HomeMy WebLinkAboutC-7901-1 - Police Department Parking Lot Maintenance Project8/27/25. 4:13 PM
Batch 19753770 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 I� II III II� IIII II �I�� II II NO FEE
*$ R 0 0 1 5 7 6 6 9 6 6$
2025000238024 03:56 pm 08/27/25
486 NCOUNTY5 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive,
Newport Beach, California, 92660, as Owner, and Elegant Construction, Inc. of Irvine,
California, as Contractor, entered into a Contract on 09/26/2023. Said Contract set forth
certain improvements, as follows:
Police Department Parking Lot Maintenance Project Contract No. 7901-1
Work on said Contract was completed, and was found to be acceptable on
August 26, 2025, by the City Council. The title to said property is vested in the Owner and
the Surety for said Contract is Assured Partners of California.
BY
5a-vic Kebb, Publi�rWorks 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 4Y1% �0 Z S , at Newport Beach, California.
https://gs.secure-erds.com/Batch/Confirmation/l9753770 2/3
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 Elegant Construction, Inc. of Irvine,
California, as Contractor, entered into a Contract on 09/26/2023. Said Contract set forth
certain improvements, as follows:
Police Department Parking Lot Maintenance Project Contract No. 7901-1
Work on said Contract was completed, and was found to be acceptable on
August 26, 2025, by the City Council. The title to said property is vested in the Owner and
the Surety for said Contract is Assured Partners of California. _
I:yJ
David Webb, Publi�rWorks 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 0 Z S at Newport Beach, California.
I:YJ
CITY OF NEWPORT BEACH
a-
r NOTICE INVITING BIDS
U Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
Before 2:00 PM on the 5t" day of November 2024,
at which time such bids shall be opened and read for
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
$400,000
Engineer's Estimate
Approved by
,lames M. Houlihan, P.E.
eputy PWD/City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanylD=22078
MANDATORY PRE -BID SITE WALK:
A mandatory site walk will be conducted for this project on October 22, 2024 at 10:30
AM at the site located at 870 Santa Barbara Dr, Newport Beach, CA 92660
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 1821 East Dyer Road # 125, Santa Ana, CA 92705
Contractor License Classification(s) required for this project: "A"
For further information, call Ellis Petersen, P.E., Project Manager at (949) 644-3014
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
https://www.newportbeachca.gov/government/data-hub/online-services/bids-rfps-vendor-
registration
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS...................................................................................... 3
BIDDER'S BOND............................................................................................................ 6
DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .......................................... 10
NON -COLLUSION AFFIDAVIT..................................................................... 14
DESIGNATION OF SURETIES...................................................................... 15
CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 16
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER..................................................................... 19
NOTICE TO SUCCESSFUL BIDDER........................................................................... 22
CONTRACT.................................................................................................................. 23
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
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope before the bid opening)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening.
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
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. Original, sealed
copies must be submitted to the City Clerk's Office before the Bid Opening. The title of the
project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of
the envelope containing the documents.
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,
3
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
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
0
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.
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.
The signature below represents that the above has been reviewed.
1053447 License: A, B, C8, C12, C13, C36, C54
Contractor's License No. & Classification
1000406720 06/30/2026
DIR Registration Number & Expiration Date
Elegant Construction Inc.
Bidder
y�
Hazem Almassry / Vice president
Authorized Signature/Title
11 \5\2024
Date
City of Newport Beach
POLICE DEPARTMENT PARKING LOT RECONFIGURATION
Contract No. 79014
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of -Ten Percent of the Total Amount Bid --
-- -- ------ --- Dollars ($ — io% --- 1, W be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of POLICE
DEPARTMENT PARKING LOT MAINTENANCE, Contract No. 7901-1 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 Surety from its obligations
under this Bond.
Witness our hands this i�t day of November . 2024.
Elegant Construction, Inc.s$
Name of Contractor (Principal) '• vice p �S l�i
The Gray Casualty 8 Surety Company
Name of Surety
P.O. Box 6202, Metairie, IA 70M - 6202
Address of Surety
(504) 888-7790
Telephone
Authorized ignature
Christina Rogers, Aflomey-in-Fact SEAL
Print Name and Title
(Notary acknovAedgrnent of Principal & SuretV must be attached)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California I
County of Orange
On NOV 0 1 20Z4
personally appeared
before me, Albert Melendez Notary Public,
Christina Ropers
who proved to me on the basis of satisfactory evidence to be the person(x) whose name(A) is/ate
subscribed to the within instrument and acknowledged to me that ke/she/thty executed the same
in lfs/her/their authorized capacity(ixs), and that by bds/her/their signature(o on the instrument
the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALSERF MELENOEZ
Notary Public - California
Orarip County
commission " 2391461
My Carta:. E .T_ Jan 23, 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Performance Bonding
08/07/2024 15:21 3331980 4026
THE GRAY INSURANCE COMPANY
TIIE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Nam her.- NIA - P 7J Bond Principal: Elegant Construcbm Inc.
Project: Police Department Panting Lot Maintenance, Contract No. 7901-1
KNOW ALL BY fIII SI: PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and
appoint; Melissa Lopez, Vanessa Rambvz, Jonathan Batin, Zyanya Hernandez, Jennifer AAaya, Joaquin Perez, Albert Melendez, Chrisina
Rogers, Frederic M. Archerd, Jr., ]any Martha Langley, Martha Barreras, Va Cgs Chiang, and Erik Johaasson of Tustin, California
jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver,
for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be
required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this
authority shall exceed the amount of
$25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Suety Company at meetings duly called and held on the 261' day of
June, 2003.
"RESOLVED, that the President: Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to
execute a power of Attorney qualifying the attorney named in the given Power of Attomey to execute on behalf of the Company bonds,
undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and
to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company artd The Cray Casualty & Surety Company have caused their official seals to be hereintn
affixe and these presents to be signed by their authorized officers this 4te day of November, 2022.
r
r
SEAL By: �L SEAL
Vichael T. ray
President Cullen S. Piske
President
The Gray Insurance Company The Gray Casualty & Surety Company * �,
State of Louisiana
ss:
Parish of Jefferson
On this Th day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance
Company, and Cullen S.1' isl<c. President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged
that they signed the above Power of Attorney and affixed the seals of the companies as officers olj and acknowledged said instrument to be the
voluntary act and deed, of their companies.
