hard Copy to be submitted directly to the City Clerk prior to bid opening) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) 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; Contractor shall also confrim via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date. The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date. Members of the public who would like to attend this reading may go to Bay E, 2"' Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared 3 with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)). 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. 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 b Contractor's License No. & Classification IDDODO DS%a /.�30 �� DIR Reference Number & Expiration date S c[iin C. - Bidder 4 BOND 117-B PREMIUM: NIL City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 107 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2015- 2016 TIDEGATE IMPROVEMENT PROJECT, Contract No. 6270 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, ft is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 12TH day of FEBRUARY AA , 2016. PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DR., 11850 SANTA ANA, CA 92707 Address of Surety 714-550-7799 Telephone Authorized Agent Signature SPENCER FLAKE, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal $ Surety must be attached) 5 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On February 12, 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand and official seal. CYNTHIA J. VALENCIA COmmiSSion #t 2127262 Notary Public • California LaOrange County Signature of Notary Public (Notary seal)Comm. ree Oct 15, 2019 t ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer X /Title President/Sec Partner Attorney -In -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 2/12/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) 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), ERIN A. SHERWOOD and that by his/her/their signature(s) on the instrument the commission a zttes29 U7._ person(s), or the entity upon behalf of which the person(s) ;t-, Notary Public - Calilornla : acted, executed the instrument. w{t Z orange County > NIX Comm. E Ires Jul s, 2019 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness m hand�nd officiayseaZ y Signature //� 4 -Place Notary Seal Above Sig OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document fraudulent the form to another document. and could prevent removal anc) reattachment of Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract m suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company end Washington International Insurance Company at meetings duly called and held on the a of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �pN11IIItlnIH// s7 Mynew a m?bb�tlk7f'�vp2E�oa 1//r([ryL`V(`/_ a6PNq<S"@o ;ts 6y SEAL ,�__ Steven P.Anderson, imSaloreVim PmtbAeulm.Spvalvv Insumne.Cempeney Cmvprvy a; SEAL &dmt Bmbr Via PreaidwlofNanh Amulpv 6prdrltyfnmrwa Campvny /b/IIIIIIIIaa11� By �ir44ti9sf!'�S^.-�..�—L.... De VAI Pr M. Wymae, Vlee etldo rr Wuble3reg Inlornenpml Inee.nce Cvmpvvy & Vim President ar North American apalelly Inmmue Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Com any have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of J y 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of July 2014 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, . Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power ofAttorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °bFFICIAl- -A- �DONNAD..SKLBNS Notary Pirbbe too of Illinois Donna D. Sklens, Notary Public M ComaiisrioeEs¢rcalO- -015 I, Jeffrey Goldberg .the duly elected Assistant Secretary o North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 12th day of February 20 16 relreny neldbua, Via Peesidevt aAn am, seetetary of Wmhfndmn Intuemineal Imvmme Cme my& NpM Amuian amcieh lmumeaC enpeny CitV of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. L/ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Frc 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. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If finaf amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site 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 ntractor's current financial conditions. —7-- C . n 1? Bidder Autho4zed Sianaturelritle / 12 Roger Betten ( Project Manager) Education: High School 12 yrs. Iowa State University 2 yrs. Iowa Land Improvement Contractors Survey Education 1 yr. Work Experience: Jensen Construction 1965 to 1969 3 yrs. Positions: Equipment Operator, Forman, Superintendent Type of Work: Installation of under ground drainage pipe for farm land owners approximate 250,000 feet per year. Equipment: Parsons 350 and 450 Trenchers, J.D. 310 & 410 Backhoes, J.D. 450 Dozer. Betten Construction Company Inc. 1970 to 1986 16 yrs. Position: President Type of work: Installation of under ground drainage pipe 700,000 to 1 million feet per year, design and install surface waterway drainage for farmland owners. Equipment: Parsons 450 Trencher, Fiat Allis 21B Dozer with mole, Fiat Allis 15 Dozer with winch, Fiat Allis 2 1 B with 14' blade, J.D. 450 backhoes, Multiple Truck Tractors with trailers. J.R. Pipeline Inc. 1986 to 1988 2 yrs. Heavy Equipment Operator Equipment: Cat. 235,225 & 245 Exc., Case Backhoes, Cat 966 loader, P&H Crane. Harbor Companies Inc. 1988 to 2000 12 yrs. Positions: Heavy Equipment Operator, Forman, Superintendent and Project Manager Equipment Experience: Mitsubishi 300 Exc., Cat. 225 Exc., Hitachi 400, 450 & 550 Exc. with concrete processor, Labounty UP20 and UP40, UB 5000# & 7000# breakers, Bobcat 486, with breaker, sweeper and buckets, Cat. 446 hoes with breakers, Ford 555, 655 & 755 backhoes, Cat. 950 & 966 loaders, Cat. Track loaders. Cat. Dozer. Job responsibility: Coordinate equipment and work forces for job application. Coordinate project scheduling with General Contractors. Coordinate abatement and cleanup of lead base paint from bridge demolition operations. General Contractors and Jobs: MCM Const. Co. Frwy. 5 and 91 intersection demo bridges Ball Ball & Brosmer Fwy 5 and Jamboree over pass demo Riverside Const. Co. Frwy 10 and Washington bridge Pahn Springs Kewitt Pacific Const. Alameda Corridor three tressel RxR bridge Removal over the L.A. River Hyperion Water Treatment Plant L.A. FCI Const. Co. Santa Clarita and Frwy. 14 Sand Canyon Brdg. Demo Ventura Frwy 101 and Rose Ave. Brdg. Santa Barbara and Hwy. 54 Frwy 99 and Merced River Brdg. Demo Atascadero Brdg. Disassemble Morrison -Knudson (Washington Group) Frwy. 10 and Central, Mountain Brdg. Demo Frwy 10 from Frwy 57 and White Ave road removal Norton Air Force Base Runway removals Kaiser Permanente 5 story parking structure demo in Santa Anna Pave Tech Const. Co. Frwy 5 from San Onofre to Ocean Side Paulus Engineering: 2000 to Present Position: Project Manager Job responsibility: Coordinate equipment and work forces for job application. Coordinate project scheduling with General Contractors and Owners General Contractors and Jobs: Snyder- Langston Builders Entertainment Center Frwy. 5 and 405 Shady Canyon Golf Course Irvine The Pike @ Harbor View Long Beach L.N.R. Warner Center in Woodland Hills OPUS West Constr. Co. OPUS Center Irvine II SHEA Homes Ladera Ranch 5 tracts Aliso Viejo 3 tracts Yorba Linda 3 tracts City of Walnut 1 tract Public Works Jobs Irvine Ranch in Irvine Garden Grove City of Riverside Walnut Valley Water District Rowland Water District City of Stanton 1 I° N ei N � e�1 v'1 1y � N M !'1 1-1 emi ed1 eQ1 pQ'1 eQ1 e4 edt N N aml ti H eQ1 N Qi N �y eM'I ei e'I ei 'i eNi eNi ei N „1 '1 24 w SMV m 01 nm 1D N mo M NMvm�1 n M 8i n an b M S n np nm N N nnNwe�u`Oi N N O0 .m+av a mnmN c N rvv� nmmm �N a moo v O M p N� N q y N o m N b T Op N d m N O1 N W n N m n n V 1O rtml N °Ni n m .b-1 M tbD 1-1 Om'1 V' rtml N n N n N W tNif N eQ1 m eN9 aN0 N N Q N n um1 ei N eV N M N ..1 N R 3 m 0 Y� S O N N app W 8S p� n m �O O W e1 N T 1� Ol N °I m �Olf ri ei VI Ol T OI m n C M 11'1 ei e1 tNYI N d O 01 RI m LD �O n T h M N Q O O N p w °1 M pn] a N n N d m N °I n b g M a� ei O b n 0 M N N b Q n n b ei M Q m N m m � N n N rl e1 N N N N N lND m N Q u°0i N N vNi N ti ei 1-I ei 1414 al .ti 4? rl 3' 1U O O n M Ml M M n N °1 M n n N M1 4C N N m n N d n n n M N M N O T N O M °1 N N S O1 S N N ei O N N °1 M1 y N N n b N Q m N ri m m m n O n M1 N °f 10 M O1 '1 n M M 01 N n N n b N n M1 n Mt n Q Q a m N T N n nT N N M n °o m Nn .i i:31yd � d tliNd 1b 1bdMd n1:11+ ddddJ,d uidam�MNd G n d y n d 1O d N d V1 1!f v N N 10 N d m d m n d 1V d N N T 1rt1 1V 1� q q pd1 .