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C-7979-1 - Underground Utility Assessment District No. 113 (West Balboa Island)
CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3005 1 949 644-3039 FAX newportbeachca.gov/cityclerk January 24, 2025 Hot Line Construction, Inc. Attn: Carol G. Blade 9020 Brentwood Blvd., Suite H Brentwood, CA 94513 Subject: Underground Utility Assessment District No. 113 (West Balboa Island) Contract No. 7979-1 Dear Carol G. Blade: On November 19, 2024, 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 November 20, 2024, Reference No. 2024000304309. Enclosed is the released Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. SUR0068178 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Hot Line Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes, but is not limited to, mobilization, traffic control, water pollution control, potholing and field verifications of existing utilities, trench construction, dewatering, furnishing and installing conduit with poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all associated items necessary for the conversion of existing overhead and electrical power, telephone, and cable television services to underground locations as required and intended by the Plans, Specifications, and further specified by Southern California Edison ("SCE"), AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113. Any costs resulting from work performed that was directed by Southern California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be compensated unless said work was approved by the Engineer prior to work commencing. Contractor shall perform all trenching, backfill, pavement restoration, resurfacing and replacement of existing improvements (public or private including but not limited to driveways, fences, wails, signs, landscaping, mailboxes, and other such items) associated with or resulting from the work identified herein. In areas where SCE plans show existing handholes are being upsized to accommodate additional conduits or where new conduits are being installed to accommodate the undergrounding efforts, SCE handhole and intercept work shall be included in the Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will be required to install all handholes and intercept vaults where live or dead electrical wires are to be encountered at service handhole and intercept locations. SCE requests that at least three locations be made available when Arizona Pipeline's efforts are required. Contractor is required to give (7) seven calendar days' notice of planned service hand hole or intercept efforts required by Arizona Pipeline. 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, Argonaut 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 Four Million Three Hundred Eight Thousand One Hundred Seventy Nine Dollars Hot Line Construction, Inc. Page A-1 ($4,308,179.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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. .-------..- _.._-..__..___..-- Hot Line Construction, Inc. Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of June , 20 21 . Hot Line Construction Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety 225 W. Washington 24th floor Chicago, IL 60606 Address of Surety (833) 820-9137 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: k- / Z Z / Zo Z 1 Aaron C. Harp City Attorney -�- W-, Authorized Agent Signature Lisa M. Lucas, Attorney -in -fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hot Line Construction, Inc. Page A-3 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 } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose na e( is/are subscribed to the within instrument and acknowledged to me that he/she/they executed a same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the in ument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins me I certify under PENALTY OF PERJURY under the laws of the State of Calif nia th�tJ�fe foregoing paragraph is true and correct. %' WITNESS my hand and official seal. Signature CKNOWLEDGMEtgT/\ ,burety A notary public or other officer co leting tot "SEE AT /ACHED ACKNOWLEDGMENT" certificate verifies only the identity of 'ndividual h signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid of that document. State of California % County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Hot Line Construction, Inc. Page A-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 Calif is County of r) On M. ne. I I " before me, h)unALR—e-cWA — WA" , DotI , — . Here Insert Name and Title of the Officer personally appeared 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), 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. AMANDAGRACE KUTCHERA Notary Public - California Contra Costa County o.•�, Commission ak 2282721 My Comm. Expires Mar 25, 2023 Place (Votary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Vf 1 IVI\/y1L Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s ❑ Partner — ❑ I_imite eneral ❑ Individual ❑ Attorney in Fact ❑ Truste ❑ Guardian or Conservator ❑ O_th�d-fr: Signer is Representing: ©2018 National Notary Association of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa On dUn e 1 L¢ / a0d, I before me, Date personally appeared Lisa M. Lucas Tanya Chinchilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(N whose name( is/ subscribed to the within instrument and acknowledged to me that Xe/she/Wq executed the same in NG Vher/,IfM authorized capacity(DX), and that by;KX/her/tXNXsignature(�§) on the instrument the person(, or the entity upon behalf of which the person(R) acted, executed the instrument. h�TANYA MNCHILI-A� U e� COMM. # 2303388 (� �� -.` • m NOTARY,PUBLIC • CALIFORNIA • •O CONTt<A COSTA COUNTY n �` CA(IFOn COMM. EXPIRES SEPT. 25, 2023- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �/� S nature o Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: GC�4�L�.4'%L'✓G'✓G'.vL'✓.'LG'LG'�L�L�L'd 'riG�G'r� 'rr '✓L'dG�',G��S'�G` '' _'�G�.L'Li•LL�4'e� '✓G'v 'ei 'uL'JL'�LVG�= L\✓G'Lii LL.r -.rr _ate _ 11/20/24, 3:38 PM Batch 18371825 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II 1111 II III II I I III I 1111111 II NO FEE *$ R 0 0 1 5 2 6 2 6 3 3 $ * 2024000304309 3:21 pm 11/20124 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 Hot Line Construction, Inc., from Brentwood, California, as Contractor, entered into a Contract on 06/08/2021. Said Contract set forth certain improvements, as follows: Underground Utility Assessment District No. 113 (West Balboa Island) Contract No. 7979-1 Work on said Contract was completed, and was found to be acceptable on November 19, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. BY David Webb, Public-Wo s Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on U , at Newport Beach, California. BY Leilani I. Brown, 6ityl Clerk https://gs.secure-erds.com/Batch/Confirmation/l8371825 4/5 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 Hot Line Construction, Inc., from Brentwood, California, as Contractor, entered into a Contract on 06/08/2021. Said Contract set forth certain improvements, as follows: Underground Utility Assessment District No. 113 (West Balboa Island) Contract No. 7979-1 Work on said Contract was completed, and was found to be acceptable on November 19, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. BY ) ).e,,-Ai David Webb, Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �1 Executed on V at Newport Beach, California. BY Leilani I. Brown, 6ityl Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted to the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 315t day of March, 2021, at which time such bids shall be opened and read for UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 $3,250,000.00 Engineer's Estimate Approved by WA1 ) James M. Houlihan uty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://vvww.planetbids.com/portal/portal.cfm?CompanylD=22078 MANDATORY PRE -BID A mandatory video conference pre -bid MEETING will be conducted for this project on MARCH 2, 2021 at 10:00 am. Information regarding video conferencing will be noticed to registered bidder. Bidders who do not participate may be considered non -responsive. Hard copy bid documents will be available by SHIPPING ONLY February 19, 2021 from: Mouse Graphics, 659 W. 19t1 Street, Costa Mesa, CA 92627 Email INFOPSENDMOUSE.COM or call (949) 548-5571 for shipping information ALL GENERAL CONTRACTORS ARE REQUIRED TO ORDER ONE SET TO BID PROJECT Contractor License Classification(s) required for this project: "A" For further information, call Michael J. Sinacori P.E., Project Manager at (949) 644-3342 City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................6 COMPLIANCE WITH CIVIL RIGHTS ACT & AFFIRMATIVE ACTION REQ...................9 DESIGNATION OF SUBCONTRACTOR(S)..................................................................10 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................11 NON -COLLUSION AFFIDAVIT..................................................................... 15 DESIGNATION OF SURETIES...................................................................... 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................17 ACKNOWLEDGEMENT OF ADDENDA........................................................................19 INFORMATION REQUIRED OF BIDDER.....................................................................20 NOTICE TO SUCCESSFUL BIDDER...........................................................................23 CONTRACT................................................................................................................... 24 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND............................................................Exhibit B INSURANCE REQUIREMENTS..................................................................Exhibit C PROPOSAL............................................................................................................... PR-1 SPECIAL PROVISIONS............................................................................................ SP-1 2 City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD . INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money 3 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 et seq.), the Director of Industrial Relations has ascertained. the. general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft; classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline .number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed. by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. 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. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. 0 C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. E. MANDATORY video conference Pre -Bid Meeting attendance is required for this Project The meeting will be conducted on MARCH 2, 2021 at 10:00 am. Information regarding video conferencing will be noticed to registered bidder. All contractors wishing to bid on this project shall be represented by its CEO/Owner who will be signing the contract documents, or Superintendent who will be managing the Project, at this mandatory meeting. Bidders who do not participate may be considered non -responsive. The signature below represents that the above has beeryf'Mewed, :l 710855 A, C10 8/31/2021 % r. Greg Griggs Contractor's License No. & Classification 66MrizW Signature/Title 1000001001 DIR Registration Number & Expiration Date Date Hot Line Construction, Inc. Bidder 6 3/31/2021 CitV of Newaort Beach • • .a-. a ® h.7a��.�mCfV i Ulti I KIEJ NO. 7 (VVEST BALBOA ISLAND) CONTRACT Mn 7979-1 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 (10% of total amount bid ------------------- Dollars ($ 10 /o }, to be paid and forfeited to the City of Newport Beach if the bid Proposal of the undersigned Principal for the construction of UNDERGROUND UTILITY ASSESSMENT DISTRICT INO-113, Contract No. 7979-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the this Bond. Surely from its obligations under Witness our hands this 1da4AZ March 21. Hot Line Construction, Inc. Name of Cor,, a__trar� (Principal) it Argonaut Insurance Company Name of Surety 225 W. Washington 24th floor Chicago, IL 60606 Address of Surety (833) 820-9137 Telephone Authorized Agent Signature `T - Lisa M. Lucas, Attorney -in -fact Print Name and Title (Notary acknowledgment of PEE ip_ $c ell must be attached) 6 ACKNOWLEDGMENT raaararrrraarrrrarraarrrrrrararrrrrararraraaararrcrrrrrrrarrrarr■rrarrrrrarrrarrrrr■ State of California County of } ss. On before me, Personally appeared Notary Public, to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subwho roved scribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �sea!j a.ra■a.