UV �w+ Cot,-'---
�; ;Lei6i, A ,e Henican 6
Notary Public
Notary ID No.9253 Leigh Anne ��
4t,Orleans Parish, Lou63 o Notary Public' Parish of Orleans State of Louisiana
My Commission is for Life
1, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a bw and correct copy of a
Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and
affixed the seals of the Company this 1st day of November , 2024
o"P44-�rmo-6
I, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a tnw and correct
copy of a Power of Attorney given by the eomnarrics which is still in full force and effect IN WITNESS WHEREOF, 14a-.v set my hand
and affixed the seals of the Company this 1st day of November _ 2024
U
SU H A y77 a ed
SEAL SEAL
THE LejiRAY
SURETY
The Gray Insurance Company
The Gray Casualty & Surety Company
Telephone: 504-780-7440 P.O. Box 6202
info@graysurety.com Metairie, LA 70009
Surety Bond Seal Addendum
In response to the logistical issues associated with the Covid-19 pandemic, The Gray Insurance
Company and The Gray Casualty & Surety Company, (individually, the "Company" and
collectively, the "Companies") have authorized the Attorneys -in -Fact named on the Power of
Attorney attached hereto and incorporated herein by reference to affix the Companies` seal to
any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this
Addendum to said band.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the
Companies by such Attorney -in -Fact, each Company hereby agrees that the seal below shall
be deemed affixed to said bond to the same extent as if its raised corporate seal was physically
affixed to the face of the bond.
Dated this V Day of January 2021
CC oa.�-'6^SGq
n{ SEAL T SEAL
Cullen S. Piske
President, The Gray Casualty & Surety Company
Attorney -in -Fact, The Gray Insurance Company
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy-. or validity of that document.
State of California
County of Orange
On NOy�Wlh`.vf Zw'Jl�llbefore me, Kevin J. Cobientz ,Notary Public,
personally appeared VI-n G ,
who proved to me on the basis of satisfactory evid nce to be the persopW whose
names --)-Ore subscribed to the within instrument and acknowledged to me that
1 e 4he/they executed the same irGiZber/their authorized capacity(, and that by
(hher/their signatures on the instrument the persor the entity upon behalf
of which the person{-&)—acfed, 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. lN J. COBLENKB
m
m COMM...2388886 n
ar NOTARY PUBLIC-CALIFORNIA —i
0 �t � ` oRWCE COUNTY tJ
Signature49i: _ sa y Term Exp. Decetnbsr 31, 2025
ADDITIONAL INFORMATION (OPTIONAL)
DESCRIPTION OF THE
ATTACHED DOCUMENT
(Title or description of attached doeumenll
(Tale or description of mached document continued)
Number ofpages Document Date
(Additional mformation)
NOTARY PUBLIC
CONTACT INFORMATION
The UPS Store
8583 Irvine Center Drive
Irvine, CA 92618
(949) 336-7724 tel
(949) 336-7969 fax
store6814@theupsstore.com
www.TheUPSStore.com/6814
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid 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. Bidders must also include
DIR registration numbers for each subcontractor.
Elegant Construction Inc. Hazem Almassry / Vice president
Bidder Authorized Signature/Title
9
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name Elegant 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 $150,000, provide the following information:
No. 1
Project Name/Number
Project Description
"El Toro High School RESTROOMS & SHOWER ALTERATIONS AT BLDGS. 'F' AND 'N' BID 22-04F"
"Renovation of restrooms including, Demolition and replacement of walls
Approximate Construction Dates: From May - 2023
Agency Name Saddleback Valley Unified School District
Contact Person Doug Monfils
To: October - 2023
Telephone (
) 949-580-3374
Original Contract Amount $ 894,000 Final Contract Amount $ $ 917,537.02
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Ordres
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
10
No. 2
Project Name/Number Neighborhood Park Renovations: Borrego Overlook, Rancho Serrano, and Regency Parks (PW 2017-17E)
Project Description
Approximate Construction Dates: From February - 2023 To: May - 2023
Agency Name City Of Lake Forest
Contact Person Naz Mokarram
Telephone (
) 949-461-3490
Original Contract Amount $936,893.50 Final Contract Amount $ 942,287.90
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Ordres
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 "GREAT PARK SHADE IMPROVEMENTS — PHASE 1 CIP 362013 BID NO.22-3190"
Project Description Parking lot improvements and Pool deck replacement
Approximate Construction Dates: From Jan - 2023
Agency Name City Of Irvine
Contact Person Bobby Ghaemi
To: May - 2023
Telephone ( ) 714-345-5002
Original Contract Amount $ 1,0a1,25o.00 Final Contract Amount $ 1,041,250.00
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
11
No. 4
Project Name/Number IVC - Irvine Valley college Shade Structure
Project Description
Shade Structures and Site Improvements
Approximate Construction Dates: From December 2023 To: May - 2024
Agency Name South Orange County Community Collage District
Contact Person Anna Petrossian
Telephone ( ) 949-451-5708
Original Contract Amount $ 769,000 Final Contract Amount $ 755,426.76
If final amount is different from original, please explain (change orders, extra work, etc.)
Change Ordres
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 Police Department Communication Center Renovation
Project Description
Approximate Construction Dates: From September 2023 To: May - 2024
Agency Name City of Huntington Beach
Contact Person John Martin
Telephone (
714-375-5011
Original Contract Amount $ 1,680,000 Final Contract Amount $ 1,680,000
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
12
No. 6
Project Name/Number NMUSD Renovation of District Warehouse
Project Description
Approximate Construction Dates: From Jan - 2024
Agency Name Newport -Mesa Unified School District
Contact Person Joshua Rochelle
To: May - 2024
Telephone (
714-490-4000
Original Contract Amount $ 950,000 Final Contract Amount $ 950,000
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on -site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Elegant Construction Inc Vice President ~
Bidder Authorized Signature/Title
13
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
NON -COLLUSION AFFIDAVIT
State of California )
ss.
County of Orange )
Hazem Almassry being first duly sworn, deposes and says that he or she is
Vice President, CFO of Elegant 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 undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the Sate of California that the foregoing is true and correct.