+r n cvi m Q.+Q m n m m r m Q a.+Q n n M m m o.� rn d n ov�nm rn b m m mae m d M mm o m m rnmmm rnmm�inmmmmodi nnmm m v o = c x a o aj 4 E$ _y cmu° 6o ga a „ N° r dY L m y z m e u1 !P ti c E g e a E a E a E E 5 v t y m C N ` m Y ^2 W o 6' 4>a F 3 U ii L t a m v a pE 10 E c = E bm g 9i ta/ E u a E O °t 3° 3 0 Yat 00 o `w m3 A O2 m c m O o 2 O2 Q O g 3 0 >• 3 0 0 0 0 0 0 3 t 3 v�=a3 0 H 6 1 a °: t'6 a.3 a N. z 2 y'3 ¢ "'3 3 �'z E =z V U V U6 W V Na tan U x li 1�i1 rJ U U v N > a a a r C C m = w 3 3a v a N E a w a v rz v is .a• m w E c s a 3° n d y ri c N a >> c a aswE«a'm E m a a E 3 —Ye z '� E � R V' Q E j o n 3 co 3 v y .`a• y m Y m v¢> c T y b a a w 31 gi E c Y ,ate �> a 3p1 E u `; n a m m o> a 3 ry ?i E H c' z u 3 u1 o Z• '�'o 09u3obzsiwazniuci1ncs"ax _ c a e 1O m a. z c o a@ 303 n u w 1 City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of n., v being first duly sworn, deposes and says that he or she is of Rd j u i r 7T., � , the party making the foregoing bid; that the bid is not rhade in the interest of, or on b6half of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of CaliF nia h; t t e foregoing is true and correct. uAIVS i/1,44 ,A///int [,n yC_ Bidder �AuthorizedZ�-" turelTiile Subscribed and sworn to (or affirmed) before me on thisday of/Na/✓ 12016 by _ed _J..s. _LI proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public [SEAL] 74,pj My Commission Expires: 13 JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Oranee Subscribed and sworn to (or affirmed) before me on this 23' day of Feb.. 2016, by Jason Paulus proved to me the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (Notary Seat ' CYNTHIA J. VALENCIA • Commiselon * 2127262 a a -®^ Notary Public - California z Orange County M Comm. EI arae Oet /5.201!!+ j OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description ofattacbed document) Number of pages: Document Date: (Additional Information) CitV of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 DESIGNATION OF SURETIES Bidder's name [a, 1K� n Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 14 DESIGNATION OF SURETIES Bidders name l uj.S 6)6Mj 664W 6 \N,5 - �� o mzYi c -A C1 A� �•��--1-'._R:Y� Vit. �JS� City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name C_ Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No. of contracts SY Z 0 l 1 Total dollar Amount of Contracts (in Thousands of $ No. of fatalities © 6 D p ro No. of lost Workday Cases O 0 V No. of lost workday cases involving permanent Q p o 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder uS r �6 Business Addres: s Business Tel. No.: (I/y) /,3 Z - 3 9�S State Contractor's License No. and Classification: Zy// Title er A— The above information was compiled from the records that are'available to me at this time and I declare under pen a�alty of perjury that the information is true and accurate within the limitations of thoseifecords. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 ACKNOWLEDGEMENT OF ADDENDA Bidder's name �u ;I SCC L . 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 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 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: N Name of individual Contractor, Company or Corporation: _ Business Address: Z 8 7 ( r Co - (o f/ Telephone and Fax Number:(. 2/(/) 17 - 2 9 ? S h/ 0 � 3 2 - California State Contractor's License No. and Class: Z///Y1-4 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1111116 Expiration Date: /r Iy P 11 W List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: — r,_ ,xt/,s'X.i 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 0 Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; 7 Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. M Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. IVs -);A C(i.AS Bidder �T —1, S (Print name of 0 ner r President of Corporation ompany) Title ' zl3/iG Date 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: g CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. 1 State of California County of Orange } On February 23, 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNEWyny hand and official seal. CYNTHIA J. VALENCIA r �5 Commtary z ission N 2127262 Na Public - California signature of Notary Public (Notary Seal) z Orange County n My Comm. Expires Oct 15 7' n 17710 CORM Rg7 yyCaJ�-m�1ai111Wy1j 0A DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officer x /Title President/Sec Partner Attorney -In -Fact Trustee Other City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder. • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 2015-2016 TIDEGATE IMPROVEMENT PROJECT CONTRACT NO. 6270 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 8th day of March, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and PAULUS ENGINEERING, INC., a California corporation ("Contractor"), whose address is 2871 E. Coronado Street, Anaheim, California 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing existing tidegates; furnishing and installing new tidegates; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps (the "Project' or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 6270, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Sixty Eight Thousand Seven Hundred Ten Dollars and 00/100 ($168,710.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Roger Betten to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Paulus Engineering, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 of seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jason Paulus Paulus Engineering, Inc. 2871 E. Coronado Street Anaheim, CA 92806 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Paulus Engineering, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a 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. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Paulus Engineering, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Paulus Engineering, Inc. Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Paulus Engineering, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Paulus Engineering, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, Paulus Engineering, Inc. Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Paulus Engineering, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: By: Aaron C. Harp CAA m.tvrhV City Attorney ATTEST: 3 Date:i/ By: oil- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation / Date: 1 CONTRACTOR: Paulus Engineering, Inc., a California corporation 0 Chie? Executive Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Paulus Engineering, Inc. Page 10 EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2208609 LABOR AND MATERIALS PAYMENT BOND PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the "Principal," a contract for removing existing tidegates; furnishing and installing new tidegates; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Eight Thousand Seven Hundred Ten Dollars and 001100 ($168,710.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Paulus Engineering, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seg. 