•.arrrrar•rrrasarrr■arraarrrrarrrrrrr•rratarrrr-rrarrrraatsrrrrrarrraa■ra�rr■#■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign language Type of Satisfactory Evidence: Personally Known with Paper identififstien Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Otherinformation: V/ Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT aaaaaaaaaaaaaaaaaamaaaa■naaaaaa■a■aaaaaaaaaaamass■aaaaapaaaaaaataaaaaaaaaamaaaaaaaaa State of California County of "See Attached Notary Acknnowledgment" SS. (For Surety) On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seat) ■•aaaaaaaameaaaaaaagsaaaaaaaNaaaaaaaa■=■aaaaaaaaaaaaaa■aaaaaaaaaaaaaaaaaraaaaaaaaaaa OPTIONAL. INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO I COO President / Vice -President / Secretary / Treasurer Other. Other information: Thumbprint of Signer i i i� I ❑ check here it no thumbprint or fingerprint Is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Contra Costa On Md /'C h / B Q 0 a / before me, Date personally appeared Lisa M. Lucas Tanya Chinchilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Ag whose name(* is/X% subscribed to the within instrument and acknowledged to me that Xe/she/W executed the same in I /her/YoU authorized capacity9W, and that by /her/tiQftignature(1§) on the instrument the person(;}, or the entity upon behalf of which the personal acted, executed the instrument. P" r. f-1p%AYH ri.3itu1LePl 1 I 3J1l_fl �t U 'P'y C N0,1u Y 1RLIC CAIRM IFOA CONTRA COSTA CGi, ATY n q<< , COiiMW EXPIRiES SEPT. 25, 2923" ww_ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -J Wgn of otaryPublic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator P Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: GG'✓ 'y6'� 'r�GALG'r�,ti✓'riG'�G�G�G��G\d6��UG�G�G�G'e�G�,G�S'✓4� •a y 'ei.'d •ei<'rii• _ �,.v 'dG�6'�/G`%S`,G�G'�/ •�G'r/G'U'G'd 'riG� 'er .yG. • • • • • i • •1-611-11S ROTARY i • • i Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Bog 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under Ehc• laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Tanya Chinchilla, Lisa M. Lucas D. Richard Stinson Nicholas Tan Their true and lawful a antg (s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity an glher lundertak ings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $85,000,000.00 This Power of Attomey is granted and is signed and sealed under and by the authority of the l c rll nwing Kesulnlion adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused it\ official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. •''�suttgyc •. :o? =SEAL a by: STATE OF TEXAS ='.. �k .. • ��,: COUNTY OF HARRIS SS: Argonaut In%su�rraance Company Joshua C. Betz, Senior Vice President On this 8th day of May, 2017 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TEST] MON FREOF. I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written V. r -_.—' eK�A.YT F:'II FE/: aM4R•IoF�ft COMM EUPI 07, cgaNjF. �trnY, 1iaJ. eI dD lAts: G (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the /p'Aday of _' , •a +rc h 42042 r Fr 0=z S.r.AL 01 ••�<tnuois,,: t,: James Bluzard , Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 660" :. aRl ecxs : . -45ee Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary} Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 (1 County of AMANDA GRACE KUTCHERA Notary Pu61IC ?_ •• �,°{{-i - California Contra Costa County J Commission M 2282721 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this day of 20-ZL, by ate oath Year (1) (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(5)- ho appeared before me. Signature Signature of Notary Public OPTIONAL — Completing this information can defer alteration of the docui fraudulent reattachment of this form to an unintended doci, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Number of Pa �a>e� 02017 National Notary Association 1) City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO.113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 COMPLIANCE WITH CIVIL RIGHTS ACT AND AFFIRMATIVE ACTION REQUIREMENTS During the performance of the construction contract, contractor shall agree to and be bound by the following: a) Equal Employment Opportunity In connection with the execution of the contract, contractor shall not discriminate against any employee, or applicant for employment because of race, religion, color, gender, age, marital status, sexual orientation, AIDS or AIDS -related symptoms (including HIV positive findings), or national original. Actions encompassed by this prohibition shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment, or recruitment advertising; layoff or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. b) Sanctions for Noncompliance In the event of the contractor's noncompliance with the non-discrimination provisions of the contract, City shall impose such contract sanctions as City may determine to be appropriate, including, but not limited to: (1) withholding of payments to contractor under the contract until contractor complies, and/or (2) cancellation, termination, or suspension of the contract, in whole or in part. Hot Line Construction, Inc. Bidder 7 reg Grig,$A gs - Estimator / P.M. tho ' Signature/Title City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 DESIGNATION OF SUBCONTRACTORS) State law requires the lis" of all subcontractors who will perform wok in an amount in excess of one-half of one percent of the Contractors total bid. If a subcontractor is not listed. the Contracts' remits that he/she is fully qualified to and will be responsible for perfomnng that portion of the work. Substitution of sectors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for arty monies to be withheld to ensure performance under the Contrail. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use addNonal sheets dneeded) Subcontractor's Information Name: All American Asphalt Adder: 400 6th Street Corona, CA 92878 phone: 951-736-7600 State License Number. 267073 I DIR Reference: 1000001051 Bid Item Number N/A Email Address: bloth@allamericanasphalt.00r� Name: Western oilfields Supply Company Adder: PO Box 2248 Bakersfield CA, 93303 Phone: 714-904-7032 N/A State License Number. 904992 DIR Reference: 1000007030 Email Address;. info@rainfrorent.com Name: Strive Concrete Cutting, Inc. Address: PO Box 1970 Tustin, CA 92781 Phone: (714) 269-6643 State License Number. 900346 N/A DIR Reference: 1000008864 Email Address vchavez@sbcgloble.net Hot Line Construction, Inc. Bidder Description of Work % of Total Bid Surface Repairs Dewatering Saw Cutting 4% 22% 2% Greg Griggs - Estimator / P.M. Signature/Title City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this fonmill Please print or type. Bidder's Name Hot Line Construction, Inc. 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 $1,000,000 AND which relate to utility undergrounding work, provide the following information: Cor;fractor must have past or present experience working directly for the Southem Califomia Edison Company (SCE) constructing underground civil improvements in order to qualify_ for this contract. No.1 Project Name/Number Manhattan District 12 Project Description Rule 20 Undergrounding overhead utilities Approximate Construction Dates: From 12/01 /2020 To: 11 /01 /2021 Agency Name So Cal Edison Contact Person Gene Wagner Telephone (310) 483-0222 Original Contract Amount $3.513,036.24 Final Contract Amount $ 3,513,036.24 If final amount is different from original, please explain (change orders, extra work, etc.) No changes as of 3/29/2021 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 2 Project Name/Number Manhattan Beach District 14 Project Description Rule 20 Underaroundinq overhead utilities Approximate Construction Dates: From 12/01 /2020 TO: 11 /1 /2021 Agency Name Rn r:al Fdknn Contact Person Gene Wagner Telephone (31()483-0222 Original Contract Amount $ 3,586,95o.21Final Contract Amount $ 3 586 950.21 If final amount is different from original, please explain (change orders, extra work, etc.) No changes as of 3/29/2021 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 No. 3 Project Name/Number Wanda's 12 KV Line Extension Project Description Underaround Conduit & Structure Installation Approximate Construction Dates: From 02/08/2019 To: 12/15/2019 Agency Name Anaheim Publc Utility Contact Person Robert Luciano, P.E. Telephone (714) 765-5176 Original Contract Amount $4166,635.00 Final Contract Amount $ 3,438,438.52 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in units 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. AI.. 12 No. 4 Riverside Transmission Reliability Project Project Name/Number Project Description New Undergound Tranmission Conduit & Structures Approximate Construction Dates: From 08/05/2019 To: 07/29/202 Agency Name Riverside Public Utilities Contact Person Gary Hironimus, Sr. Electrical En gineerTelephone (951) 826,5675 Original Contract Amount $1,6521»4.92Final Contract Amount $1,891,798.20 If final amount is different from original, please explain (change orders, extra work, etc.) Additional Bid units added 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 No. 5 Project Name/Number Day Line Extension Project Description Underground Conduit & Structure Installation Approximate Construction Dates: From Agency Name City of Moreno Valley 11 /20/2019 Contact Person Clement Jimenez, P.E. To: 08/07/2020 Telephone (951) 413-3513 Original Contract Amount $1,283,743.53Final Contract Amount $ 2,744,075.81 If final amount is different from original, please explain (change orders, extra work, etc.) Job got extended in length 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 13 No. 6 Project Name/NumberSan Bernardino Electric Infrastructure Improvements Project Description 480 KV Duct System & Structure Installation Approximate Construction Dates: From 04/23/2020 To: Present Agency Name San Bernardino Water Department Contact Person Joanna Stewart Telephone (909) 453-4170 Original Contract Amount $L7s1,000.00 Final Contract Amount $ 4,412,429.28 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in units 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 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 sufficiently comprehensive to conditions. Hot Line Construction, Inc. Bidder shall attach a financial statement and other information permit an appraisal of the Contractor's current financial 14 r. reg Griggs - Estimator / P.M. o ' Signature/ Title City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 NON -COLLUSION AFFIDAVIT State of California ) Contra ) ss. County of Costa ) Kelly G Kutchera , being first duly sworn, deposes and says that he or she is EVP/CFO of Hot Line Construction, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any Lmdisclosed 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, mia a oregoi is true and arrest. Hot Line Construction, Inc. Bidder Aut a e Subscribed and sworn to (or affirmed) before me on this day of , 2021 by , evidence to be the person(s) who appeared before me. proved to me on the basis of satisfactory I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] Notary Public 15 My Commission Expires: CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 'see Attached Document (Notary to cross out lines 1-6 below) ro See Statement Below (Lines 1-6 to be completed only by document signer(sj, not Notary) Signature of Document Signer No. 7 Signature of Document Signer No. 2 (if any) 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 • ��. AfAANDA GRACE KUTCHERA Notary Public - California ter' Contra Costa County Commission # 2282721 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this day of , 20--2—,L by Date � onth Year (and (2) , Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature Signature of Notary Public !— — — OPTIONAL — Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: _ Signers) Other Than Named Above: rswr 02017 National Notary Association City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 DESIGNATION OF SURETIES Bidder's name Hot Line Construction, Inc. 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); (Surety) - Argonaut Insurance Company 225 W. Washington, 24th floor, Chicago, IL 60606 - (833) 820-9137 (Surety Broker) -Edgewood Partners Insurance Center (EPIC) 3000 Executive Parkway, #325, San Ramon, CA 94583 (925) 244-7700 16 City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Hot Line Construction, Inc. Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts 1,105 4,921 3,916 4,340 ` 3,548 4,487 2 7 �3 i Amount of $65,000 $262,000 $176,000 $185,000 $144,000 $183,000 �015,000 Contracts (in Thousands of $) No. of fatalities 0 0 0 0 0 0 0 No. of lost - - - Workday Cases 1 5 0 7 3 3 19 No. of lost workday cases involving permanent 0 0 0 0 0 0 transfer to 0 another job or termination of employment _ he information required for these items is the same as required for columns 3 to 6, Code 10, ccupational Injuries, Summary —Occupational Injuries and Illnesses, OSHA No. 102. 17 Legal Business Name of Bidder Hot Line Construction, Inc. Business Address: 9020 Brentwood Blvd, Suite H, Brentwood, CA 94513 Business Tel. No.: (925) 634-9333 State Contractor's License No. and Classification: 710855 - C10 A C61/D31 Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder -A, e4�O Date 3/18/2021 Title Owner/CEO Signature of bidder Date 3/18/2021 Title President/COO Signature of bidder(,R" Date 3/18 21 Title EVP/CFO Signature of bidder Date Title N/A Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED is CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) Signature of Document Signer No. i Signature of Document Signer No. 2 (if any) 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 �•, AMANDA GRACE KUTCHERA " Notary Public - California t Contra Costa County Commission tt 2282721 My Comm. Expires Mar 25, 2023 Place Notary Seal andlor Stamp Above Subscribed and sworn to (or affirmed) before mew on this dray of 20-LL._, by D to h9orl'th Year (and (2) Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the perso s) who appeared before me. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: #ia�Be@oRR7e� oa+�er� - ©2017 National Notary Association E City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO.7979-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Hot Line Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received nat� #1 March 23, 2021 #2 March 29, 2021 19 City of Newport Beach UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following. information is true and correct: Name of individual Contractor, Company or Corporation: Hot Line Construction, Inc. Business Address: 9020 Brentwood Blvd, Suite H, Brentwood, CA 94513 Telephone and Fax Number: (925) 634-9333 California State Contractor's License No. and Class: 710855 - C10 A C61/D31 (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/7/1995 Expiration Date: 8/31/2021 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: C� a'L- 6 � 61-�' g-s 1xn n r 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 Carol G Bade Title Owner/CEO Address* 9020 Brentwood Blvd, Suite H Telephone (925) 634-9333 Troy D Myers President/COO 9020 Brentwood Blvd, Suite H (925) 699-2423 Kelly G Kutchera EVP/CFO 9020 Brentwood Blvd, Suite H (925) 392-9171 Corporation organized under the laws of the State of California 20 The dates of any voluntary or involuntary banKruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; MAI Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A 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 21 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Hot Line Construction, Inc. Bidder Carol G Bade (Print name of Owner or President of Corporate n/Company) Authorized Signatur Owner/CEO Title 3/18/2021 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/herAheir 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: (SEAL) 22 CALIFORNIA JURAT WITH AFFIIANT STATEMENT GOVERNMENT CODE § 8202 )6See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. ? Signature of Document Signer No. 2 (if any) 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 ofcunt Cd--k- AAANDA GRACE KUTCHERA Notary Public - California `•Y> Contra Costa County Commission a: 2282721 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this -2-day of "� , 20L, by / Dote Month Year (and (2) Name(s) of Signer(s) Proved to me on the basis of satisfactory evidence to be the perso ho appeared before me. Signatur Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: 02017 National Notary Association Number of Pages: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworks June 11, 2021 Hot Line Construction, Inc. ATTN: Frank Barrett 9020 Brentwood Blvd. Suite H Brentwood, California 94513 Email: fbarrett(a)hotlineconstructioninc.com Subject: UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) Contract No. 7979-1 Notification of Award To Whom It May Concern: On June 8, 2021 the City Council of the City of Newport Beach awarded the above referenced contract to your firm. Please note: The City of Newport Beach is a self -insured municipality and our insurance certificate requirements are standard and generally require additional wording and endorsements. Please provide a copy of the insurance section of the contract to your insurance provider so they can supply the proper certificates and endorsements. Modification to these requirements will not be considered. Please return as a complete package, both signed original contracts and required insurance certificates, endorsements and bond documents to the City of Newport Beach, Public Works Department as soon as possible to the attention of: Raymund Reyes, Administrative Analyst Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 This will allow time for the City of Newport Beach to review and approve the insurance certificates and endorsements and execute the contract. The Contractor shall not commence work until a "Notice to Proceed" has been issued by the City. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. Upon approval, one fully executed original will be returned to your office for your records. Respectfully, Michael J. Sinacori, P.E. Assistant City Engineer I UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) v CONTRACT NO. 7979-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 8th day of June, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HOT LINE CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 9020 Brentwood Blvd., Suite H, Brentwood, CA 94513, 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 includes, but is not limited to, mobilization, traffic control, water pollution control, potholing and field verifications of existing utilities, trench construction, dewatering, furnishing and installing conduit with poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all associated items necessary for the conversion of existing overhead and electrical power, telephone, and cable television services to underground locations as required and intended by the Plans, Specifications, and further specified by Southern California Edison ("SCE"), AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113. Any costs resulting from work performed that was directed by Southern California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be compensated unless said work was approved by the Engineer prior to work commencing. Contractor shall perform all trenching, backfill, pavement restoration, resurfacing and replacement of existing improvements (public or private including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and other such items) associated with or resulting from the work identified herein. In areas where SCE plans show existing handholes are being upsized to accommodate additional conduits or where new conduits are being installed to accommodate the undergrounding efforts, SCE handhole and intercept work shall be included in the Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will be required to install all handholes and intercept vaults where live or dead electrical wires are to be encountered at service handhole and intercept locations. SCE requests that at least three locations be made available when Arizona Pipeline's efforts are required. Contractor is required to give (7) seven calendar days' notice of planned service hand hole or intercept efforts required by Arizona Pipeline (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. 7979-1, 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 Four Million Three Hundred Eight Thousand One Hundred Seventy Nine Dollars ($4,308,179.00). 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 Hot Line Construction, Inc. Page 2 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 Frank Barrett 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. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et 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 Hot Line Construction, Inc. Page 3 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: Carol G. Bade Hot Line Construction, Inc. 9020 Brentwood Boulevard, Suite H Brentwood, CA 94513 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 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) Hot Line Construction, Inc. Page 4 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 Contractor 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 Contractor on the Project. 11. PROGRESS Contractor 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 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. 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 Hot Line Construction, Inc. Page 5 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services 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 and/or Services, 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (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 Hot Line Construction, Inc. Page 6 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. 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. Hot Line Construction, Inc. Page 7 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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 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. Hot Line Construction, Inc. Page 8 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, 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. Hot Line Construction, Inc. Page 9 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] Hot Line Construction, Inc. Page 10 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 ATTO NEY'S OFFICE Date: By: 0,4,, Aaron C. Harp a� City Attorney 01o�,m�. ATTEST- Date. �(. �3' CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brav ry M CONTRACTOR: HOT LINE CONSTRUCTION, INC., a California corporation Date: By: Signed in Counterpart Carol G. Bade Chief Executive Officer Date: nSigned in Counterpart By: U Kelly G. Kutchera Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Hot Line Construction, Inc. Page 11 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 ATTORNEY'S OFFICE Date: Z f 'Zo'Z j By: 0-4, lam_ Por Aaron C. Harp City Attorney O5TM_ ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Avery Mayor CONTRACTOR: HOT LINE CONSTRUCTION, INC., a California corporation Date: 6/18/2021 7 By:� Carol G. Bade Chief Executive Officer Date: 6/18/2021 B: _j'-X"4"tL , , Kelly . Kutchera Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Hot Line Construction, Inc. Page 11 EXHIBIT A Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. SUR0068178 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Hot Line Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes, but is not limited to, mobilization, traffic control, water pollution control, potholing and field verifications of existing utilities, trench construction, dewatering, furnishing and installing conduit with poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all associated items necessary for the conversion of existing overhead and electrical power, telephone, and cable television services to underground locations as required and intended by the Plans, Specifications, and further specified by Southern California Edison ("SCE"), AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113. Any costs resulting from work performed that was directed by Southem California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be compensated unless said work was approved by the Engineer prior to work commencing. Contractor shall perform all trenching, backfill, pavement restoration, resurfacing and replacement of existing improvements (public or private including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and other such items) associated with or resulting from the work identified herein. In areas where SCE plans show existing handholes are being upsized to accommodate additional conduits or where new conduits are being installed to accommodate the undergrounding efforts, SCE handhole and intercept work shall be included in the Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will be required to install all handholes and intercept vaults where live or dead electrical wires are to be encountered at service handhole and intercept locations. SCE requests that at least three locations be made available when Arizona Pipeline's efforts are required. Contractor is required to give (7) seven calendar days' notice of planned service hand hole or intercept efforts required by Arizona Pipeline. 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, Argonaut 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 Four Million Three Hundred Eight Thousand One Hundred Seventy Nine Dollars Hot Line Construction, Inc. Page A-1 ($4,308,179.00) 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 Cade with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 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. Hot Line Construction, Inc. Page A-2 IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 16th day of June , 20 21. Hot Line Construction, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety 225 W. Washington 24th floor Chicago, IL 60606 Address of Surety (833) 820-9137 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 6/2Z ?.off_ By: OUL Aaron C. Harp City Attorney-�. ,. ,714 fill By: Authorized Agent Signature Lisa M. Lucas, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Hot Line Construction, Inc. Page A-3 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 }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose na e{ is/are subscribed to the within instrument and acknowledged to me that he/she/they executeja same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the ument the person(s), or the entity upon behalf of which the person(s) acted, executed the insme . _ I certify under PENALTY OF PERJURY under the laws of the State of Calif nla paragraph is true and correct. WITNESS my hand and official seal. Signature rety A notary public or other officer co leting t '\SEE AT ACHED ACKNOWLEDGMENT" certificate verifies only the identity ofjk6fndiviclual h signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid of that document. State of California / County of }ss. l On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Hot Line Construction, Inc. Page A-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 3 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 Calif is County of dk C On MN,I I ' �(/T before me, Zhodo, — Dot' t , , , Here Insert Name and Title of the Officer personally appeared 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), 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. �•. AMANDAGRACEKUTCHERA Notary Public -California Contra Costa County Commission k 2282721 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above 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. SignatureJ., �, l'-"4NAkh�J Signature of Notary Public OPTIONAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: ❑ Corporate Officer - Title(s ❑ Partner - ❑ Umite eneraI ❑ Individual ❑Attorney in Fact ❑ Truste ❑ Guardian or Conservator ❑ oar: Signer is Representing: ©2018 National Notary Association mber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �}¢A41i01f##44FY{�ti#t O �S 9#i4Atit{ �t$4}f9�FUt �f ktf�(4};;@Yit 4 -CALIFORNIA• •WLEDGMENT CIVIL CODE § 11&& 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 Contra Costa On UU-n e I LCI Oloa-1 before me, Date personally appeared Lisa M. Lucas Tanya Chinchilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name( is/M subscribed to the within instrument and acknowledged to me that Me/she/w executed the same in NX/her/XM authorized capacity(K-X), and that byXh/her/tXNXsignature(-�) on the instrument the personal, or the entity upon behalf of which the person() acted, executed the instrument. � ." ". TANYA CHINCHILLA OP terCOMM. # 2303388 NOTAR't,^UBLIC . CALIFORNIA +� CONTRA COSTA COUNTY n COMM. EXPIRES SEPT. 25�, 20233 - Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature — VN\A��� Si nature �jNotary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -es •rte •d •v •i •� •tv •rr •+/6'd'G'd,-a� '� -ri -ri -d -ems -a• •er •a• •d ••+6'a+'.