Elegant Construction Inc. Hazem Almassry /Vice president
Bidder Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on this 5 day of NOVEMBER , 2024
by Hazem Almassry , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
See attacehd
Notary Public
[SEAL]
My Commission Expires:
GO N STR
.�CRPO RqGO
UJ
SEAL Z-
2019 n
14
C �F,o R\4\
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
DESIGNATION OF SURETIES
Bidder's name Elegant 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):
1.Assured Partners of Califonia (Foothill Ranch) Phone Number: 949-769-3100
Address: 27042 Towne Centre Drive, Suitr 120, Foothill Ranch, CA 92610
2. Performance Bonding Surety & Insurance Brokerage Phone Number: 714-505-7011
Address: 2079 N Warwick Avenue Meridian ID 83646
3.The Gray Casualty & Surety Company Phone Number: 504-780-7440
Address: P.0 Box 6202 Metairie LA 70009
4. Pascal Burke Insurance Brokerage Inc Phone Number: 877-893-7629
Address: 2102 Business Center Drive Ste 280 Irvine CA92612
5.Kinsale Insurance Company
6. Hamilton Select Insurance Inc
7. Infinity Select Insurance Company
15
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name Elegant 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
2023
2022
2021
2020
2019
Total
2024
No. of contracts
5
7
7
1
2
2
24
Total dollar
Amount of
Contracts (in
$ 5,303,857
$3,338,159
$1,121,654
$ 47,000
$135,400
$ 61,052
$ 10,007,122
Thousands of $
No. of fatalities
N/A
No. of lost
Workday Cases
N/A
No. of lost
N/A
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder Elegant Construction Inc
Business Address: 15375 Barranca Parkway suite J-103 Irvine CA92618
Business Tel. No.: 949 444-5161
State Contractor's License No. and
Classification: 1053447 A, B, C8, C12, C13, C36, C54
Title Vice President
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
Date 11 \5\2024
Title Hazem Almassry / Vice president
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Elegant 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 Signature
NSA
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
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: Elegant Construction Inc
Business Address: 15375 Barranca Parkway, suite J-103, Irvine CA92618
Telephone and Fax Number: 949 444-5161
California State Contractor's License No. and Class: #1053447 CLASSIFICATION: A, B, C8, C12, C13, C36, C54
(REQUIRED AT TIME OF AWARD)
Original Date Issued:05/13/2019 Expiration Date: 05/31/2025
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:
Hazem Almassry / Vice President
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name
Title
Address
Telephone
Hazem Almassry Vice President 15375 Barranca Parkway suite J-103 Irvine CA92618 949 444-5161
Samer AI Hakim President 15375 Barranca Parkway suite J-103 Irvine CA92618 949-630-6029
Corporation organized under the laws of the State of California
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
k MA
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;
N/A
Briefly summarize the parties' claims and defenses;
N/A
Have you ever had a contract terminated by the owner/agency? If so, explain.
No
Have you ever failed to complete a project? If so, explain.
No
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 M
20
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Elegant Construction Inc
Bidder
Samer Al Hakim
(Print name of Owner or President
of Corporation/Company)
_42,8
Authorized Signature/Title
President
Title
11 \5\2024
Date
On before me, , Notary Public, personally appeared
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
21
(SEAL)
See attacehd
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract Documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required
by the Contract documents and delivered to the Public Works Department within ten (10)
working days after the date shown on the Notification of Award to the successful bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by the
Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the
insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed
will not be issued until all contract documents have been received and approved by the City.
22
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
SAMPLE CITY
CONTRACT
23
POLICE DEPARTMENT PARKING LOT MAINTENANCE
CONTRACT NO. 7901-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day
of January, 2025 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and ELEGANT
CONSTRUCTION INC, a California corporation ("Contractor"), whose address is 15375
Barranca Parkway #J103, Irvine, CA 92618, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of: Back parking lot -
Performing digouts, crack sealing, slurry sealing, and restriping in multiple phases
and instilling 2 concrete pads. Front parking lot - Removal and replacement of all
asphalt, addition of parking with associated retaining walls, curbs/gutters, grading
and drainage improvements and Installation of a new driveway (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. 7901-1, 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 Five Hundred Eighty Five Thousand Dollars ($585,000.00).
3.2 This compensation includes:
3.2.1 Any loss or damage arising from the nature of the Work;
3.2.2 Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the Work; and
3.2.3 Any expense incurred as a result of any suspension or
discontinuance of the Work, but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and
which loss or expense occurs prior to acceptance of the Work by City.
4. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable times during
the term of the Contract. Contractor has designated Samer Al Hakim 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
Elegant Construction Inc Page 2
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
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: Director of Public Works
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Samer Al Hakim
Elegant Construction Inc
15375 Barranca Parkway #J-103
Irvine, CA 92618
Elegant Construction Inc Page 3
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)
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.
Elegant Construction Inc Page 4
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
14.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Contract shall be paid to all workmen employed on the
Work to be done according to the Contract by the Contractor and any subcontractor. 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. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation thereof.
14.2 If both the Davis -Bacon Act and State of California prevailing wage laws
apply and the federal and state prevailing rate of per diem wages differ, Contractor and
subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per
diem wages are on file at the City, Office of the City Clerk, 100 Civic Center Drive,
Newport Beach, California 92660, and are available to any interested party on request.
Elegant Construction Inc Page 5
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
Elegant Construction Inc Page 6
negligence orwillful 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.
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
Elegant Construction Inc Page 7
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.
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.
Elegant Construction Inc Page 8
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.
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]
Elegant Construction Inc Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 0 Z-0
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: I I Z pW
By: By:
Aar C. Harp Joe Staf leton
City Attorney �a/SIMayor
ATTEST:
Date: I / 29 /Z o z S
By:
doe L ila i I. Brown
City Clerk
Pp��
O4
u
CONTRACTOR: ELEGANT
CONSTRUCTION INC, a California
corporation
Date:
Signed in Counterpart
By:
Samer Alhakim
Chief Executive Officer
Date:
Signed in Counterpart
Bv:
Hazem Almassry
Secretary, Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Elegant 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 OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: ?L Date:
By:
By:
Aar C. Harp
1d Will O'Neill
City Attorney
a/5�Mayor
ATTEST:
CONTRACTOR: ELEGANT
Date:
CONSTRUCTION INC, a California
corporation
Date:_ 12 / f b /Z "#
By:
By: _(:z
Leilani I. Brown
Samer Alhakim
City Clerk
Chief Executive Officer
Date: 12 /_1(2 /Z LA
e'By-�
w�
Hazem �Alma�ssry
Secretary, Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Elegant Construction Inc Page 10
ORIGINAL ISSUED IN DUPLICATE Premium Included in Cost
EXHIBIT A of the Performance Bond
CITY OF NEWPORT BEACH
BOND NO. GSA0700059
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to Elegant
Construction Inc hereinafter designated as the "Principal," a contract for the work
necessary for completion of this contract consists of the following: Back parking lot -
Performing digouts, crack sealing, slung sealing, and restriping in multiple phases and
installing two concrete pads. Front parking lot - Removal and replacement of all asphalt,
addition of parking with associated retaining walls, curbsigutters, grading and drainage
improvements and Installation of a new driveway in the City of Newport Beach, in strict
conformity with the Contract on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any -of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other
supplies used in, upon, for, or about the performance of the Work agreed to be done,
or for any work or labor done thereon of any kind, the Surety on this bond will pay the
same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
The Gray Casualty & Surety 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 the sum of Five Hundred Eighty Five Thousand Dollars
($585,000.00) 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
Califomia.