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 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 11TH day of MARCH 2016 . PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 6 HUTTON CENTRE DR., STE. 850 SANTA ANA, CA 92707 Address of Surety 714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I� By: 5 \ Ul Aaron C. Harp (APA 031MItc City Attorney CHARLES L. FLAKE, ATTORNEY—IN--FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page A-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California i County of On March 11, 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rmand and official seal. CYNTHIA J. VALENCIA Commission 0 2127262 = Notary Public - California signature of ry Public (Notary Seal) OnrCounty Comm. Ex ni Ires Oct 15, 2019' ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Additional hrformation CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers, CEO, Pres/Sec Partner Attorney -In -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3/11/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears m the official seal personally appeared Charles L. Flake Name(s) of Signer(s) 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), ERIN A. SHERWOOD and that by his/her/their signature(s) on the instrument the a ' Commisalon # 2118628 person(s), or the entity upon behalf of which the person(s) Z Notary Public - California z acted, executed the instrument. Orange County + M Comm. Ex Ires Jul 6, 2018 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 ar Aoffic;ial seal. Signature Place Notary Seal Above Signature otary Public OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document fraudulent the form to document. and could prevent removal i reattachment of another Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAK$ RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Altomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required in permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any web Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be .binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," `�ComeY,lrTVr4rp ��YT luumeyp P. Andern,9wior V4e P By 51-6-7 _J • SPi4I Q= Steven avredtlem of Wuhlvgton lnlernaonet Co elmm�ace mWnY aiti 7879 u,�m ®9evlor Vice Pcoc1&9ofNodh Ameriean 9palvlrylvwrana Company 2�8dNr IST`\t0\` G)a �;t art, 01111111 By By J'_'_ David hL Laymvq VmPreddert orWvvhlvgtom lnmrnuWoollvmnnee Company An & Vice Pre0dat axon memSun specialty Ivurence Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl7th day of July 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of July . 2014 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Laymen , - Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ,n "OFPII'RAI, SEAL" �0,.,p},lC ,Z DONNAD..SKIENS Notery Public,Stateof Illinois Donna D. Sklens, Notary Public M CommiimioaAx lura: 10106(1015 I, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a one and correct copy of a Power of Attemay given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisllth day of March 20 16, loamy noldbe¢, Vico ProWent & Mainnot 9metvry of W.1tinjum Inmmatimal auunnce Company &NOM Acmieta Spmiatty Monanc, Company f%/V6rrudL 'ioiwT [.,�, Ts!' /PUur7to... ow 9-f-oo %2.L /kryJL LthSSE'S GrM.>7am e44{A,crG e.r.fh,t. N" 6436 CdfOrr/ STATE CP CAL1F'ORNIA iE 0 l�tetretE M(SG. DEPARTMENT Or INSURANCE SAN FRANCISCO Amended Certificate of Authority Tau Is re Cmx,Fr, That, pursuant to the Insurance Coda of the State of Calfforai:, North American Specialty insurance Company r of Manchester, Hew Hampshire , organized under the Is= of 14OW Hampshire , svbfact to its AnYds, of Incorporatfan or Other fundamental organizational document,, is hereby authorized to tmmad within this State, , subfed to all pmoutona of thir Certt(cate, the following lovas of insurance: Fire, Marine, Surety, Disability, plate Glass, Liability, Workers` compensation, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Aircraft W each classes are now or may hereafter be defined in the Inaursece Lav, of the State of California. Tess CanrtrxcAre 9 expressly conciftianod upon the hold" hereof now and hereafter being in full compliance with all, and not in violation of any, of file applicable hunt and lewful raqufms ntr made under authority of the laws of the State of Californte as long m such lava or requirements are in effect and applicable, and m such law, and requirements now are, or may hereafter be changed Or amended. JN WtiNs,s Wasumor, a$ectiae a, of the_ 23rd _17pU Of December , 19—L', I have hereunto sat my hand and emasad my official seal to be afjued this _??rd__ day of_ December 1096 BU of Stele Mort be accomplishad u requlred by tba Ca1Hommn,� promptly xBor usummO N this Cetudaw of AotLedty. Fall,ve m do w wfll be a rUwom of rM ami a 11 be grounds for rewk s thfs CeaiBata of Ambmuy pmum, to Na avewnta made to tharafor cad the aodfdom emhmed bmf, ra.. ecu Ybll E�kECU'TED IN TWO COUNTERPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 2208609 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,429 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Paulus Engineering, Inc. hereinafter designated as the `Principal," a contract for removing existing tidegates; furnishing and installing new tidegates; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Sixty Eight Thousand Seven Hundred Ten Dollars and 001100 ($168,710.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Paulus Engineering, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has ben duly executed by the Principal and Surety above named, on the 11TH day of �U&cH 20 16. PAULUS ENGINEERING, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY / INSURANCE COMPANY Name of Surety Au horized Agent Signature 6 HUTTON CENTRE DR., STE. 850 SANTA ANA, CA 92707 Address of Surety (714) 550-7799 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Paulus Engineering, Inc. Page B-2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of the document. State of California County of Orange } On March 11. 2016 before me, Cynthia J. Valencia, Notary Public personally appeared Jason Paulus who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal. CYNTHIA J. VALENCIA Commission N 2127282 iPj Notary Public - Cal"omla z Orange County Signature of Notary Public(Notary Seal) Acomm. fres Oct 1 S. 2019 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Title or description of attached document Number of pages Document Information CAPACITY CLAIMED BY THE SIGNER Individual Corporate Officers, CEO, Pres/Sec Partner Attorney -In -Fact Trustee Other CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 3/11/16 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Signer(s) 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), ERIN A. SHERWOOD and that by his/herttheir signature(s) on the instrument the 4 Commission # 2118828 persons or the entity upon behalf of which the person(s) (s), .. �. x=), z . , Notary Public CaliforniaCaliforQnia orange county acted, executed the instrument. ray comm. Ex Tres Jul 6, 2019 + 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 an official seal. Signature Place Notary Seal Above Signal aet' o ublic� OPTIONAL Though the information below is not required by law it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact M. ❑ Attorney in Fact ❑ Trustee ❑ Trustee • ❑ Guardian or Conservator ❑ Guardian or Conservator Toof thumb here 7thumb ❑ Other: ❑ Other: Signer is Representing:Signer is Representing: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, SPENCER FLAKE and LEXIS SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION {$50.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 091111lane, ag'.ppU�0.61TYn��� raQ''Ge�'dlllf,� B eWe IaNgt p� 43EALr�,.' ttYS3 $P%ll LtLc ���� 1W3 PAt�ji atevnP.Anderson, acMar Vice President of Weshlnawo lnternaaonellnsoreaee rampany a9enior Vice Preddeet orNaNeAmerican Sperlgrylnwnnca Cempeny Y9�r gni , �ayann s'%i.-....�.--- •.}l nmmea By ocm M.Leyman, Wee Prnideni orwe ineinn lnurwnonel lnsunnee Compeny & Vkv Preddeot or North American SymleaY Imueeett Cesnpany e IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Com any have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers thisl yth day of July 2014 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois -County of Cook ss: On this 17th day of July , 20_I4 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duty swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFMCLALSEAVI -0 A"AAA DONNAD.SKLENS Notary Public, State of Inb ots Donna D. Skims, Notary Public Af Coroaiiukri x ' ! :1000 15 I, Jeffrey Goldberg .the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisllth day of starch 20 16, - learoy Goldberg, Vice yresidms a Assieuns Secsehry or - Wssidnd�on lnuroetievl Waurerce Cempanya NaM Amaiuo Specieiry 7nsumnce Company 0�16WOL JFNr WrTaP A/Octctscm,.'W 1-5--00 Ak Arai CLe sses NY 6436 STATE OF CALIFORNIA. DEPARTMENT WINSURANCE SAN FRANCISCO Amended Certificate of Authority Tors Is go Orem x That, pursuant to the Insurance Code of the State of CaUfonMt, North American Specialty Insurance Company tferriwtom C4141a7c LrRfirL CkEOr r' Blim f (%2.vi OLE Nf1SC. of Manchester, New Hampshire , organized under the laws of Naw Hampshire ,subject