-t� _� •v 'v 'y _� •� •v •d •v •ei •v •ei •.v •v -'1G'✓ '✓6'ei -u=•rr •er •ar O 1 • • • • • I1• • • :11 • " :11 •: •1 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. SUR0068178 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 32,312.00 , being at the rate of $ 12.24 slide thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Hot Line Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract includes, but is not limited to, mobilization, traffic control, water pollution control, potholing and field verifications of existing utilities, trench construction, dewatering, furnishing and installing conduit with poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all associated items necessary for the conversion of existing overhead and electrical power, telephone, and cable television services to underground locations as required and intended by the Plans, Specifications, and further specified by Southern California 'Edison ("SCE"), AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113. Any costs resulting from work performed that was directed by Souther California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be compensated unless said work was approved by the Engineer prior to work commencing. Contractor shall perform all trenching, backfill, pavement restoration, resurfacing and replacement of existing improvements (public or private including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and other such items) associated with or resulting from the work identified herein. In areas where SCE plans show existing handholes are being upsized to accommodate additional conduits or where new conduits are being installed to accommodate the undergrounding efforts, SCE handhole and intercept work shall be included in the Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will be required to install all handholes and intercept vaults where live or dead electrical wires are to be encountered at service handhole and intercept locations. SCE requests that at least three locations be made available when Arizona Pipeline's efforts are required. Contractor is required to give (7) seven calendar days' notice of planned service hand hole or intercept efforts required by Arizona Pipeline. 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 THEREFOR we, the Principal, and Argonaut Insurance THEREFOR , 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 Four Million Three Hundred Eight Thousand One Hundred Seventy Nine Dollars ($4,308,179.00) lawful money of the United States of America, said sum being equal to Hot Line Construction, Inc. Page B-1 100% 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. 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. Hot i7W&onstruction, Inc. Page B-2 IN WITNESS WHEREOF, and Surety above named, on the Hot Line Construction, Inc. Name of Contractor (Principal) this instrument has been duly executed by the Principal 16th day of June 20 21 . � ~l Bya Autho iz uref itle Argonaut Insurance Company Name of Surety 225 W. Washington 24th floor Chicago, IL 60606 Address of Surety (833) 820-9137 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ ()i 2 21 2.--, Z, I By:r Aaron C. Harp aa� City Attorney d�- B y. , Authorized Agent Signature Lisa M. Lucas, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hot Line Construction, Inc. Page B-3 F-1Tq.q DOWN417cTir, RVII 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 } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose mels is/are subscribed to the within instrument and acknowledged to me that he/she/they exec ed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on th instr meni the person(s), or the entity upon behalf of which the person(s) acted, exec ted the i u ent. I certify under PENALTY OF PERJURY under the laws of the State of Califo�r�at �fnregoing paragraph is true and correct. WITNESS my hand and official seal. Signature M (seal) SURETY A notary public or other Wcer completing this "SE ATTACHED ACKNOWLEDGMENT" 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 _ )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Hot Line Construction, Inc. Page B-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 i 3e 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 CalArnniia C? County of On before me, ii V Date , _ , , Here Jnseft Nome and Title of the Off icer personally appeared Nome(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), and that by his/her/thelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,.. °•, AMANDAGRACE KUTCHERA Notary Public - California z _ Contra Costa County Commission # 2282721 My Comm. Expires Mar 25. 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature amm- "dda/0 Signature of Notary Public OPTIONAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s ❑ Partner — ❑ Limited General ❑ Individual 11Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer ' epresenting: 020118 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: �eeae�e�fe� CALIFORNIA• • •GMENT CIVIL CODE § 1189 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 Contra Costa On Jun e- I to I aOa before me, _ Date personally appeared Lisa M. Lucas Tanya Chinchilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(, is/ subscribed to the within instrument and acknowledged to me that Me/she/$w executed the same in NG Vher/XIU authorized capacity(**), and that by4NX/her/tKNXs;ignature(6) on the instrument the person(M), or the entity upon behalf of which the person(* acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o_.WITNESS my hand and official seal. NVA'"HirJCHiu.A, 9 COMM. ## 2303388 t = m NOTARY ^UBLIC - CALIFORNIA, +� CON iI<A COSTA COUNTY 0 Signature CN84. EXPIRES SEPT, 25, 2023 -' �gnatur f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Tanya Chinchilla, Lisa M. Lucas, D. Richard Stinson, Nicholas Tan Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more that and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of in however, that the penal sum of any one such instrument executed hereunder shall not exceed the $85,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the foll Argonaut Insurance Company: xecute, seal and deliver for n suretyship provided, Board of Directors of "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsiile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the give4,power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and'contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its 16 to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May, 2017. Argonaut Insurance Company 0:SEAL a d�., ?sae by: STATE OF TEXAS Joshua C. Betz, Senior Vice President COUNTY OF HARRIS SS: ��'•.,,,*,,,.••'�,,, On this 8th day of May, 2017 A.D., befb a me, otary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF `1`tM NY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seat affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixedyand subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. �hpn KA3H! E ?� h9 MFEK;; Stn )' lox, N b...Zx �'•:n M1.�ierq :, ti SB78028 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. / v ,^ IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the day of �✓ �"� n e a� d ....,. o :�_ Y r r, _ •• James Bluzard , Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 Hot Line Construction, Inc. Page C-1 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 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 Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Hot Line Construction, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Hot Line Construction, Inc Page C-3 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 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. Hot Line Construction, Inc. Page C-4 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Hot Line Construction, Inc. Page C-5 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Monday, June 07, 20215:37 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7979-1 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7979-1 Hot Line Construction, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. Page 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 4 �gW PAR T C'14/FdRN�P ADDENDUM NO. 1 UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO 7.979-1 DATE: March 22, 2021 BY: 111" 11'( VV'vi City Engineer TO' ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. APPENDIX Add the attached Appendix F — Dunes Storage Area. SPECIAL PROVISIONS Add the following section: 5-2.2 Protection of Existing Utility Crossings The contractor will protect and prevent damage to existing city sewer mains and laterals, water mains and water service crossings during construction from potential hits/damages, trench settlement, compaction and other construction activities and be responsible to repair damages per City standards. 5-4 RELOCATION Add the following after the third paragraph: The contractor will be allowed to reuse unaffected boxes as they will all be replaced in a future pavement replacement project. Page 2 of 3 7-8.6.4 Dewatering Delete the eighth paragraph: - - - - - - - - T "it' - - -TMIM- - - - - - - - - - -IMMM- - - - - - - - - - ■ - 7-10.5 Steel Plates Replace the second sentence in the first paragraph with the following: In addition, steel plates shall be pinned to existing pavement surface when placed longer than one day. 306-1.1 Pipe Laying Replace the second sentence in the first paragraph with the following: Contractor shall furnish and install conduit to utility company specifications. 306-3 TRENCH EXCAVATIONS Replace the second paragraph with the following: Installation of underground utility facilities shall conform to the requirements per City Standard Drawing No. STD-106-L, the Standard Specifications and these Special Provisions. Page 3 of 3 601-1 GENERAL Add the following paragraph at end of this section: Contractor shall monitor the traffic control seven (7) days a week and provide an emergency contact phone number to be used for after-hours during weekdays and during weekends. Contactor is expected, as minimum, to check the traffic control devices in the mornings every day and be available for any emergency related calls from the after-hours phone number. Attachments: Appendix F. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Greg Griggs Bidder's Name (Please Print) 4/1 /2021 D e Estimator / P.M. o d Signature & Title Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO 7979-1 DATE: March 29, 2021 BY: City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — ail other conditions shall remain the same. NOTICE INVITING BIDS Change bid opening to 10:00 AM on April 7, 2021. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Greg Griggs Bidder's Name (Please Print) 4/1 Da - Estimator/ P.M. nature & Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.1 General 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 3 3 3 3 4 5 5 5 5 5 5 5 5 5 6 6 6 7 7 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 8 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 8 6-1.1 Construction Schedule 8 6-7 TIME OF COMPLETION 8 6-7.1 General 8 6-7.2 Working Days 9 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 9 6-9 LIQUIDATED DAMAGES 10 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 10 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 10 7-1.2 Temporary Utility Services 10 7-2 LABOR 10 7-2.2 Prevailing Wages 10 7-5 PERMITS 11 7-7 COOPERATION AND COLLATERAL WORK 12 7-8 WORK SITE MAINTENANCE 12 7-8.1 General 12 7-8.4 Storage of Equipment and Materials 12 7-8.4.2 Storage in Public Streets 12 7-8.6 Water Pollution Control 14 7-8.6.2 Best Management Practices (BMPs) 14 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 18 7-10 PUBLIC CONVENIENCE AND SAFETY 19 7-10.2 No Parking Signs 20 7-10.3 Street Sweeping Signs and Parking Meters 20 7-10.4 Notices to Residents and Temporary Parking Permits 21 7-10.5 Steel Plates 21 SECTION 9 - MEASUREMENT AND PAYMENT 21 9-3 PAYMENT 21 9-3.1 General 21 9-3.4 Mobilization. 22 PART 2 - CONSTRUCTION MATERIALS 23 SECTION 200 — ROCK MATERIALS 23 200-2 UNTREATED BASE MATERIALS 23 200-2.1 General 23 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 23 201-1 PORTLAND CEMENT CONCRETE 23 201-1.1 Requirements 23 201-1.1.2 Concrete Specified by Class and Alternate Class 23 201-2 REINFORCEMENT FOR CONCRETE 23 201-2.2 Steel Reinforcement 23 201-2.2.1 Reinforcing Steel 23 SECTION 203 — BITUMINOUS MATERIALS 23 203-6 ASPHALT CONCRETE 23 203-6.5 Type III Asphalt Concrete Mixtures 23 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 23 214-4 PAINT FOR STRIPING AND MARKINGS 23 214-4.1 General 23 214-6 PAVEMENT MARKERS 24 214-6.3 Non -Reflective Pavement Markers 24 214-6.3.1 General 24 214-6.4 Retroreflective Pavement Markers 24 214-6.4.1 General 24 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 25 25 25 300-1.3 Removal and Disposal of Materials 300-1.3.1 General 300-1.3.2 Requirements SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 302-5.4 Tack Coat 302-5.8 Manholes (and Other Structures) 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General 303-5.4 Joints 303-5.4.1 General 303-5.5 Finishing 303-5.5.2 Curb 303-5.5.4 Gutter SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-1 GENERAL 306-1.1 Pipe Laying 306-3 TRENCH EXCAVATIONS 306-3.1 General 306-3.1.1 Trench Excavation and Subgrade 306-3.1.2 Backfill of Trenches 25 25 25 26 26 26 27 27 27 27 27 27 27 28 28 28 28 28 28 28 28 28 29 29 29 31 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 32 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 32 314-4.1 General 32 314-4.2 Control of Alignment and Layout 32 314-4.2.1 General 32 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 32 314-4.4.1 General 33 314-4.4.2 Surface Preparation 33 314-5 PAVEMENT MARKERS 33 314-5.1 General 33 SECTION 315 — PULL BOXES, HANDHOLES, UTILITY BOXES, VAULTS AND COMPONENTS 33 315-1 GENERAL 33 PART 6 — TEMPORARY TRAFFIC CONTROL 34 SECTION 601— WORK AREA TRAFFIC CONTROL 34 601-1 GENERAL 34 APPENDIX A. AT&T REQUIREMENTS B. OCSD - SPECIAL PURPOSE DISCHARGE PERMIT APPLICATION & SAMPLE C. TIME WARNER CABLE & SPECTRUM VAULT INFORMATION D. DISCHARGE LOCATION POINTS TO STORM DRAIN SYSTEM E. OCSD PLANT NO. 2 STAGING AREA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113 (WEST BALBOA ISLAND) CONTRACT NO. 7979-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans; (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2021 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach Page 1 of 34 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class A, General Engineering, Contractor's license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. Contractor must have past or present experience working directly for the Southern California Edison Company (SCE) constructing underground civil improvements in order to qualify for this contract. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General Add the following: The included plans have been prepared by the three utility companies (Southern California Edison Company, AT&T Telephone, and Spectrum). The intent of the project is to use a joint trench to place electrical, telephone and cable television in the ground within the public right-of-way and easements as shown on the plans. The design for the use of joint trench was not optimized or even addressed in some areas. Contractor shall resolve such inconsistencies by identifying a joint trench alignment from the alternatives presented by the owning utilities and then placing all utilities into this joint trench. The resolution of these inconsistencies shall be considered included in the lump sum cost for the work and shall include but not be limited to realignment of main conduit runs, vaults, handholes, pullboxes, risers, service laterals and related facilities. The only exception to this requirement shall be in such places that a joint trench cannot be used because of physical constraints, utility companies design or operational characteristics, safety or where otherwise prohibited by law or other regulation(s). Such coordination work shall be performed in advance of actual construction to allow the utility companies time to provide input. Such work shall also include coordination necessary to align or realign that proposed facilities with existing utilities (such as water, sewer, storm drain, among others) that may be in conflict with the proposed facilities. Note that the advance notice requirements for utility mark -out has been extended to allow Contractor time to plan out the route of the joint trench along the various streets and utility corridors. Do not commence trench excavation until the City's representative has had an opportunity to review and provide input on the final joint trench location and alignment. For undergrounding of AT&T and Spectrum facilities, the Contractor shall comply with AT&T and Spectrum specifications included in the Appendices of these Specifications. Although the Spectrum plans may not clearly specify, please note that a Spectrum service will be required at every property where SCE & AT&T plans show a new underground service lateral. Page 2 of 34 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract includes, but is not limited to, mobilization, traffic control, water pollution control, potholing and field verifications of existing utilities, trench construction, dewatering, furnishing and installing conduit with poly -pull ropes including service lateral runs, utility pullboxes, handholes, vaults and all associated items necessary for the conversion of existing overhead and electrical power, telephone, and cable television services to underground locations as required and intended by the Plans, Specifications, and further specified by Southern California Edison, AT&T and Spectrum standards within UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 113. Any costs resulting from work performed that was directed by Southern California Edison, AT&T and Spectrum engineers, inspectors or other personnel will not be compensated unless said work was approved by the Engineer prior to work commencing. Contractor shall perform all trenching, backfill, pavement restoration, resurfacing and replacement of existing improvements (public or private including but not limited to driveways, fences, walls, signs, landscaping, mailboxes, and other such items) associated with or resulting from the work identified herein. In areas where SCE plans show existing handholes are being upsized to accommodate additional conduits or where new conduits are being installed to accommodate the undergrounding efforts, SCE handhole and intercept work shall be included in the Contractor's bid, however the SCE source contractor for this area (Arizona Pipeline) will be required to install all handholes and intercept vaults where live or dead electrical wires are to be encountered at service handhole and intercept locations. SCE requests that at least three locations be made available when Arizona Pipeline's efforts are required. Contractor is required to give (7) seven calendar days' notice of planned service hand hole or intercept efforts required by Arizona Pipeline. 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The contractor shall include in their bid a $75,000 allowance for survey work detailed below. As part of this contract, the contractor will be required to use Coast Surveying, Inc. of Tustin, CA. Coast Surveying, Inc. 15031 Parkway Loop, Suite B Tustin, CA 92780-6527 (714) 918-6266 Page 3 of 34 The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall contact the City's representative in the field to confirm that the existing monument has been located, can be removed and the Contractor shall restore the affected survey monuments at his sole expense. If the monument has not yet been located and prior to excavating trenches, Contractor shall allow not more than 2 days for City to locate the monument and tie it out. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. The cost of any replacement work resulting in a failure by Contractor to notice the City or City's surveyor of the existing monument(s) or allow reasonable time to tie the monument out, shall be deduced from payment(s) due to Contractor. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The underground cable and conduit system will not be staked for line or grade. It shall be the Contractor's responsibility to determine the depth of trenching required to maintain the minimum cover required by the utility owner in paved and unpaved areas and also to avoid interference with existing utility lines, mains and services. The drawings may or may not indicate construction of a joint trench in which to place the utilities. Except for service laterals, connections and adjustments to construct vaults, risers, or other such boxes, the intent of this contract is to place the existing overhead utilities underground in a single joint trench. The Contractor will ensure that the location of new work is within the right of way and/or easements of abutting and affected properties. Page 4 of 34 SECTION 3 - CHANGES IN WORK M1 *A, I0,11VIV61 N:1 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours Page 5 of 34 minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The location of existing underground utilities or substructures was determined from a search of each of the utility company's records. No guarantee is made or implied that the information is complete or accurate. The Contractor shall excavate, expose and protect all high -risk underground facilities. The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. It shall further be the Contractor's responsibility to modify any trench alignment - including conduit debt and structure alignment — necessary to protect and provide required minimum cover and clearance from existing underground utilities or structures. The cost of any re -alignment necessary to complete the work will be considered as part of the conduit and structure installation. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings by a method that does not damage existing surfaces. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. The Contractor shall notify the owners of all utilities and substructures as set forth in Section 7-10 Public Convenience and Safety of the Standard Specifications and these Special Provisions. The plans are schematic in nature. Contractor shall furnish and install all conduit required per the plans or the standards of the utility companies including bends, couplings, and pole risers and encase with concrete where shown on the plans. All conduits shall have 114 inch polypropylene pull rope installed including all service lateral runs to property line or other such designated point(s). Page 6 of 34 Stake or otherwise mark the terminus point of all conduit runs not terminating in a junction box, handhole or other such structure. Use a nail, metal stake, rebar or spike flush with the ground with orange or red colored flagging or paint (in paved areas) to depict the terminus of the conduit. Secure the conduit ends with tape or other such plug to avoid contamination. 5-2 PROTECTION Insofar as practicable during the progress of the work, no pipeline, conduit, sewer, culvert, storm drain, drainage ditch, flood control channel, pole line, street lighting system, overhead wires or cables, or underground wires or cables, either main line structures or laterals and services, or any other structure or facility, shall be disturbed, but all should be supported and protected against injury and maintained in good operating condition at the expense of the contractor. In no case shall any such property be disturbed or removed without the consent of the Owner. The Contractor shall be responsible for and make good all damage due to his operations. All operations of the contractor affecting flood control channels and drainage ditches, and the restoration thereof, shall conform to the requirements of the agency having jurisdiction. All services shall be maintained throughout the course of the construction. In the case of a disruption of service, Contractor shall work diligently to restore the service with the minimum of outage and disruption. In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-2.1 Abandoned Utilities The contractor shall include in their bid a $100,000 allowance for removal of abandoned utilities that interfere with proposed improvements that shall be compensated on a time and material basis at the direction of the City. 5-4 RELOCATION Utility relocations will be required within Assessment District No. 113, as a result of the undergrounding improvements. Contractor shall coordinate with Southern California Edison, AT&T and Spectrum to schedule the noted relocations of utility pedestals, and adjustments/replacement of vault lids. Contractor shall field verify that existing sewer lateral cleanouts do not interfere with proposed conduit trench locations as shown on plans. Any interfering sewer lateral cleanouts shall be relocated to back of property line per City Std 406-L. All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by Page 7 of 34 the Work shall be replaced to finish grade with new utility boxes. City will provide utility boxes at no charge to the Contractor. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Prior to issuing the Notice to Proceed for the Work, the Engineer will schedule a pre - construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, discuss employee parking of personal vehicles, ,discuss construction staging areas and clarify inspection procedures. 6-1.1 Construction Schedule The anticipated Notice to Proceed for this contract will be August 16, 2021. 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 baseline schedule and cost breakdown, in bar chart form showing the proposed dates of commencement and completion cost of each of the various parts of the work and the anticipated amount of each monthly payment that will become due the Contractor in accordance therewith, to the Engineer for approval a minimum of five (5) working days prior to the pre -construction meeting. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within One Hundred and Sixty (160) consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Page 8 of 34 Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 A.M. to 4:30 P.M. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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. 6-7.2 Working Days The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of as -built plans to the Engineer and the utility inspector(s) for approval prior to final payment or release of any bonds. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. Page 9 of 34 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 (3) 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. 6-9 LIQUIDATED DAMAGES 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 $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, 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 such water. 