Elegant Construction Inc ' Page A-1
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the Califomia 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.
iN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 13th day of December , 2024
Elegant Construction, Inc. A�i�'fi� A I K0 5S - U ; � ` ft-e-set .,f �M�•
Name of Contractor (Principal)Authonzed SlgnaturelTit[e v�
The Gray Casualty & Surety Company
Name of Surety Authorized Ag S' nature
P.O. Box 6202,
Metairie, LA 70009 - 6202
Address of Surety
(504) 888-7790
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
Date: 11 to /,,) <'-
By:�011'
Jy
r n C. Harp
Go Attorney
Christina Rogers, Attomey-in-Fact
Print Name and Title
SEAL
NOTARYACKNOMEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Elegant Construction Inc Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this carts irate is
attached, and not the truthfulness, accuracy, or
validity of that document
State Of CaltfbMia Pennsylvania
County of _ Schuylkill ) S&
On 23rd December , 2024 before me, Jimmy J Castillo
Notary Public, personalty appeared Hazem Almassry
who proved to me on the basis of satisfactary evidence to be the person(s) whose names) is/are
subscribed to the within instrument and admowledged'to me that helshe/they executed the same
In his/hedtheir authoriewd capacity(iss). and that by MrAer/lheir signatures(s) on the Instrument
the person(s), or the entity upon behalf of which the person(s) aced, executed the instrument.
l certify under PENALTY OF PERJURY under the
paragraph is true and correct.
WITNESS my hand and official seal.
Jimmy J Castillo 1358435 06/ 22/2027
tiblee
Commonwealth of Pennsylvania - Notary Seal
Jimmy J Castillo, Notary Public
Schuylkill County
My commission expires June 2, 2027
Commission Number 1358435
>Ig ture (seal)
Notarized remotely online using communication technology via Proof.
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 Calffbmia
County of } ss.
On .20 before me,
Notary Public, personally appeared
proved to me on the basis of sat'tSfactory evidence to be the person(s) whose name(s) Ware
subscribed to the within instrument and admowtedged to me that helshelihey executed the same
in his/herttheir authorized capacity(ies� and that by hWherAheir signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) aged, executed the instrument.
l certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Elegant Construction Inc Page A 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On DEC 13 2024 , before me, Albert Melendez Notary Public,
personally appeared _ Christina Rogers
who proved to me on the basis of satisfactory evidence to be the person(k) whose name(A) is/ate
subscribed to the within instrument and acknowledged to me that lie/she/thty executed the same
in his/her/t*ir authorized capacity(ixs), and that by h4s/her/their signature(so on the instrument
the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct. cALBERT MELENDEZ
Natary Public - California Orange County a
Commission 2391461 WITNESS m hand and official seal.
My Comm. Expires Jar 23, Zl' y
SIGNATURE r4A"'-�
PLACE NOTARY SEAL ABOVE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Performance Bonding
08/07/2024 15:21 333198054026
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: GSA0700059 Principal: Elegant Construction, Inc.
Project: Police Department Parking Lot Maintenance, Contract No. 7901-1
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and
appoint: Melissa Lopez, Vanessa Ramirez, Jonathan Batin, Zyanya Hernandez, Jennifer Anaya, Joaquin Perez, Albert Melendez, Chrisina
Rogers, Frederic M. Archerd, Jr., Mary Martha Langley, Martha Barreras, Yu Cheng Chiang, and Erik Johansson of Tustin, California
jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver,
for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be
required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this
authority shall exceed the amount of
$25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26'h day of
June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to
execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,
undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and
to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed and these presents to be signed by their authorized officers this f' day of November, 2022.
eURApc � / / J�LTY_d g,,
o SEAL By: SEAL .p
Michael T. Gray
s� President Cullen S. Piske y�
* President
The Gray Insurance Company The Gray Casualty & Surety Company
State of Louisiana
ss:
Parish of Jefferson
On this 4'h day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance
Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged
that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the
voluntary act and deed, of their companies.
t, Lelich n f le i
P.n�;:ar �
Notary Public
� Notary ID No. 92653 Leigh Anne Henican
Notary Public, Parish of Orleans State of Louisiana
' Orleans Parish, Louisiana My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a
Power of Attorney given by the companies, which is still in full force and effect. 1N WITNESS WHEREOF, I have set my hand and
affixed the seals of the Company this 13th day of December 2024
0"PO4 ,,,,� "+-46
1, Leigh Anne Henican, Secretary of The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct
copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand
and affixed the seals of the Company this 13th day of December , 2024
�y1q��J�Jvnne b1tM4C�"—
„-d
�SURAhC JrvTr a sa
SEAL A SEAL
THE
TRAY SURETY
The Gray Insurance Company
The Gray Casualty & Surety Company
Telephone: 504-780-7440 P.O. Box 6202
info@graysurety.com Metairie, LA 70009
Surety Bond Seal Addendum
In response to the logistical issues associated with the Covid-19 pandemic, The Gray Insurance
Company and The Gray Casualty & Surety Company, (individually, the "Company" and
collectively, the "Companies") have authorized the Attorneys -in -Fact named on the Power of
Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to
any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this
Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the
Companies by such Attorney -in -Fact, each Company hereby agrees that the seal below shall
be deemed affixed to said bond to the same extent as if its raised corporate seal was physically
affixed to the face of the bond.
Dated this 11 Day of January 2021
„age RANG
�a
SEAL SEAL €�
By:
Y
Cullen S. Piske
President, The Gray Casualty & Surety Company
Attorney -in -Fact, The Gray Insurance Company
ORIGINAL ISSUED IN DUPLICATE
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. GSA0700059
FAITHFUL PERFORMANCE BOND
Subject to Change Based
The premium charges on this Bond is $ 8,013.00 / on the Final Contract Price , being at the
rate of $ 14.25 Tiered Rate thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Elegant Construction Inc hereinafter designated as the "Principal," a contract for the work
necessary for completion of this contract consists of the following: Back parking lot -
Performing digouts, crack sealing, slung sealing, and restriping in multiple phases and
installing two concrete pads. Front parking lot - Removal and replacement of all asphalt,
addition of parking with associated retaining walls, curbs/gutters, grading and drainage
improvements and Installation of a new driveway in the City of Newport Beach, in strict
conformity with the Contract on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and The Gray Casualty & Surety Company
, duly authorized to.
transact business underthe laws of the State of California as Surety (hereinafter "Surety'),
are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred
Eighty Five Thousand Dollars ($585,000.00) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount of the Contract, to be
paid to the City of Newport Beach, its successors, and assigns; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
Elegant Construction Inc Page B-1
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.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 13th day of December .20 24.