to Its Articles of lncorporatlan a> Other Jundamental organizational doowmerds, is hereby authorised to banmct within this State, i sublets to all provisions of this Ce lVmsta, the following situate of insurance: Fire, Marine, Surety, Disability, plate Glass, Liability, Workers' Compensation, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Aircraft as such dosses are nine or rnav hereafter be defined in the Lsuranee Lahr of the Stat, of Caltfomia THss CeeT[rICAaS is expressly conditfoned upon the holder hereof now and hereafter being in full compflanee with all, and not in ufofatfon of any, of ilia appitaable law, and lawful regwirements made under authority of the laws of the State of Caltfanio as long as such laws or roquiramenis are in affect and appheable, and as such laws and requbemartts new are, or may hereafter be changed Or amended, IN Wrtimes Ws Fs e$edive as of pf December 19—M I have hereunto int my hand and emmod my oFirial said to be affixed thts? 3re__ day of December 19.L6 By of Stats must be eerompliabed . mgubed by the Califas� CmH .w of Aud'odty. F,Hare m do so writ lx a v.Uunu of rm and wHl be gmimda for r ldag ads Cowfied- of Authonty pusawmt m the oartmed, uredo M Bmeakr and the meadW. coobued horom wwi EXHIBIT C INSURANCE REQUIREMENTS - PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Paulus Engineering, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subroqation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed Paulus Engineering, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, sub- contractors shall provide additional insured coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Paulus Engineering, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Paulus Engineering, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/11/16 Dept./Contact Received From: Raymund Date Completed: 3/11/16 Sent to: Raymund By: Alicia Company/Person required to have certificate: Paulus Engineering, Inc Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16 included): Is it included? A. INSURANCE COMPANY: Wesco Insurance Company J. CAUTION! (Confirm that loss or liability of the named insured B. AM BEST RATING (A-: VII or greater): A:XHI is not limited solely by their negligence) Does endorsement C. ADMITTED Company (Must be California Admitted): include "solely by negligence" wording? ❑ Yes Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater) A:XII1 C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ❑ Yes ❑ No In WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16 A. INSURANCE COMPANY: Security National Insurance Company B. AM BEST RATING (A-: VII or greater): A:XIH C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 3/12/16 Date 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT Contract No. 6270 PROPOSAL (Contractor shall submit proposals via the Bid Items contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 6270 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: 1 2 Date Bidder r (mow) /,3z Bidder's Telephone and Fax Numbers Bidder's Auth Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address: /Nf (; / AN A-( c 5 cz -/ PR -1 Title City of Newport Beach Page 1 2015.2016 TIDEGATE IMPROVEMENT PROJECT (C-6270), bidding on February 23, 2016 2:00 PM Printed 02/23/2016 Bid Results Bidder Details Vendor Name Paulus Engineering, Inc. Address 2871 E Coronado St Anaheim, CA 92806 United States Respondee Rory Campbell Respondee Title Estimator Phone 714-632-3975 Ext. Email campbell@paulusengineedng.com Vendor Type License# 724114 CA DIR Bid Detail Bid Format Electronic Submitted February 23, 2016 1:18:24 PM (Pack) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 73857 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal Paperwork.pdf BID SUBMITTAL Subs Subs.pdf SIGNED SUBCONTRACTORS LIST FORM Bond Bid Bond.pdf Bid Bond Line Items Type Item Code Uom qty Unit Price Line Total Comment Section 1 1 Mobilization and Demobilization Lump Sum 1 $7,000.00 $7,000.00 2 Traffic Control Lump Sum 1 $3,000.00 $3.000.00 3 Remove Existing Tidegates, Rails, Stems, Actuators, Motors and Controls Lump Sum 1 $10,000.00 $10,000.00 Planotaids, Inc. City of Newport Beach 2015-2016 TIDEGATE IMPROVEMENT PROJECT (C-6270), bidding on February 23, 2016 2:00 PM Bid Results Type Item Code UOM Qty Unit Price 4 Remove Vault Access Door Subcontractors Name B Address Description CMB Construction & Remove and Replace Uds Engineering 7201 Haven Ave Rancho Cucamonga, CA 91701 United States Leed FJectric Inc. Electrical 13138 Arctic Circle Santa Fe Springs, CA 90670 United States PlanetSids, Inc. $1,500.00 $23,000.00 $8,520.00 $9,800.00 $35,000.00 $250.00 $5,000.00 $2,500.00 Subtotal Total License Num 613977 379096 Page 2 Printed 02/23/2016 Line Total Comment $4,500.00 $46,000.00 $25,560.00 $29,400.00 $35,000.00 $750.00 $5,000.00 $2,500.00 $168,710.00 $168,710.00 Amount Type $16,000.00 $8,000.00 DGS Each 3 5 Furnish and Install 24" Pressure Tidegate (Waterman P -301f) Each 2 6 Furnish and Install Actuator, Motor and Controls Each 3 7 Furnish and Install Double Leaf Aluminum Access Doors Each 3 8 Furnish and Install 36" Tidegate Waterman Series 55000 Each 1 9 Remove and Replace Manhole Steps Each 3 10 Provide Manual Valve and Pumping Lump Sum 1 11 As -Built Drawings ($2,500.00) Lump Sum 1 Subcontractors Name B Address Description CMB Construction & Remove and Replace Uds Engineering 7201 Haven Ave Rancho Cucamonga, CA 91701 United States Leed FJectric Inc. Electrical 13138 Arctic Circle Santa Fe Springs, CA 90670 United States PlanetSids, Inc. $1,500.00 $23,000.00 $8,520.00 $9,800.00 $35,000.00 $250.00 $5,000.00 $2,500.00 Subtotal Total License Num 613977 379096 Page 2 Printed 02/23/2016 Line Total Comment $4,500.00 $46,000.00 $25,560.00 $29,400.00 $35,000.00 $750.00 $5,000.00 $2,500.00 $168,710.00 $168,710.00 Amount Type $16,000.00 $8,000.00 DGS PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2015-2016 TIDEGATE IMPROVEMENT PROJECT CONTRACT NO. 6270 PART 1- GENERAL PROVISIONS SECTION 2 -SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE SECTION 3 -CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 — UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENTAND FACILIITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORKSITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.3 Street Closures, Detours and Barricades 7-10.4 Safety 7-10.4.1 Safety Orders 7-10.5 "No Parking" Signs 7-10.6 Notices to Residents 1 1 1 1 1 2 2 2 2 .2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 6 6 6 7 7 7 7 8 9 9 9 9 7-15 CONTRACTOR'S LICENSES 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 7-17 STORM DRAIN FLOW BY-PASS SYSTEM SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 2 - CONSTRUCTION MATERIALS SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENTCONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel 206-7.1.1 SERIES 5000 HEAVY DUTY CASTTIDE (SLUICE) GATE 206-7.1.2 P-30ff PRESSURE TIDEGATE (SLIDE GATE) 209.6.1 Gate Operators. PART 3 -CONSTRUCTION METHODS SECTION 300- EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General 10 10 10 11 11 11 13 13 13 13 13 13 13 13 14 14 19 21 23 24 24 24 24 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2015-2016 TIDEGATE IMPROVEMENT PROJECT CONTRACT NO. 6270 Project No. 191-119 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. D -5387-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing tidegates; furnishing and installing newtidegate; connecting electrical facilities; testing new electric actuators and controls; and replacing vault access doors and manhole steps." Page 1 of 24 SECTION 3 - CHANGES IN WORK 3.3 EXTRA WORK 3-3.2 Payment 3.3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4.1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Page 2 of 24 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 3d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact. Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 5-8 SALVAGED MATERIALS. The Contractor shall salvage existing tide valves, stems, rail guides, and valve vault hatch covers. The Contractor shall remove and salvage existing vault doors. Salvaged materials shall be delivered to the City's Utilities Yard at 949 W. 16" Street. Unless directed otherwise or shown otherwise on the plans, the Contractor shall make arrangements for the delivery of salvaged materials by contacting Tom Miller, Municipal Operations Department, Operations Support Supervisor, at (949) 718-3481. 