7-2 LABOR 7-2.2 Prevailing Wages Add the following. Page 10 of 34 In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-5 PERMITS The text of Subsection 7-5 of the Standard Specifications is hereby deleted and replaced with the following: The Contractor and all subcontractors shall each be licensed in accordance with State Business and Professions Code. The Contractor, at its own cost, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. The Contractor shall pay all costs incurred by the permit and license requirements, unless specified in this section. All groundwater, pipeline dewatering and flushing shall be discharged to the nearest sewer facility. When the discharge to the sewer system is not feasible, the Contractor may discharge to the storm drain by meeting the reporting requirements of the City's NPDES diminimus construction permit. The Contractor will be required to apply for a Special Purpose Discharge Permit from the OCSD for discharging of all groundwater, pipeline dewatering and flushing to the nearest sewer facility. A copy of the Application Form, Certification of Accuracy of Information, Sewer Connection Verification Statement, Certification of Responsible Officer and Option to Designate Signatory are attached as Appendix B. The Contractor will need to obtain this permit and comply with all of its requirements in order to discharge to the nearest sewer facilities. The permit fee is $2,427.56 and shall be paid by the Contractor. The Contractor shall allocate a minimum of fifteen (15) working days for this process. The Contractor will be required to analyze a representative sample of the groundwater to be dewatered by the Project, for Total Toxic Organics (TTO's), Volatile Organic Compounds, Selenium, Heavy Metals, Arsenic, and Total Dissolved Solids (as a minimum). In cases where chlorine addition is used for disinfection, the Contractor shall also monitor for chlorine. The Contractor will be required to install and maintain a desilting tank for settling and removal of solids in the groundwater before discharge to the sewer mains. Contractor will be required to install a flow meter on the discharge line from the desilting tank. The meter shall have a known accuracy of ±5%, and upon commencement of construction dewatering, the Contractor must report volume totals to OCSD on a weekly basis. A sample port with valve assembly shall be installed on the discharge line from the desilting tank, and in an accessible location for subsequent sampling by both the Contractor and OCSD. The Contractor will be prohibited from discharging during a rain/storm event. The Contractor shall conduct monitoring of the groundwater discharge as specified for the purpose of determining the status of compliance and suitability for discharge. For the purpose of monitoring the groundwater discharge associated with the Project, the Page 11 of 34 Contractor shall collect grab samples from the desilting effluent discharge within the first week upon commencement of the discharge, and lastly, approximately one month before project shutdown. The constituents to be analyzed will include heavy metals (chrome, copper, nickel, zinc), plus arsenic and selenium (by EPA method 6010B), total suspended solids, and total toxic organics (by EPA method 624). Copies of all sampling results/lab reports must be submitted to OCSD within 15 days of the sampling date. The project site is less than 1 acre, therefore, the preparation of a SWPPP is not required. The statewide general NPDES permit does not apply either to this project." 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shutdowns of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown of these City facilities. A four-hour shutdown of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shutdown 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 shutdown must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shutdown. The Contractor is required to cooperate with utility companies and must coordinate work with utility company operations at no additional cost to the City. 7-8 WORK SITE MAINTENANCE 7-8.1 General The construction sites must be swept clean at the end of each workday. No unauthorized debris from the construction project site will enter the City's storm drain system, either through Contractor's forces or by any subcontractors of the Contractor, without prior written approval by the Engineer. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 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 12 of 34 In addition, the Orange County Sanitation District (OCSD) Plant No. 2 located in Huntington Beach may be available for use as a staging area. It will be the contractor's responsibility to adhere and comply to the following OCSD conditions: This use of the OCSD staging area is for a period of 12-months from August 2020 through August 2021. At the request of the City, the agreement might be extended on a month -to -month basis. At any given time and without any specific reasons, OCSD will provide a 5-day notice or immediate notice to the City and City's Contractor to demobilize, restore the area to its previous condition and vacate the area assigned by OCSD. 2. City's Contractor will maintain insurance requirements required by OCSD throughout the entire period that is occupying the staging area at Plant No. 2. 3. Prior to mobilization, City's Contractor shall take photographs of condition of staging area and submit to the City and OCSD for record purposes to restore area to previous conditions. 4. City's Contractor parking is not allowed in the staging area designated by OCSD. There shall be no parking of Contractor's employee and personal vehicles on the public streets (i.e. along Brookhurst Ave near Plant No. 2). 5. For the Staging Area, the City's Contractor shall provide privacy screen on the security fence surrounding the areas. The vision screening shall be clean green material in good condition, ninety (90) percent visibility blockage minimum, double - thick folded edge, securely attached to the fencing using grommets on all four sides. Privacy screen shall extend at least six feet high or to the top of fence, whichever is less. Screen and attachment shall be designed to withstand a wind speed of 50 miles per hour. 6. City's Contractor shall accommodate work performed by other Contractors at Plant No. 2. 7. City's Contractor shall comply with all Storm Water Pollution Prevention Requirements and shall install required BMPs. OCSD might direct the City and City's Contractor to install or maintain certain BMPs within their staging area. City's Contractor shall comply within 24-hrs of OCSD's request. There will be no dirt tracking within Plant No. 2 and in any public streets used as hauling routes. Contractor will have a street sweeper available at all times. 8. The provided area shall be for staging of construction equipment and materials only. Additionally, work involving coatings, hot work, grinding, sandblasting and other work activities is prohibited. 9. Noise generated by the Contractor in or around the Plant 2 facility shall be kept below 55db anytime outside of the hours of Monday through Friday 7.00 am to 5:00 pm. No work will take place on Saturdays and Sundays. Page 13 of 34 10. Access to Plant No. 2 / Security: a. The CONTRACTOR shall make adequate provisions for protection of the work area against fire, theft, and vandalism, and for protection of public against exposure to injury. b. The CONTRACTOR shall be responsible for protection of the Project site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. c. No claim shall be made against OCSD by reason of any act of an employee or trespasser, and the CONTRACTOR shall make good all damage to OCSD's property resulting from CONTRACTOR's failure to provide security measures as specified. d. The CONTRACTOR shall provide security measures to protect OCSD's existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the Project site. e. All CONTRACTOR, SUBCONTRACTORS and truck delivery drivers shall be required to sign in at the OCSD's security station at the Banning gate. The CONTRACTOR shall coordinate the Banning gate security guard coverage with Projects. The CONTRACTOR shall provide security services at the Banning gate through the contracted security vendor (Securitas) for all Work outside of normal scheduled working hours. Refer to Appendix E for OCSD Plant No. 2 Staging Area Location Map. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 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. Page 14 of 34 The BMP will be approved by the Engineer prior to any work. The City 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 14.36.030 of the City's Municipal Code. Full compensation for water pollution control shall be considered included in the various items of work and no additional compensation will be allowed therefore. 7-8.6.4 Dewatering Add the following to the end of this section: "Groundwater will be encountered during the excavation of the project. The Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area if groundwater is encountered. The Contractor shall demonstrate experience with well point dewatering systems and their in-house capabilities or list a dewatering subcontractor who will perform these services. The Contractor's dewatering operations shall conform with all requirements of the OCSD's Special Purpose Discharge Permit. See Section 7-5, as amended, for specific requirements. The Contractor shall provide and maintain, at all times during construction, ample means and devices to promptly remove and properly dispose of all water from any source, including groundwater, and water migrating through the bedding of existing sewers or storm drains or other existing utilities, entering the excavations. Costs for dewatering of all water shall be the Contractor's responsibility and shall be included within the Linear Foot Price for Project Dewatering and no additional compensation will be allowed therefor. The Contractor shall confirm that the receiving sewer system has the capacity to take the estimated flows during dry and wet weather conditions and whether or not the water quality is acceptable and will not cause any permit violations. The following discharges are prohibited: oil, grease, fuel, sludge, trash, chemicals, and any other items which would adversely affect water quality. Water shall not be discharged into OCSD sewer facilities during a wet -weather storm event. For all dewatering operations, each disposal point shall have a calibrated, non-resettable totalizing effluent flow meter with a flow accuracy of plus or minus 5 percent to track the dewatering discharges. The Contractor shall submit weekly reports showing total amount of discharge at each point with meter readings and other data necessary to support the quantity reported. Also, an accessible sample collection point shall be provided immediately upstream of all points of discharge. The Contractor shall provide OCSD's Source Control staff and Page 15 of 34 Engineer unrestricted access to the facility and site to inspect, monitor, or verify compliance with OCSD's Permit requirements. All dewatering operations require the use of a desilting tank with a stainless -steel sampling port and a drip container so that the Engineer may collect periodic dewatering samples. Additionally, the desilting tanks shall be covered with sturdy and air -tight covers so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for silt removal or other maintenance activities. The desilting tank shall be located in a safe and easily accessible location. The system used for desilting the water shall be a baffled structure and shall provide not less than 5 minutes detention time and have a "flow - through" velocity not exceeding 0.2 foot per second at the anticipated peak flow. The desilting box shall be cleaned as required to maintain the detention time and flow -through limitations specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system. All dewatering operations with detectable levels of TTO's, or evidence of TTO's in the extraction zone, or significant amounts of volatile organics, may require the use of granular activated carbon (GAC) filters in lead -lag arrangement or other suitable technology to meet OCSD's TTO limit of 0.58 mg/L and mitigate an Lower Explosion Limit (LEL) event. Note that additional particle filtration is typically provided upstream of the GAC filters to prevent fouling and to extend the life of the carbon. The GAC filters shall be equipped with a stainless -steel sampling port and a drip container on the final stage discharge outlet so that the Engineer may collect periodic dewatering samples. Additionally, the GAC filters shall be air -tight so no odors can escape, and no illegal dumping is possible. The air -tight covers shall be maintained throughout the dewatering period, and only removed when necessary for carbon change out or other maintenance activities. The GAC filters shall be located in a safe and easily accessible location. Each GAC filter shall provide enough detention time to meet OCSD's TTO limit of 0.58 mg/L. The carbon shall be changed in the lead GAC filter when the TTO as measured in the discharge of the lead GAC filter is at 0.58 mg/L, or as required. The GAC filters and additional particle filtration equipment upstream of the GAC filters shall be cleaned as required to maintain the detention time and flow -through limitations as specified above. The intent is to avoid any addition of soil materials from dewatering operations into the receiving sewer system or fouling of the GAC filter carbon media. The method of pretreatment and point of disposal of water shall be subject to the District's Source Control staff and the Engineer's approval." If the contractor chooses to discharge construction site groundwater to the storm drain system, the contractor will be required to submit weekly flow data and monthly sample testing per the table shown below and meet all other requirements per the City's De Minimis Waste Discharge Permit with the California Regional Water Quality Control Board. For discharge points to the existing storm drain system, refer to Appendix D. Parameter Unit Sample Type Minimum Required Sampling Analytical Test Frequency Method Page 16 of 34 Flow Gpd Measured Each See Note 1 discharge event Total pg/L Grab Monthly See Note 1 Petroleum Hydrocarbons Oil and Grease m /L Grab Monthly See Note 1 Total Residual mg/L Grab Monthly See Note 1 Chlorine Total mg/L Grab Monthly See Note 1 Suspended Solids Total Inorganic mg/L Grab Monthly See Note 1 Nitrogen TIN Sulfate m /L Grab Monthly See Note 1 H Std. Units Grab Monthly See Note 1 Total Dissolved mg/L Grab Annually See Note 1 Solids Arsenic Total ug/L Grab Monthly See Note 1 Recoverable Cadmiun Total ug/L Grab Monthly See Note 1 Recoverable Copper Ng/L Grab Monthly See Note 1 Dissolved and Total Recoverable Lead Dissolved pg/L Grab Monthly See Note 1 and Total Recoverable Mercury Ng/L Grab Monthly See Note 1 Dissolved and Total Recoverable Nickel Total Ng/L Grab Monthly See Note 1 Recoverable Selenium Total pg/L Grab Monthly See Note 1 Recoverable Zinc Dissolved pg/L Grab Monthly See Note 1 and Total Recoverable Notes: 1. All laboratory analyses shall be performed in accordance with test procedures under 40 CFR 136 (revised as of September 27, 2017) "Guidelines Establishing Test Procedures for the Analysis of Pollutants," promulgated by the USEPA, unless otherwise specified in this MRP. In addition, the Santa Ana Water Board Page 17 of 34 and/or USEPA, at their discretion, may specify test methods that are more sensitive than those specified in 40 CFR Part 136. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add the following: PAVING RESTORATION: Alley concrete pavement restoration will be "trench width" only with 4-inch thick of fine mix hot asphalt concrete flush with existing undisturbed alley. The City will return later to repave (P.C.C.) concrete alley areas. Final pavement restoration for all street areas shall be T-trench per City standards and shall be a minimum width of six (6) feet for all trenching in the area. For trench lines that are within 3 feet of the curb, the existing concrete pavement shall be removed and replaced to edge of gutter in addition to the trench line. For bidding purposes, Contractor shall assume 12,500 square feet (SF) for concrete restoration and ten (10) inch replacement thickness. In addition, the Contractor is required to restore affected concrete curb and gutter, sidewalk, cross -gutters and alley approaches impacted by the work as follows: 1. Curb and gutter — Any trench line that crosses under existing curb and gutter shall be replaced with a minimum 10' linear foot length (generally 5' on each side of the disturbed area) per city Std-182-L. 2. Sidewalk — Any trench line that affects sidewalk, Contractor shall replace full - panels per city Std-180-L. 3. Cross gutters — Any trench that crosses under an existing concrete cross -gutters, Contractor shall replace the cross gutter from joint to joint (on each side of the disturbed area) per city Std-185-L. Cross -gutters shall be assumed 8-inches thick. 4. Alley approach — Contractor shall replace 6-foot minimum "T-trench width of all impacted alley approach per city Std-142-L and Std-143-L. T-trench restoration shall be assumed 18-inches on either side of trench line and concrete alley approach shall be assumed 8-inches thick. If saw cut lines are within 3-feet of a joint contractor shall replace concrete to the joint in addition to the minimum 6-foot width. On Cross -gutter and alley approach concrete restoration Contractor shall join existing concrete improvements by core drilling '/2 inch diameter epoxy coated rebar dowels placed at 24-inches on center. Private Improvements: Where private improvements appear to fall within the public right- of-way, Contractor shall request City to confirm the location of the right of way or easement line prior to removal of said improvements. In the event that subsurface, surface, or overhead utilities, fences, structures, or other facilities are required to be disturbed or removed to permit the construction of the improvements as provided hereunder, such disturbance or removal shall be done only with the approval of the City upon notification of the owner or owners involved by the City. The Contractor shall coordinate his operations with those of the owner or owners concerned with the Page 18 of 34 disturbances or removal of facilities so as to minimize the inconvenience imposed on all affected parties. Contractor shall not remove any improvements until such removal is authorized by City. When authorized, improvements shall be removed in such a manner as to leave a clean neat appearance. Existing landscaping, trees, hedges, or other such items shall be pruned as necessary to allow for the work within the right of way without impacting the health of the landscaping. If pruning is not a feasible, viable alternative, the landscaping shall be removed in its entirety within the limits of the impact along that particular fronting property. The last paragraph of Subsection 7-9 of the Standard Specifications is hereby deleted and replaced with the following: All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or reestablishing existing improvements as required above shall be considered included in the lump sum and no additional compensation will be allowed therefore. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 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 (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) The traffic control and detours must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with minimal 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 or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent and all property owners. On trash Page 19 of 34 collection days, the refuse company will start trash collection for alleys under construction at 7:00 AM. 5. Where work is performed, the contractor shall maintain a minimum one open travel lane at all times, unless otherwise specified by the City. Provide two flagmen around each excavation operation. Contractor will coordinate with the City in the preparation of detour plans for the various phases of work allowing only local resident traffic, if necessary. 6. Alleys can be closed to thru traffic, but pedestrian access shall be maintained to garages at all times except when excavating immediately adjacent to them. When excavation is immediately adjacent to garages, pedestrian access shall be restored at the end of each work week unless otherwise approved by the City. If necessary, the Contractor shall cover over the street sweeping "No Parking" signs on the streets immediately adjacent to the alley(s) under construction to allow for additional on -street parking with City provide "Permit Parking Only" signs. Contractor shall arrange to sweep all streets with covered "No Parking" signs. In addition, the Contractor will distribute Parking Permits to the impacted residents. Permits to be provided by the City. 7. All unutilized, non -construction related vehicles shall be legally parked. 8. The Contractor shall schedule all work in a fashion that minimizes inconveniences to the public. The Contractor shall complete the underground construction in one street/roadway/alley prior to moving to another. The Contractor may have multiple crews, but no two adjacent streets or alleys may be under construction at any one time. 9. Sidewalk closures shall beset with barricades and SIDEWALK CLOSED signs on barricades at the closure and detour path signs provided. 7-10.2 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. In addition, it shall be the Contractor's responsibility to notify the City Police Department's, Parking Control Division 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 will be provided at no cost. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the City prior to posting. 7-10.3 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction Page 20 of 34 with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. 7-10.4 Notices to Residents and Temporary Parking Permits Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent 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 alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. The written notices will be prepared by the City but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-10.5 Steel Plates Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards and type that minimizes noise (NO Welded bead type). In addition, steel plates shall be pinned and recessed flush with existing pavement surface when placed longer than one day. All trenching on street areas shall be base paved daily or utilize steel plates as defined here in. SECTION 9 - MEASUREMENT AND PAYMENT �*>N117_VdLTA 140kI 9-3.1 General Revise paragraph one and two to read: Contractor shall submit a detailed Schedule of Values for this lump sum bid to the Engineer within 3 days after award of contract for Page 21 of 34 review and approval. The agreed upon Schedule of Values will be used as a basis for monthly progress payments and will be agreed upon by the City and Contractor prior to the Award of contract. 9-3.4 Mobilization. Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all non -working days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials. The Contractor shall have on the work site at all times, as its agent, a competent English- speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer. Page 22 of 34 PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. 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 Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course shall be III-C3-PG 64-10 RAP. Asphalt concrete base course shall be III-B2-PG 64-10 RAP. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. Page 23 of 34 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Page 24 of 34 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General 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. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. 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. Page 25 of 34 SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General The Contractor shall furnish all equipment, labor, and materials required to remove and replace existing surface improvements in accordance with owning utilities Standard Specifications and these Special Provisions. Asphalt concrete for trench resurfacing shall be placed and rolled in accordance with the Plans, City of Newport Beach Standard Drawing No. STD-105-L (A-F), the Standard Specifications and these Special Provisions. Cutting and Removal: Asphaltic concrete pavement shall be cut in a neat and workmanlike manner. Care shall be exercised so as to not damage adjacent pavement or other improvements. Existing Portland cement concrete surfaces to be removed shall be neatly sawcut. Cut existing pavement to the dimensions shown on the City of Newport Beach Standard Drawing No. STD-105-L (A-F), the Standard Specifications and these Special Provisions. All asphalt concrete and Portland cement concrete removed from trench and structure excavations shall be removed from the site and disposed of by, and at the expense of, the Contractor. The thickness of street pavement varies at different locations. For bidding purposes, the contractor shall assume the following: LOCATION PAVEMENT SECTION COMMENTS ALLEYS 8" PCC STREET 10" PCC Subgrade Preparation: The subgrade shall be prepared by alternatively watering and cultivating the material until it is uniformly moistened to optimum moisture content for a depth of at least six (6) inches. The subgrade shall then be rolled with a steel roller or rubber tired roller until it is compacted to not less than 95 percent of maximum density as determined in accordance with ASTM D1556 or by nuclear methods, D 2922 or D 3017. The resulting surface shall be firm, hard, and unyielding, with a true, even, and uniform surface. Edges of existing pavement shall be sawcut to form a straight line. Crushed Aggregate Base: Crushed aggregate base shall meet the requirements of Section 200-2 and shall be constructed in accordance with Section 301-2.2 and 301-2.3 of the Standard Specifications. Place crushed aggregate base in accordance with the City of Newport Beach Standard Drawing No. STD-105-L (A-F), the Standard Specifications and these Special Provisions. Page 26 of 34 Temporary Resurfacing: Temporary bituminous resurfacing shall be replaced and maintained wherever excavations is made through pavement, sidewalk, or driveways. Temporary resurfacing shall be minimum of two inches in thickness. Aggregate for temporary resurfacing shall meet the requirements of Type II asphalt concrete, Class D, Section 203-6.3 of the Standard Specifications. Bitumen shall be Grade SC-800 liquid asphalt conforming to Section 203-2.4 of the Standard Specifications. The mixture may be furnished from stockpiles or directly from the plant mixer and may be laid cold, at the option of the Contractor. Temporary resurfacing shall be placed to the grade of existing surfaces and rolled and compacted as soon as the condition of the backfill is considered by the City to be suitable to receive such surfacing. The Contractor shall maintain all temporary resurfacing in proper, usable condition until the permanent resurfacing operations are to be commenced. Temporary resurfacing shall be removed and disposed of by the Contractor. 302-5.4 Tack Coat Where stipulated on the plans and specifications or required by the Engineer, a SS-1 h type emulsified asphalt tack coat shall be applied. A tack coat may be used only when approved by the Engineer. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in Section 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of 2% PolarSet portland cement mix or other chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements Page 27 of 34 303-5.1.1 General Sidewalks and curb access ramps shall following concrete placement. In addition, shall be repaired, and backfill or asphalt hours following concrete placement. 