Elegant Construction, Inc.Q'iMI {� Q 55
Name of Contractor (Principal) Authorized Signature/Title
The Gray Casualty & Surety Company
Name of Surety
P.O. Box 6202,
Metairie, LA 70009 - 6202
Address of Surety
(504) 888-7790
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 5-
By. k�0
A00n C. Harp 15
CityAttomey JX`
r
uthorized Ag i ature
Christina Rogers, Attomey-in-Fact
Print Name and Title
`PSI y
a= 5 EAL Q
`•• ••
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BEATTACHED
Elegant Construction Inc Page B-2
A Mary public or other
ACKNOWLEDGMENT
R1L
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the ttufhfuiness, accuracy, or
validity of that document.
Sbte OfCIT�DI rnia Pennsylvania
County of _ Schuylkill } 8,,
On L- befte me,
Notary Public, pwsonafiy appearM Hazem Almassry
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Aare
subscribed to the within instrument and acknowledged to me that hels whey executed the same
in his/her/their authorized capacrty(ws), and that by his/herlthelr signatures(s) on the Instrument
the person(s), or the entity upon behalf of which the person(s) aged, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California #hat the
paragraph is true and correct
Commonwealth of Pennsylvania - Notary Seal
WITNESS my hand and official seal. Jimmy J Castillo, Notary Public
Schuylkill County
My commission expires June 2, 2027
limmy� J Castillo 1358435 06/02/2027
Not ry Public Commission Number 1358435
Signature I
seal
Notarized remotely online using communication technology via Proof.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the Individual who
signed the docurn lint to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of 183.
to 20 before me,
Notary Public, personally appeared
Proved to me on the basis of saffsfactoxy evfderce to be the persons) whose name(s) islare
Subscribed to the within instrument and acknowledged tome that he/sheffhey executed the same
In his/her/their authorized capacity(les), and that by his/herttheir signatures(s) on the instrument
the person(s), or the entity upon behalf Of which the persan(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Calriamfa tint the foregoing
paragraph is true and correct.
Wl1R+lESS my hand and official seals.
Signature - (mil)
Elegant Construction Inc . Page 8-1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange j
On DEC 13 2024
personally appeared
before me, Albert Melendez , Notary Public,
Christina Rogers
who proved to me on the basis of satisfactory evidence to be the person(X) whose name(s) is/ate
subscribed to the within instrument and acknowledged to me that k/she/thky executed the same
in his/her/tkir authorized capacity(ixs), and that by lks/her/their signature(so on the instrument
the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing
paragraph is true and correct.
ALBERT MELENOEZ
z Notary Public - California z
Orange County >
Commission 4 2391461
•MY C3rr;n, Expires Jar, 23, 2026
PLACE NOTARY SEAL ABOVE
WITNESS my hand and official seal.
SIGNATURE
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of attached document
Title or type of document:
Document Date: Number of Pages:
Signer(s) Other than Named Above:
Performance Bonding
08/07I2024 15:21 333198GS4026
THE GRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANY
GENERAL POWER OF ATTORNEY
Bond Number: GSA0700059 Principal: Elegant Construction, Inc.
Project: Police Department Parking Lot Maintenance, Contract No. 7901-1
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and
appoint: Melissa Lopez, Vanessa Ramirez, Jonathan Batin, Zyanya Hernandez, Jennifer Anaya, Joaquin Perez, Albert Melendez, Chrisina
Rogers, Frederic M. Archerd, Jr., Mary Martha Langley, Martha Barreras, Yu Cheng Chiang, and Erik Johanson of Tustin, California
jointly and severally on behalf of each of the Companies named above its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver,
for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be
required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this
authority shall exceed the amount of
$25,000,000.00.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261 day of
June, 2003.
"RESOLVED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to
execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,
undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and
to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be
binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto
affixed and these presents to be signed by their authorized officers this 4m day of November, 2022.
a7a g
ED
By: of SEAL
Michael T. Gray Cullen S. PiskePresident � The Gray Insurance Compaq President
The Gray Casualty &Surety Company
State of Louisiana
ss:
Parish of Jefferson
On this 41 day of November, 2022, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance
Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly swom, acknowledged
that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the
voluntary act and deed, of their companies.
4yLeigh Anne Henican `J �
Notary Public
Notary ID No. 92653 Leigh Anne Henican
Notary Public, Parish of Orleans State of Louisiana
Orleans Parish, Louisiana My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company, do hereby certify that the above and forgoing is a true and correct copy of a
Power of Attorney given by the companies, which is still in frill force and effect. IN WITNESS WHEREOF, I have set my hand and
affixed the seals of the Company this 13th day of December , 2024
I, Leigh Anne Henican,/Secretary of The Gray Casualty & Surety Company , do hereby certify that the above and forgoing is a true and correct
copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand
and affixed the seals of the Company this 13th day of December , 2024
P1U1neC�'—
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*SURAgc GegJ��tY 4
SEAL SEAL 1-
7
THE
TRAY SURETY
The Gray Insurance Company
The Gray Casualty & Surety Company
Telephone: 504-780-7440 P.O. Box 6202
info@graysurety.com Metairie, LA 70009
Surety Bond Seal Addendum
In response to the logistical issues associated with the Covid-19 pandemic, The Gray Insurance
Company and The Gray Casualty & Surety Company, (individually, the "Company" and
collectively, the "Companies") have authorized the Attorneys -in -Fact named on the Power of
Attorney attached hereto and incorporated herein by reference to affix the Companies' seal to
any bond executed on behalf of the Companies by any such Attorney -in -Fact by attaching this
Addendum to said bond.
To the extent this Addendum is attached to a bond that is executed on behalf of any of the
Companies by such Attorney -in -Fact, each Company hereby agrees that the seal below shall
be deemed affixed to said bond to the same extent as if its raised corporate seal was physically
affixed to the face of the bond.
Dated this 11 Day of January 2021
,f�dSURANc� �J��tY.BSp`_,`
^moo �.� ':•�,: , o { � � :•,�^.
SEAL `' 1* SEAL '
ate,.
..............1.2
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Cullen S. Piske
President, The Gray Casualty & Surety Company
Attorney -in -Fact, The Gray Insurance Company
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to City,
along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate and four
million dollars ($4,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Elegant Construction Inc Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy
period. Claims -made policies require a 10-year extended reporting period.
The CPL policy shall include coverage for cleanup costs, third -party bodily
injury and property damage, including loss of use of damaged property or
of property that has not been physically injured or destroyed, resulting from
pollution conditions caused by contracting operations. Coverage as
required in this paragraph shall apply to sudden and non -sudden pollution
conditions resulting from the escape or release of smoke, vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other
irritants, contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
Elegant Construction Inc Page C-2
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. 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.
Elegant Construction Inc Page C-3
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage 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.