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. Page 3 of 24 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. 6.7 TIME OF COMPLETION 6-7.1 General Add to this section: "the Contractor shall complete all work under the Contract within 115 consecutive working days from the initial "Notice to Proceed". Up to 90 consecutive working days shall be granted for preparing shop drawings; reviewing by the City; and obtaining approval; manufacturing and delivering access doors and tide valves. No work shall be done on the site until delivery of the _tide valves and access doors; at this time the Engineer shall issue a second 'Notice to Proceed'. After receipt of the tide valve the Contractor shall install and complete all construction activities under the contract within 25 consecutive working days. Unavailability of material will not be sufficient reason to grant the Contractor and extension of time." The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If the holiday falls Page 4 of 24 on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. Should the Contractor elect to work outside normal working hours to take advantage of favorable tidal conditions a written notice shall be provided to the Engineer with times and dates 72 hours prior to any work. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above, Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental Inspection costs of $146 per hour when such time periods are approved, 6.9 LIQUIDATED DAMAGES Revise sentence three to read: For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $750.00. Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per.day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphas prosecuting the work in an orderly preplann inconvenience to residences, businesses, public as a result of construction operations. ze to the Contractor the importance of :d continuous sequence so as to minimize vehicular and pedestrian traffic, and the SECTION 7.- RESPONSIBILITIES OF THE CONTRACTOR 7.1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Page 5 of 24 Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Apparent Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7.7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required, The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer, The City must approve any nighttime work in advance, It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. Page 6 of 24 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), also published by Building News, Inc. 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 Page 7 of 24 measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) 7.10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Contract Manager, at (949) 718-3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROADIBICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." Page 8 of 24 7-10.4 Safety 7.10.4.1 Safety Orders Add to this section: The Contractor shall be conditions of the job -site, including safety performance of the work, and the Contractor and other laws, rules, regulations, and orders workers. solely and completely responsible for of all persons and property during hall fully comply with all State, Federal relating to the safety of the public and The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "'NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach 'Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall Page 9 of 24 require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-15 Contractor's Licenses: 7.15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a valid `A' license. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings: 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made"with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material" Add the following Section 7-17 STORM DRAIN FLOW BY-PASS 7-17 STORM DRAIN FLOW BY-PASS SYSTEM The Contractor shall bypass all storm or tidal flows during related construction operations, as required. The Contractor shall at all times be responsible for the operation of the bypass system, including furnishing the necessary equipment and making arrangements to obtain power as required. Primary bypass system shall be designed to handle 120% of the predicted flows as specified by the Engineer. Plans for bypassing shall be submitted by the Contractor to the Engineer for approval prior to related construction activity, allowing at least five working days for review and return of Page 10 of 24 comments. Approval by the Engineer does not in any way relieve the Contractor of its responsibilities provided for in this section." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing submittals, bonds, insurance and financing, attending all meetings, establishing a field office (if necessary), providing and maintaining 6' high construction chain link fence with screen, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removing construction chain link fence and all USA markings, restoring pavement surfaces to pre -construction conditions and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, delivering all required notifications; posting signs and all costs incurred notifying residents. In addition, this item includes, providing the traffic control required for the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons, etc. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing Tidegates, Rails, Stems, Actuators, Motors and Controls: Work under this item shall include, but not be limited to, removing existing tidegates, stems, rail systems, actuators, motors, controls, associated hardware and transporting to the City Yard. Existing concrete mounts shall be removed to the limit of original vault wall and floor and disposed by the contractor. Mounting holes shall be filled flush with epoxy to the satisfaction of the Engineer and all other work items as required to complete the work in place. Item No. 4 Remove Vault Access Door: Work under this item shall include, but not be limited to, removing and disposing existing metal access doors; protecting vault walls; making repairs due to removals; preparing the concrete vault for the access Page 11 of 24 door system; obtaining all dimensions and specifications for accurate placement and mounting of new double leaf access doors, and all other related work items as required to complete the work in place. Item No. 5 Furnish and Install 24" Pressure Tidegate (Waterman P-30ff): Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 24" Waterman P- 30ff tidegate (slide gate) or Engineer approved equal to the site; installing tidegate, appurtenances to make required connections; and all other Items to complete work in place; testing and certifying the installation, setting up an operation demonstration by manufacture representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible for verifying all dimensions and specifications for accurate placement and mounting of tide gate, and all other related work items as required completing the work in place. Item No. 6 Furnish and Install Actuator, Motor and Controls: Work under this item shall include, but not be limited to, full compensation for procuring and delivering AUMA Actuator SAGS Series with KN coating and all connections for the electric motor operator; components, #14 stranded copper conductors, and connections for controller to actuator, appurtenances to make required connections; and all other items to complete work in place; providing the labor, materials, tools and equipment to install the control complete and in place, including testing and certification of installation, setup and operation by representatives from manufacturer. The motor, actuator and controls shall use the existing service electrical service. Item No. 7 Furnish and Install Double Leaf Aluminum Access Doors: Work under this item shall include, but not be limited to, full compensation for procuring and installing Type JD -AL (300 PSF) double leaf aluminum access doors as manufactured by Biico, or Engineer approved equal access doors with Type 316 stainless steel hardware, appurtenances to make required connections; and all other items to complete work in