303-5.4 Joints 303-5.4.1 General be opened to pedestrian access on the day all forms shall be removed, irrigation systems ;oncrete patchback shall be placed within 72 The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-1 GENERAL This section includes specifications for trench excavation, construction of buried conduits, testing, backfill, and resurfacing. 306-1.1 Pipe Laying All conduit work shall be performed per the Plans, the Standard Specifications and these Special Provisions. Contractor shall furnish and install Schedule 40 PVC conduit (except for riser pipe, which shall be PVC Schedule 80). Conduit work shall include all bends, couplings, sweeps, risers, fittings, connections, and all necessary appurtenances. All conduits shall have '/4 inch polypropylene pull rope installed including all service lateral runs to property line or other such designated point(s). Stake or otherwise mark the terminus point of all conduit runs not terminating in a junction box, handhole or other structure. Use a nail, metal stake, rebar or spike flush with the ground with orange or red colored flagging or paint (in paved areas) to depict the terminus of the conduit. Secure Page 28 of 34 the conduit ends with tape or other such plug to avoid contamination. Installation of pull rope in all conduits shall comply with appropriate sizes and type per applicable utility company standards. Installation of plugs and markers shall comply with the applicable utility company standards. Mandrel all installed conduits to the satisfaction of the utility company inspector(s), including testing and re-mandreling as necessary. 306-3 TRENCH EXCAVATIONS This section includes specifications for trench excavation, construction of buried conduits, testing, backfill, and resurfacing. Installation of underground utility facilities shall conform to the requirements per City Standard Drawing No. STD-106-A, the Standard Specifications and these Special Provisions. Contractor shall submit trench shoring plan with design of shoring, sheeting, bracing or other provisions. Trench shoring shall be prepared by a State of California -licensed Civil or Structural Engineer. The acceptance of the trench shoring plans submitted is only an acknowledgement of the submission and does not constitute review or approval of the designs, design assumptions, criteria, completeness, applicability to areas of intended use, or implementation of the plans, which are solely the responsibility of the Contractor and it's California -registered Civil or Structural Engineer. 306-3.1 General The Contractor shall perform all excavation necessary or required for the construction of the improvements as shown on the drawings. Excavations shall include the removal and disposal of all materials of whatever nature encountered, including all obstructions of every nature that would interfere with the proper execution and completion of the work. The work shall include all pumping, ditching, and other required measures for the removal or exclusion of water. Add the following subsection: 306-3.1.1 Trench Excavation and Subgrade General: Trenches shall be excavated to a line and grade and be of a minimum width necessary for proper conduit installation. Where exclusive trench work is needed, the minimum conduit cover identified in each utility owner's current standard specification or installation guide may be followed. All trenches called for to be excavated in a utility easement which runs through private or public property shall be hand dug, unless otherwise approved by the Engineer. Except as otherwise provided herein, excavation for the improvements shall be in open - cut trenches. The maximum length of open trench shall not be greater than 300 feet, or the distance to accommodate the amount of conduit installed in a single day, whichever is the lesser. The distance is the collective length including excavation, conduit laying and backfill which has not been temporarily resurfaced. Page 29 of 34 Trench width shall be outside diameter plus twelve (12) inches minimum or outside diameter plus twenty (20) inches maximum, including thickness of trench shoring or sheeting in conformance with City Standard Drawing No. STD-106-L. Access to Trenches: Safe and suitable ladders which project two feet above the top of the trench shall be provided for all trenches over five feet in depth. One ladder shall be provided for each one -hundred feet of open trench, or fraction thereof, and be so located that workmen in the trench need not move more than fifty feet to a ladder. Public Access: Whenever required for the convenience of the public or individual residents, at saw crossings, at private driveways, or elsewhere, the Contractor shall provide suitable temporary bridges over unfilled excavations, except in such cases as the Contractor shall secure the written consent of the individuals or public authorities concerned to omit such temporary bridges. Contractor shall refer to Section 601-1 of the Standard Specifications and these Special Provisions for steel plates for temporary bridges. Temporary Surfacing: Immediately after completion of backfilling in paved streets and roadways, a two-inch layer of temporary asphalt concrete paving, the mix thereof to be approved by the City, shall be placed and rolled over the backfill. Temporary surfacing shall be of such quality and so placed and maintained as to provide a smooth surface level with adjacent existing paving. At no time shall excavation operations advance ahead of temporary paving by distance of 300 feet, Temporary surfacing shall remain in place until permanent resurfacing is placed. All streets and roads used shall be kept free from dust, mud, rocks, and gravel. Drainage: The Contractor shall take care of drainage water from the construction operations, and of storm water and wastewater reaching the site of the work from any source. The Contractor shall be responsible for any damage to persons or property on or off the right-of-way due to such drainage water or to interruption or diversion of such storm water on account of his operations. Contractor shall refer to Section 7-8.6 of the Standard Specifications and these Special Provisions for water pollution control. Supports: Excavations shall be supported in a safe manner meeting the requirements of the California Division of Industrial Safety. For supports for excavations five feet or greater in depth, Contractor shall submit a trench shoring plan in compliance with Section 306-3 of the Standard Specifications and these Special Provisions. Excess Excavation: Whenever excavation is made below the required trench bottom, suitable and approved bedding material (in conformance with City Standard Drawing No. STD-106-L and Section 306-6 of the Standard Specifications) shall be used to bring the trench back to proper grades. Properly moistened approved bedding material shall be deposited in the trench in uniform layers not exceeding six (6) inches thick and compacted to 90% minimum relative compaction. The material shall be compacted by use of power driven tampers of an approved type and in a manner satisfactory to the Engineer. The trench bottom shall then be prepared to receive the conduits or other such structures as indicated by the plans. Page 30 of 34 Rock: Where rock or similar hard and unyielding material is encountered, the trench shall be over excavated to provide a minimum of six (6) inches below all conduit and accessories, and refilled to foundation grade with granular materials, suitable for bedding. Bell Holes: Conduit shall be laid only on properly prepared trench bottom shaped to provide continuous contact with the pipe. Bell holes are not required. Excess Material: Excess excavated material removed from site shall be disposed of by the Contractor at his expense at a disposal site approved by the Engineer. The route (through the City) for trucks hauling excess excavated material shall be approved by the Engineer prior to removal of any material from the project area. The amounts, type, and destination of disposed excess excavated material shall be properly documented in writing to the City. Compaction: After conduit installation, trench bedding and backfill shall include sand shading and compaction to the satisfaction of the Engineer, in conformance to the project plans, City Standard Drawing STD-106-L, Subsection 306-6 of the Standard Specifications, and these Special Provisions. Select material taken from excavation shall be free from stones or boulders larger than two inches in diameter, from chunks of pavement, and from large unbroken masses of earth, free of tree roots, branches and sticks. Imported granular backfill material shall be approved loose, granular materials, free from humus, and having a sand equivalent of not less than 30 as determined by laboratory tests. The Contractor, at their own expense, shall submit a certification of material quality to the Engineer prior to placement. Select or imported granular backfill shall be placed simultaneously on both sides of the conduit and shall be completely worked around the conduit and consolidated by sluicing or jetting with water. Before additional material is placed upon the portion of the backfill consolidated by sluicing or jetting an adequate interval of time, as determined by City, shall be allowed to permit reduction of the water content to a degree affording maximum practicable compaction. After the water has drained out as required, the Contractor shall use water jets or other approved means to increase the consolidation until no further consolidation can be obtained. Only material susceptible to satisfactory consolidation by sluicing and jetting shall be used for granular bedding and backfill. Material used for the remainder of the backfill above the top of the conduit shall be selected from that removed from the excavation or shall be imported at the option of the Contractor, brought to near optimum moisture content and compacted by jetting with water or by mechanical equipment. Equipment used for compaction when earth cover on the conduit is three (3) feet or less shall be rollers or vibratory tampers. Use of equipment which compacts by impact will not be permitted. 306-3.1.2 Backfill of Trenches Preparation: Prior to placing backfill, the area to receive the fill material shall be cleaned to remove all trash and debris. Page 31 of 34 Materials: Material used for trench backfill shall be selectively taken from the excavation or shall be imported granular material approved by the Engineer. Placement and Completion: Where supports of any nature are used in the trench, said supports shall be removed unless otherwise approved by the Engineer. Where tight sheeting is used, it shall be removed systematically as soon as practicable after backfilling by pulling alternating pieces along each side of the trench alternating also from one side of the trench to the other. Compaction: Structure and trench backfills shall be compacted to the specified relative percent of the maximum dry density as determined by ASTM D1557. Compaction tests performed in the field will be done in accordance with ASTM D1556 (sand cone) or by nuclear methods, ASTM D2922 or D3017. The Contractor shall perform, at its sole expense, all necessary testing to certify that material and sole compaction of the project meet these specifications. The Contractor shall conduct and provide compaction test results for every 150 linear feet of conduit from a lab approved by the Engineer. Compaction test are at the expense of the Contractor. The Contractor shall make all necessary excavations for compaction tests, as directed by the Engineer, and all work in connection with compaction testing by the Contractor shall be included in the various items of work and no additional compensation will be allowed therefore. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. Any existing alley yellow right-of-way striping or white stop bars that is removed due to trenching shall be replaced within 5 days of final paving operations. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings Page 32 of 34 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 15 days. Section 315 is hereby added as follows: SECTION 315 — PULL BOXES, HANDHOLES, UTILITY BOXES, VAULTS AND COMPONENTS 315-1 GENERAL The Contractor shall furnish and install all junction boxes and vaults as necessary or as shown on the Plans, Standard Specifications, these Special Provisions and the Utility Company's standards. If located in the roadway or traffic areas, traffic rated covers (to meet H-20 loading) are required. All junction boxes, handholes, vaults pull boxes, and components, such as vault covers, ladder, vents and vent pipes, shall meet or exceed the requirements of the utility companies. Contractor shall lay out all junction boxed, handholes, vaults, pullboxes, etc. to ensure that structures do not compromise street integrity and are located out of drainage courses and street flowline. Layout to be approved by the Engineer prior to construction. Backfill Around Transformer Enclosures: Backfill between the transformer enclosures and natural soil shall consist of a mixture of ten parts of sand to one part of Portland cement. Water shall be added to the mixture to produce a slurry which will fill voids when placed in the excavation. Page 33 of 34 PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected areas. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. Additionally, steel plates utilized for trenching shall be the slip resistant type per Caltrans standards and capable of carrying H-20 wheel loading. Plates shall have a minimum width equal to the excavation width plus 24 inches. Page 34 of 34