Elegant Construction Inc Page C-4
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
Elegant Construction Inc Page C-5
City of Newport Beach
POLICE DEPARTMENT PARKING LOT MAINTENANCE
Contract No. 7901-1
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. 7901-1 in accordance with
the Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
11 \5\2024
Date
949-444-5161
Bidder's Telephone and Fax Numbers
1053447 A, B, C8, C12, C13, C36, C54
Bidder's License No(s).
and Classification(s)
1000406720
DIR Registration Number
Elegant Construction Inc.
Bidder
Vice president - CFO - Secretary
Bidder's Authorized Signature and Title
15375 Barranca Parkway, suite J-103, Irvine CA92618
Bidder's Address
Bidder's email address: bidding@elegantcon.com
PR-1
PERSONAL INFORMATION
PREFERRED JOB
Samer ALhakim
president - Project Manager at Elegant Construction
Mobile number: 1.9496306029
Email Address: samer78h@hotmail.com
Birth date: 13 November 1978
Nationality: United States
Residence Country: United States - California
Preferred Job: construction project manager
Field: Management
WORK EXPERIENCE Total Years of Experience: 18 years, 5 months
president - Project Manager at Elegant
Construction
United States - California
project Manager at Horizons Construction
Company - California
United States - California
January 2019 - Present
July 2015 - January 2019
Commercial projects
Responsible for costing, estimating and planning projects.
- Maintaining and completing Project Key Performance Indicators.
- Writing detailed and summarized project progress reports.
- Identifying, costing and processing any contract variations.
- Tracking activities against the detailed project plans.
- Updating project plans to include agreed changes.
- Producing accurate financial reports.
-Monitoring actual expenditure figures against project budgets.
-Organising and facilitating Project Steering / Operating Committees meetings
Project Manager at Saudi Bin Laden February 2012 - June 2015
Group
Saudi Arabia - Riyadh
our responsibility to mange the project in tow teams:
1. Technical works: all submittals, check all design & shop drawings, materials submittals,
Time schedule ...ect.
2. Site works : supervisor all subcontractors ( construction, finishing, E, M, LC, ......ect )
Technical Manager at Saudi Bin Laden December 2010 - February 2012
Group
Saudi Arabia - Jeddah
Head of civil section at Intracom Co. July 2006 - November 2010
(Head Office Located in Athens, Greece
Syria - Damascus
- Supervision of structure works.
- Checking site activities.
- Checking tests required.
- Checking Shop drawings and as built drawings.
- Following Site progress.
- Following Materials Approvals and Delivery according to specifications.
- Responsible about all study and drawings.
- Supervisor in wireless access system project ( foundation, erection of towers, earthing
system, telecom installation)
- Good experience in Anchors system.
- Controlling BOQs and hand over processes from contactors.
Site Engineer in four seasons Hotel. at May 2001 - June 2006
Eng. Fouad N. Takla Co.
Syria - Damascus
Supervision of structural & finishing works from piling casting until handing over including
coordinating between Civil & Architectural works. Under strict quality control system.
Responsible about the works in precast factory.
Supervising erection of precast buildings.
Supervising infrastructure works (piping, fire fighting system, Drainage, service roads...
etc).
Preparing the time schedule plan of the precast works (fabrication, casting, curing,
demoulding, handling... etc)
EDUCATION Bachelors degree / Bachelor Degree in
Civil Engineering - Structural Department
- at Aleepo University
Syria - Aleppo
January 2001
SKILLS AutoCad / Level: Intermediate
MS -PROJECT / Level: Intermediate
SAP / Level: Intermediate
STAAD / Level: Intermediate
MS -OFFICE / Level: Expert
LANGUAGES Arabic / Level: Expert
English / Level: Expert
REFERENCES Kinan Kotrash
V.P. , Controls Manager
Horizons Construction Company
714.6260000
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
POLICE DEPARTMENT PARKING LOT MAINTENANCE
CONTRACT NO. 7901-1
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
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
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
1
1
2
2
2
2
2
3
3
3
3
3
3
3
3
4
4
4
4
4
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5
6-1.1 Construction Schedule 5
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6
6-9 LIQUIDATED DAMAGES 7
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7
7-1.2 Temporary Utility Services 7
7-2 LABOR 8
7-2.2 Prevailing Wages
8
7-2-5 Personnel Security Screening
8
7-7 COOPERATION AND COLLATERAL WORK
8
7-8 WORK SITE MAINTENANCE
9
7-8.4 Storage of Equipment and Materials
9
7-8.4.2 Storage in Public Streets
9
7-8.6 Water Pollution Control
9
7-8.6.2 Best Management Practices (BMPs)
9
7-10 SAFETY
9
7-10.3 Haul Routes
9
7-10.4 Safety
9
7-10.4.1 Work Site Safety
10
7-10.5 Security and Protective Devices
10
SECTION 9 - MEASUREMENT AND PAYMENT
10
9-2 LUMP SUM WORK
10
9-3 PAYMENT
10
9-3.1 General
10
9-3.2 Partial and Final Payment.
13
PART 2 - CONSTRUCTION MATERIALS 13
SECTION 200 — ROCK MATERIALS 13
200-2 UNTREATED BASE MATERIALS 13
200-2.1 General 13
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
13
201-1 PORTLAND CEMENT CONCRETE
13
201-1.1 Requirements
13
201-1.1.2 Concrete Specified by Class and Alternate Class
13
201-2 REINFORCEMENT FOR CONCRETE
13
201-2.2 Steel Reinforcement
13
201-2.2.1 Reinforcing Steel
13
SECTION 203—BITUMINOUS MATERIALS
13
203-5 SLURRY SEAL
13
203-5.1 General
13
203-5.4 Emulsion -Aggregate Slurry (EAS)
13
203-5.4.1 General
14
203-5.4.2 Materials
14
SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS
14
214-4 PAINT FOR STRIPING AND MARKINGS
14
214-4.1 General
14
PART 3 - CONSTRUCTION METHODS
14
SECTION 300 - EARTHWORK
14
300-1 CLEARING AND GRUBBING
14
300-1.3 Removal and Disposal of Materials
14
300-1.3.1 General
14
300-1.3.2 Requirements
15
SECTION 302 - ROADWAY SURFACING
15
302-4 SLURRY SEAL SURFACING
15
302-4.8 Spreading and Application
15
302-4.9 Field Sampling and Testing
302-4.12 Rolling of Slurry Sealed Surface
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
302-5.4 Tack Coat
15
16
16
16
16
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
16
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
16
303-5.1 Requirements
16
303-5.1.1 General
16
303-5.5 Finishing
16
303-5.5.2 Curb
16
303-5.5.4 Gutter
17
SECTION 601— WORK AREA TRAFFIC CONTROL
17
601-1 GENERAL
17
PART 8 - LANDSCAPING AND IRRIGATION
17
SECTION 800 - MATERIALS
17
800-1 LANDSCAPING MATERIALS
17
800-1.1 Topsoil
17
800-1.1.1 General
17
SECTION 801 - INSTALLATION
17
801-1 GENERAL
17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
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SPECIAL PROVISIONS `'
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POLICE DEPARTMENT PARKING LOT MAINTENANCE FOF D�
CONTRACT NO. 7901-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. B-5271-S); (3) the City's
Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition);
(4) Standard Specifications for Public Works Construction (2015 Edition) including
supplements. The City's Design Criteria 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
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" 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.