place; furnishing labor, materials, tools and equipment to install access doors in accordance with the manufacturers recommendations complete in place. The contractor shall be responsible verifying all dimensions and specifications for accurate placement and installation of double leaf access doors, and all other related work items as required completing the work in place. Item No. 8 Furnish and Install 36" Tidegate Waterman Series S5000: Work under this item shall include, but not be limited to, full compensation for furnishing the labor, materials, tools and equipment for procuring and delivering 36" Waterman Series S5000 or Engineer approved equal tidegate (sluice gate) to the site; installing tidegate appurtenances to make required connections; and all other items to complete work in place; testing and certifying the installation; setting up an operation demonstration by manufacture representative. The contractor should be aware that working in the storm drain system may be affected by surface, tidal and storm drain water. In addition, the contractor shall be responsible verifying all dimensions and specifications for accurate placement and mounting of tide gate, and all other related work items as required completing the work in place. , Page 12 of 24 Item No. 9 Remove and Replace Manhole Steps: Work under this item shall include, but not be limited to, removing existing ladder rungs and installing steps per, CNB STD -404-L. Mounting holes shall be filled flush with hydraulic cement to the satisfaction of the Engineer. Item No. 10 Provide Manual Valve and Pumping: Work under this item shall include, but not be limited to, installing a temporary vault pump and valve on the existing vault to allow working within the vault during tidal fluctuations. Compensation shall include submittal of work plan to the Engineer for approval prior to installation. All generators must use a whisper or quiet mode. Item No. 11 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201.1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement Page 13 of 24 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 marine grade, epoxy -coated steel conforming to ASTM A 775 with 2 -Inch minimum cover unless shown otherwise on the plans. 201.5.6 Structural Repair Mortar. The cementitious mortar used for setting the new sluice gate shall be SikaTop 123 Plus or approved equal. SECTION 206 --- MISCELLANEOUS METAL ITEMS 206.7 Tidegates 206-7.1 General. The Contractor shall remove existing tidegate, furnish and install a Waterman S5000 series Heavy Duty Tidegate (Sluice Gate), or approved equal, with 36 -Inch square opening. Contact: CS- Amsco, Shawn Aram at (714) 892-4200. 206-7.1.1 SERIES 5000 HEAVY DUTY CAST TIDE (SLUICE) GATE PART1: GENERAL The following specifications are for Waterman Heavy Duty Tidegate is presented as an aid to the contractor with additional information to meet specific needs. 1.01 SCOPE This section covers the Waterman S5000 series heavy duty tidegate required on the project. The gate shall be furnished and installed complete with wall thimble or anchor bolts, operating stem, gate lift operator and other appurtenances as specified or needed to make a complete and operable installation. The gate, stems, lifts and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The gates shall meet the requirements of AWWA Specifications C560 (latest revision) or as modified per these specifications and shall be Waterman Heavy Duty Sluice Gate, or approved equal. All component parts shall be of the type of material shown and interchangeable where size and material are the same without grinding, chipping or special fitting in the field. The gate shall be the product of one manufacturer having five or more years of experience in the manufacture of similar gates for similar use. All mating and sliding parts shall be fully machined. All sluice gate parts, including lift, shall be designed for the heads shown with a minimum safety factor of five. All materials used in the construction of the gates and appurtenances shall be the best suited for the application and shall be as specified herein: Page 14 of 24 1.02 SUBMITTALS A. Submittals shall be as specified herein. Submittals shall include as a minimum: 1. Shop Drawings 2. Manufacturer's operation and maintenance manuals and information, 3. Manufacturer's installation certificate. 4. Manufacturer's equipment warranty. 5. Manufacturer's performance affidavit. 1.03 QUALITY ASSURANCE A. Qualifications 1. All of the equipment specified under this Section shall be furnished by a single manufacturer with a minimum of 5 -years of experience designing and manufacturing cast iron tide ("sluice") gates. The manufacturer shall have manufactured cast iron slide gates for the type described herein for a minimum of 50 projects. 2. The project design is based on the Waterman Heavy Duty Cast Slide ("Sluice") Gate as manufactured by Waterman Industries of Exeter, California. Proposed alternates must be pre -approved, per addendum, at least 7 -days prior to close of bid. Requests for alternates must be supplemented with detailed drawings, specifications and references. Any/all additional costs for structure modifications or other changes associated with utilizing a brand other than Waterman are to be borne by the contractor. Any savings shall be credited to the City. PART 2 EQUIPMENT A. The gates shall be either self-contained with yoke and bench stand operators, or non -self-contained with separate stem guides and operator, in accordance with the requirements of these specifications. B. The gate is in compliance with the latest version of AWWA C 560. C. Specific configurations shall be as noted on the gate schedule or as shown on the plans. D. Materials: COMPONENTS MATERIALS Cast Iron -Frame, Cover Slide, Wall Thimbles Cast Iron (ASTM 126 Class B) Page 15 of 24 Yokes Cast Iron (ASTM 126 Class B) Seats Naval Bronze (ASTM B-21 — Alloy 482) Flush Bottom Seals Neoprene: ASTM D 2000 BC 615/625 Grade BE 625 Wedges and Stem Blocks Low -Zinc Bronze (ASTM B-98) Stems Stainless Steel: ASTM A-276, AISI Type 316 Stem cover Clear Butyrate With Mylar Strip Stem Guides Cast Iron (ASTM 126 Class B) Bronze Bushed Wall Brackets Steel (ASTM A-36) Pedestals Steel (ASTM A -361A-53) Fasteners and Anchor Bolts Stainless Steel: ASTM A-593 and 594, Type 316 CW Finish Pol amide Epoxy 2.02 Frame and Guide Rails The frame and guide rails shall be cast one-piece construction or may have guides dowelled and bolted to the frame. Frames shall be of the standard flangeback or extended flange type with round or rectangular opening as indicated on the plans and in the sluice gate schedule. A machined dovetail groove for the mounting of the seat facings shall be provided on the front face of the frame around the full periphery of the opening. The frame shall be provided with cast -on pads which shall ,be machined, drilled, and tapped for the mounting of the wedge device. The back of the frame flange shall be machined to a plane and drilled to match the wall thimble, pipe flange, or anchor bolt pattern. Guide rails shall be of such length as to retain at least one-half of the vertical height of the slide when it is in the fully opened position. A groove running the full length of the guide rail shall be accurately machined to receive the slide tongue, with a nominal clearance of 1/16 -inch. 2.03 Cover or Slide The cover shall be of one piece cast construction with vertical and horizontal ribs, a reinforced pocket to receive the thrust nut, pads to receive the wedges, and a reinforced periphery around the back side of the cover for machining of the dovetail grooves in which the seating faces shall be mounted. All wedge pads shall be machined, drilled and tapped to receive the wedge devices. The cover shall have fully machined tongues running the full length of each side to properly engage the guide rail grooves. A thrust nut shall be provided to attach the slide to the stem. For non -rising stems, the stem shall turn freely in the thrust nut, to open and close the slides as the stem is rotated. Page 16 of 24 2.04 Seating Faces All seating faces for both covers and frames shall be malleable extruded corrosion resistant material (see materials section) of a shape that will fill and permanently lock in the full width dovetail grooves of the slide and the frame. No other means of attachment will be allowed. They shall be machined to a 63 micro -Inch finish, or better. 