Page SP 1 of 18
2-5 PLANS AND SPECIFICATIONS
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 consists of:
Back parking lot
Performing digouts, crack sealing, slurry sealing, and restriping in multiple phases and
instilling 2 concrete pads
Front parking lot
Removal and replacement of all asphalt, addition of parking with associated retaining
walls, curbs/gutters, grading and drainage improvements and Installation of a new
driveway
See the Plans (Drawing No. B-5271-S) for additional miscellaneous items not outlined
above.
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: 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 shall:
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
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
Page SP 2 of 18
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
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 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
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
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 and shall constitute the markup for all
overhead and profit. An additional markup of five (5) percent of the total subcontracted
cost may be added by the Contractor.
To the sum of the costs and markups provided in this subsection, one (1) percent may
be added as compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Page SP3of18
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
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 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.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting 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.
5-2 PROTECTION
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.
5-4 RELOCATION
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 the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes and utility boxes within paving area shall be temporarily
lowered. The Contractor shall procure and install slip cans for all water valves to ensure
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access to the water valves at all times. Upon completion of paving operation, manholes
and utility boxes shall be permanently adjusted to finish grade and all water valve slip
cans shall be delivered to the City's Utilities Department. The Contractor shall adjust all
temporarily lowered manholes and utility boxes to the new finished grade within five (5)
calendar days of completing the AC finished course.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies to have their existing utilities adjusted to finish grade. The Contractor
shall coordinate with each utility company for the adjustment of their facilities in advance
of work to avoid potential delays to the project schedule. The Contractor shall provide
the necessary survey control for all utility companies to adjust boxes and vaults to the
final grade. The Contractor will be required to coordinate with these companies for
inspection of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
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 to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
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 60 consecutive
working days after the date on the Notice to Proceed.
The Contractor shall complete the asphalt repair/digouts, crack seal, slurry seal and
restriping for each phase of the back parking lot within 10 consecutive working days,
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respectively (20 days total for both phases). There shall be no overlap between the
working days of Phase 1 and the working days of Phase 2. The front parking lot and
Phase 2 shall remain in use for Police Department staff parking during Phase 1 asphalt
repair/digouts, crack seal, slurry seal and restriping. The front parking lot and Phase 1
shall remain in use for Police Department staff parking during Phase 2 asphalt
repair/digouts, crack seal, slurry seal and restriping. The back parking lot (Phase 1 and
Phase 2) shall remain in use for Police Department staff parking during construction of
the front parking lot.
The Contractor shall ensure the availability and delivery of all material prior to the start
of work. Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time. Unless otherwise approved by the Engineer, construction shall start
within 10 business days of receipt of the Notice to Proceed.
Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
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.
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
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Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the
Engineer. 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 at 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.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
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 $2,000.00.
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.
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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
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.
7-2-5 Personnel Security Screening
Prior to commencing services, Contractor and all personnel assigned to work at the
Newport Beach Police Department Headquarters (870 Santa Barbara Drive) are
required to successfully pass a California Department of Justice Live Scan
Fingerprinting background check (Live Scan), wants/warrants check, and regional
records clearance performed by the City of Newport Beach Police Department. The
Contractor shall be responsible for obtaining the Live Scan for all workers prior to
performing work and shall bear the cost thereof. The Contractor shall schedule the Live
Scan with the Newport Beach Police Department. On the day of the Live Scan, the
worker must obtain an application form from the Newport Beach Police Department
(located at 870 Santa Barbara Drive). Upon completion of the application form, the Live
Scan will be performed. The worker must possess a photo ID (e.g. Driver's License) at
the time of the Live Scan. The Police Department will advise the Contractor and City's
Project Manager whether the worker has passed Live Scan and want/warrant and
records clearance.
Following Council award, the Contractor shall schedule all employees planning to work
within the facility for the Police Department screening process. Obtaining the screening
results may take up to three weeks to process and is the sole responsibly of the
Contractor in managing all employees working at the Police Department.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs 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 these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. 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 shut down.
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7-8 WORK SITE MAINTENANCE
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.
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.
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 backcharging 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.
7-10 SAFETY
7-10.3 Haul Routes
Haul routes shall be submitted to the Engineer for review and approval.
7-10.4 Safety
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7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.5 Security and Protective Devices
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, submittals, insurance
and financing; preparing and implementing the BMP Plan (erosion control); preparing
and updating construction schedules as requested by the Engineer; attending
construction progress meetings as needed, and all other related work as required by the
Contract Documents. This bid item shall also include work to demobilize from the
project site including but not limited to site cleanup and providing any required
documentation as noted in these Special Provisions.
Item No. 2 Demolition, Haul and Dispose: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for demolishing all items
requiring removal and processing/hauling/disposing the waste from those demolition
activities.
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Item No. 3 Surveying Services: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs of surveying, establishing horizontal
and vertical controls, providing construction staking, adjusting survey monuments,
reestablishing property corners disturbed by the work, preparing record of survey,
protecting and restoring existing monuments and other survey items as required to
complete the work in place.
Item No. 4 Pavement Repair/Digouts, Crack Seal & Slurry Seal: Work under this
item shall include, but not be limited to, all labor, tools, equipment and material costs for
repairing the worst condition 20% surface area of the asphalt, crack sealing and slurry
sealing both Phase 1 and Phase 2 of the back parking lot, separately (2 mobilizations).
Item No. 5 Signage and Striping: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for restriping Phase 1 and
Phase 2 of the back parking lot along with striping the front parking lot, separately (3
mobilizations). This Item includes fire lane curb painting and ADA signage installation in
the front parking lot.
Item No. 6 Concrete Pads: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for installing the two concrete pads in the
back parking lot.
Item No. 7 Driveway: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for installing the new driveway.
Item No. 8 Site Grading: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for grading the front parking lot as needed to
achieve the finished elevations specified in the front parking lot.
Item No. 9 Retaining Walls: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for installing the retaining walls specified in
the front parking lot.
Item No. 10 Curbs and Gutters: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for installing the curbs and gutters
specified in the front parking lot.
Item No. 11 Asphalt Paving: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for installing the asphalt paving specified
in the front parking lot.
Item No. 12 Concrete Sidewalk: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for installing the sidewalk specified in
the front parking lot.
Item No. 13 Curb Ramp: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for installing the curb ramp specified in the
front parking lot.
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Item No. 14 Water Sealing, Painting & Stucco: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for water sealing and
painting the building wall (where the soil/landscape hill shall be removed) and installing
stucco finish to the wall adjacent to the southeasterly of the proposed back lot concrete
pads and the front lot retaining walls.
Item No. 15 Electric Modifications: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all electrical work specified in
the front parking lot including adjustments to lighting and gate control equipment.
Item No. 16 Gas Line Work: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for addressing any needed adjustments
associated with the soil elevation change around the existing gas service at the building
where the soil/landscape hill shall be removed or any other portion of the line effected
by proposed improvements/grades.
Item No. 17 Water Line Work: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs for addressing any needed elevation
changes of existing water line infrastructure (lines, fittings, appurtenances, etc.)
necessitated by proposed improvements/grades.
Item No. 18 Drain Line Modifications: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for adjusting storm infrastructure
to accommodate proposed improvements/grades. This item includes repairing/servicing
the existing perforated building drain or replacing it if necessary and adjusting its outlet
to accommodate proposed improvements/grades.
Item No. 19 Irrigation Line Modifications & Soil Stabilization: Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
adjustments to existing irrigation infrastructure necessitated by proposed
improvements/grades including sleeving at drive aisle crossings and valve location
adjustments. This item includes soil stabilization of freshly graded soil surfaces by straw
waddle on the downslope edge of exposed soil surfaces.
Item No. 20 As -Built Plans: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for all actions necessary to provide as -built
drawings, close-out documents and warranties. All warranties shall name the City as
owner and recipient of warranties. These drawings must be kept up to date and
submitted to the Engineer for review prior to request for payment. An amount of
$2000.00 is established for this bid item. The intent of this pre-set amount is to
emphasize to the Contractor the importance of as -build drawings.
Item No. 21 Pollution Insurance: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for providing the Pollution
Insurance outlined in the Insurance Requirements (Exhibit C).
Page SP 12 of 18
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 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
203-5 SLURRY SEAL
203-5.1 General
Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4.
203-5.4 Emulsion -Aggregate Slurry (EAS)
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203-5.4.1 General
Emulsion -aggregate slurry (EAS) shall be Type I-CQS-1 h conforming to 203-3
203-5.4.2 Materials
203-5.4.2.2 Emulsified Asphalt
Emulsified asphalt shall be of quick set type.
203-5.4.2.4 Latex
Latex shall be Ultrapure 65K produced by the Textile Rubber and Cement Company, Inc.,
or equal approved by the Engineer in advance of ordering the latex additive. It shall be
added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of
2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be
kept in a suspended state by an agitating mixer and mixed every three days.
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.
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. Contractor is required to submit all
haul and disposal tickets within 48 hours.
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
Page SP 14 of 18
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 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 from existing joint to existing joint.
Alternatively, with prior approval from the Engineer, existing concrete may be neatly
sawed to form straight edges to join proposed concrete improvements. Saw cuts on
concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt
pavement shall be full depth. Final removal between the sawcut lines may be
accomplished using jackhammers or sledgehammers. Pavement breakers or stompers
will not be permitted on the job. The Engineer must approve final removal accomplished
by other means.
SECTION 302 - ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING
302-4.8 Spreading and Application
Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the
surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or
pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace
all of the damaged work at the Contractor's expense and no additional compensation shall
be made by the City.
Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all
loose materials, vegetation, oil, and other foreign material. Additionally, all locations
with weeds shall be treated by an approved weed -killer before any slurry seal is applied.
302-4.9 Field Sampling and Testing
Upon the Engineer's direction, the Contractor shall slurry seal a test section within the
construction limits for each slurry seal mix design. The Contractor shall apply the slurry
seal test section as directed by the Engineer. No slurry seal shall be applied until the test
slurry seal section have been approved the Engineer. Field samples that do not meet the
requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible
for all cost associated with the re -testing.
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302-4.12 Rolling of Slurry Sealed Surface
Contractor shall roll all cul-de-sacs, turning knuckles, street ends and parking stalls with
pneumatic (rubber) tire rollers. Pneumatic tire rollers shall conform to Section 302-2.3.5
(Greenbook).
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed
with a hot -applied crack sealant approved by the Engineer. In residential areas, no
highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and
trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The
top layer of asphalt concrete (finish course) shall be placed in a separate lift.
Longitudinal joints between two passes of asphalt concrete shall be along a lane line.
Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to
95% minimum. The pavement shall then be cleaned with a power broom.
302-5.4 Tack Coat
Tack coat shall be trackless.
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
Sidewalks and curb access ramps shall be opened to pedestrian access on the day
following concrete placement. In addition, all forms shall be removed, irrigation systems
shall be repaired, and backfill or asphalt concrete patch back shall be placed within 72
hours following concrete placement.
Contractor shall provide field survey elevations twenty (20) feet on either side of the
proposed concrete improvements along the flowline to confirm positive drainage. If
positive drainage is not attainable, Contractor shall notify the Engineer prior to
completing the concrete improvements.
Concrete replacement shall extend from existing joint to existing joint.
303-5.5 Finishing
303-5.5.2 Curb
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The Contractor shall repaint any red curb that is damaged or removed. The curb shall
be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry",
Product Code 181 manufactured by American Traffic Products, Inc. or approved equal.
Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889.
The Contractor shall repaint any blue curb that is damaged or removed. The curb shall
be repainted to match the original blue curb lengths.
Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs.
Contractor shall place Temporary No Parking ANYTIME signs on barricades where red
curb marking has been removed and maintain the signs until the curb marking has been
replaced.
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 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, 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 establishments. Messages for the CMS shall be updated by
the Contractor as directed by the Engineer.
PART 8 - LANDSCAPING AND IRRIGATION
SECTION 800 - MATERIALS
800-1 LANDSCAPING MATERIALS
800-1.1 Topsoil
800-1.1.1 General
Topsoil shall be Class A (imported).
SECTION 801 - INSTALLATION
801-1 GENERAL
The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor
(PCA) prior to applying herbicide. The PCA will be responsible for preparing and
approving a Pest Control Recommendation and providing Safety Data Sheets (SIDS).
These items shall be included with the herbicide submittal.
Page SP 17 of 18
The Contractor is responsible for clearing and grubbing, pruning and removing tree roots
that interfere with the work. The Contractor shall submit recommendations by its arborist to
the City for review for safely pruning and removing tree roots. No roots shall be pruned
or removed unless this submittal is returned to the Contract as satisfactory. Prior to the
submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss
City standards and requirements.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City Arborist.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruni
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.)
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City Arborist.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
Page SP 18 of 18
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