2.05 Wedges All wedges and wedge blocks shall be solid corrosion resistant material (see materials section) and shall be of sufficient number to provide a practical degree of water tightness. All wedge bearing surfaces and contact faces shall be machined to give maximum contact and wedging action. Wedges shall be fully adjustable, but once set shall not rotate or move from the desired position. Ali fasteners and adjustment screws shall be corrosion resistant, 2.06 Self -Contained Gate with Non -Rising Stems When a self-contained gate is specified, a yoke shall be mounted on the machined pads provided on the upper ends of the guide rails. The yoke shall have a machined bearing surface for the lift nut or pedestal mounting plate. The thrust generated by gate operation shall be transferred to the yoke by the lift. The yoke shall be designed for the thrust produced by the actuator with a safety factor of 5, based on the ultimate strength of the material used. 2.07 Flush Bottom Tidegate When a flushbottom closure Is specified, a resilient seal shall be attached to the frame so that it is flush with the invert. It shall be supported by a cast iron bracket which shall be bolted to machined pads provided on the frame. The seal shall be held in place by a bronze or stainless steel bar which shall be bolted through the seal to the bracket with stainless steel fasteners. 2.08 Wall Thimbles and Anchor Bolts Wall thimbles shall be provided with all gates except those to be mounted on pipe flanges or those gates to be attached to concrete headwalls with anchor bolts, as shown on the plans. Each thimble shall be of one-piece cast iron construction and of the section and depth as specified in the plans and gate schedule, There shall be integrally cast water stop around the periphery of the thimble. The front flange of the thimble shall be machined, drilled and tapped to receive the sluice gate attaching studs. Bolt pattern shall match gate bolt pattern. After machining, the front flange shall be marked with vertical centerline and the word "top" for correct alignment. Large square and rectangular opening thimbles shall be provided with grout holes in the invert to permit entrapped air to escape. The holes shall be 1-1/2" in diameter, no more than two feet apart and shall be upstream and downstream of the water stop. A mastic type gasket shall be provided between the sluice gate and the wall thimble. Anchor bolts shall be corrosion resistant. Page 17 of 24 Gates mounted directly upon the headwall shall be sealed between the gate back and wall with a non -shrink grout. See manufacturers detailed installation instruction. 2.09 Stems and Stem Couplings Operating stems shall be of a size to safely withstand, without buckling or permanent distortion, stresses induced by normal operating forces. Stems shall be fabricated from round bar stock of cold -finished steel, stainless steel or bronze, as shown on the plans or gate schedule and shall be provided with 290 modified or full acme threads. Stems composed of two or more sections shall be joined by bronze couplings threaded and keyed to stems, or couplings of the same material as the stems, pinned, bolted or welded and pinned to the stems. In section, couplings shall be stronger than the stems. Rising stems with manual lifts shall be provided with adjustable limit nuts or stop collars above and below the floor stand lift nut to prevent over travel of the gate in either direction. 2.10 Stem Guides Stem guides and brackets shall be cast iron, with bronze bushings. Guides shall be adjustable in two directions and shall be so constructed that when properly spaced they will hold the stem in alignment and still allow enough play to permit easy operation. Stem guide spacing shall be as recommended by the manufacturer for the specific stem size, but in no case shall the length/radius of gyration (1/r) exceed 200. Brackets shall be attached to the wall by anchor bolts of sufficient strength to prevent twisting or sagging under load. 2.11 Manually Operated Lifts Tide (Sluice) gates shall be operated manually by handwheel or crank operated pedestal floor stands as required. Each lift shall be provided with a threaded cast bronze lift nut to engage the threaded portion of the stem. The lift nut shall have a machined flange, fitted above and below with thrust ball or roller bearings. Handwheel lifts shall be without gear reduction while crank operated lifts shall have either a single or double reduction. A maximum effort of 40 lbs. pull (25 Ib, pull) on handwheel or crank shall operate the gates under the specified operating head. The gears, when required, shall be steel with machine -cut teeth. Pinion gears shall be supported by bronze bushings or roller bearings. The lift mechanism shall be totally enclosed within a cast iron housing adequately provided with lubrication fittings. The pedestal shall be structural steel or cast iron. The crank shall be of cast iron with a revolving brass handle and shall be removable. The crank shall be a maximum of 15" long. All lifts for rising stems shall be provided with a dial type position indicator and a galvanized steel stem cover or a transparent plastic stem cover with mylar strip position indicator. Non -rising stem gates shall be provided with a dial type position indicator unless extension stems, valve boxes, or T -handle wrenches make an indicator impractical. Handwheels and crank input shafts shall be approximately 36" from the operating floor unless otherwise shown. The word "open" shall be cast onto the housing or handwheel indicating direction of rotation to open the gate. Page 18 of 24 2.13 Shop Testing The completely assembled gate and hoist shall be separately shop -operated to insure proper assembly and operation. The gate shall be adjusted so that a .004" thick gauge will not be admitted at any point between frame and cover seating surfaces. All gates and equipment shall be inspected and approved by a qualified shop inspector prior to shipment. 2.14 Warranty Upon acceptance of the tidegate (sluice gate), operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice gate, operator and controls. The warranty shall be limited to replacement and repair of products installed. PART 3 Storage and Installation A. Installation of the slide gates shall be done in a workmanlike manner. It shall be the responsibility of the CONTRACTOR to handle, store, and install the equipment specified in this Section in strict accordance with the Manufacturer's recommendations. B. The CONTRACTOR shall review the installation drawings and installation instructions prior to installing the slide gates. C. The slide gate frames shall be installed in a true vertical plane, square and plumb, with no twist, convergence or divergence between the vertical legs of the guide frame. D. The CONTRACTOR shall fill any void between the guide frames and the structure with non -shrink grout in accordance with the grout manufacturer's recommendations. . E. Sluice gates and equipment shall be stored and installed in accordance with the installation manual furnished by the gate manufacturer. After installatior the completely assembled gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such adjustments as necessary will be made until operation is approved by the engineer. The gate shall be subjected to leakage tests and pass the standard requirements for maximum leakage as specified in AWWA standards AWWA-0560. 206-7.1.2 P-30ff PRESSURE TIDEGATE (SLIDE GATE) Remove existing and install 24" Waterman Industries, Inc., medium duty P-30ff tide gate (pressure slide gate), or equal approved by the Engineer, with Type 316 non -rising stainless steel stem to fully open gate, bronze seating faces, bronze thrust nut and side wedges, Type 316 stainless steel rails and yokes, flush bottom closure, primed and Page 19 of 24 epoxy coated gate and flangeback frame for wall mounting against grout pad, all primed and epoxy coated by the manufacturer and all Type 316 stainless steel hardware. Manual over -ride shall be by handwheel. minimize required rimpull and facilitate operation when actuator is under load. operation will be automatic upon motor o not prevent manual operation. Actuator motor control unit is removed. Manual operation will be via power gearing to easy change -over from motor to manual Return from manual to electric mode of peration. A seized or inoperable motor shall shall be capable of hand wheel operation if Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation, Limit switch drive shall be by countergear. Limit switches must be capable of quick adjustment requiring no more than five (5) turns of the limit switch adjustment spindle. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Contractor shall set all limit switches per direction of the Engineer. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. The torque switch adjustment device must be calibrated directly in engineering units of torque. Contractor shall set all torque switches per the direction of the engineer. All wiring shall be terminated at a plug and socket connector. Install Type 316 stainless steel fasteners and anchor bolts throughout. Shopcoat non - stainless ferrous metals with a polyamide epoxy paint. Fabricate, assemble and anchor sluice gate, operator, control components, enclosures and attachments with materials that are waterproof, primed, epoxy coated, and certified for long-term exposure and long-term submergence in a salt water environment, and prove to the Engineer's satisfaction that these specifications have been met. Upon obtaining prior authorization of the Engineer, provide a manufacturers authorized representative to certify the installation, setup and operation of the sluice gate, operator and controls. Upon acceptance of the sluice gate, operator and controls by the Engineer, provide a one year minimum full labor and materials warranty of the installation, setup and operation of the sluice gate, operator and controls. The warranty shall be limited to replacement and repair of products installed. 206-8 ALUMINUM DOUBLE LEAF HATCH Furnish and install double leaf access door hatch Type JD -AL (300 PSF) as manufactured by Bilco, or Engineer approved equal. Hatch shall have diamond pattern equipped with lift assistance. All hardware/accessories/hinges shall be constructed of Type 316 stainless steel. Locking device shall be the recessed type capable of inserting pad lock within a hinged cover. Page 20 of 24 SECTION 209 --- ELECTRICAL COMPONENTS 209-3 SLUICE GATE ELECTRICAL COMPONENTS 209-6.1 Gate Operators. The Contractor shall remove existing gate actuator, motor and operator then furnish and install actuator, motor and controller fabricated by AVMA Actuators, Inc. SA/GS Series with AUMA KN coating or Engineer approved equal. Type shall be per the specifications of Waterman Industries. Contact: CS- Arnsco, Shawn Aram at (714) 892-4200. 209-6.2 Electric Valve Actuators and Tidegate Operator Controls. 2.00 Electric Valve Actuators 1. General A. Equipment Requirements: The actuators shall be suitable for use on a 120 volt 1 phase 60 Hz power supply and must include motor, integral reversing starters, local controls and terminals for remote control and indication housed within a self- contained, sealed enclosure. B. Actuator sizing.- The izing:The actuator shall be sized to guarantee valve closure at the specified torque requirement as indicated by the valve supplier. The actuator must be adequately sized to provide the torque required to operate the valve at 90 -percent of the nominal voltage, C. Environmental Actuators shall be suitable for indoor and outdoor use. The actuator shall be capable of functioning in an ambient temperature ranging from -20°F to +160°F in open/close service and -20°F to +140°F in modulating service, up to 100 -percent relative humidity. Furthermore, the actuator shall be coated byAUMA KN Coating. D. Enclosure Actuators shall be 0 -ring sealed, watertight to NEMA 4X. Actuators shall be 0 -ring sealed, watertight to NEMA 4X/6 and submersible to IP 68-8 (26 feet (8meters) for 96 hours)) in accordance with EN 60529. E. Motor The electric motor shall be Class F insulated, with a duty rating of at least 15 minutes at 104°F (40°C). The actuator must include a device to Page 21 of 24 ensure that the motor runs with the correct rotation for the required direction of valve travel regardless of the connection sequence of the power supply. F. Motor protection The following criteria shall be provided for motor protection: 1) The motor shall be de -energized without damage in the event of a stall condition when attempting to move a jammed valve. 2) The motor shall be de -energized in the event of an overtorque condition 3) A minimum of three thermal devices imbedded in the motor windings shall be provided to de -energize the motor in case of overheating. 4) Lost phase protection G. Gearing The actuator gearing shall be totally enclosed in a grease -filled cast iron gearcase suitable for operation in any orientation. Actuator gearing shall be hardened steel with alloy bronze worm wheel. The design should permit the opening of the gearcase for inspection or disassembly without releasing the stem thrust or taking the valve out of service. Electric actuators shall be provided with worm gearboxes. H. Manual operation Manual operation shall be by handwheel. Manual operation shall utilize the actuator worm shaft/worm wheel to maintain self-locking gearing and to facilitate changeover from motor to manual operation when the actuator is under load. Return from manual to electric mode of operation will be automatic upon motor operation. A seized or inoperable motor shall not prevent manual operation. 1. Valve position and torque calibration Limit switches shall be furnished at each end of travel. Limit switch adjustment shall not be altered by manual operation. One set of normally open and one set of normally closed contacts will be furnished at each end of travel where indicated. Mechanically operated torque switches shall be furnished at each end of travel. Torque switches will trip when the valve load exceeds the torque switch setting. 2. Electric Actuator Control A. Controls All actuators will be furnished with integral actuators / motor controls. It shall be possible to re -position the integral controls at 90 degree Page 22 of 24 increments, so that the push buttons and indication lights will face the operator. B. Control components The following components/features shall be included with the integral controls: 1) Reversing contactors (mechanically and electrically interlocked). 2) Internal power supply l transformer for control power. 3) Control and signal voltage shall be 110 VAC as indicated, internally or externally supplied. 4) Programmable control logic 5) Automatic phase correction 6) Control system interface by one of two modes as follows: a. Control by contact closure / discrete input signals via OPEN -STOP - CLOSE signals (either 24 V DC or 115 VAC as indicated). b. Control by analog signal via positioner board capable of accepting a 4- 20mADC command signal and positioning the valve by comparing the command signal with the present valve position as indicated by the feedback potentiometer mounted inside the actuator. The positioner shall be field adjustable to fail to the "open", "closed" or "last" position on loss of analog (i.e. 4-20mADC) command signal, C. Local controls Local controls with 'OPEN - STOP - CLOSE' pushbutton type controls and a lockable selector switch with'LOCAL - OFF - REMOTE' function. Local controls shall be supplied with indicating lights red for'OPEN', yellow for 'FAULT' and green for'CLOSED'. D. Output signals and for remote indication The following output signals shall be furnished for remote indication: 1) Output signals from selector switch when switch is in LOCAL or REMOTE positions via potential -free contacts. 2) Signals for end -of -travel positions OPEN and CLOSED shall be via potential -free contacts. 3) Monitor relay for collective fault signal (power failure, phase failure, thermal switch tripped and torque switch tripped in mid travel) shall be provided. 3. Electric Actuator Manufacturers A. All actuators, motor and controls shall be manufactured by AUMA Actuators, Inc. PART 3 - CONSTRUCTION METHODS Page 23 of 24 SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.goy/index.aspx?page=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page 24 of 24