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Home My WebLink AboutC-7009-1 - Concrete and Pavement Replacement ProgramSeptember 26, 2018 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Drive Colton, CA 92324 CITY OF iNIFWPOPT SEAC!�: 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Subject: Concrete Pavement and Replacement Program (FYI 6/FY17) — C-7009-1 Dear Mr. Sotto: On September 26, 2017, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 27, 2017 Reference No. 2017000409868. The Surety for the contract is U.S. Specialty Insurance Company and the bond number is 1001023414. Enclosed is the Faithful Performance Bond. Sincerely, I i Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate R ium is for contract term and is subject to adjustment based on final contract price EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001023414 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 13,319.00 , being at the rate of $ 18.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for: removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing Portland cement concrete ("PCC") sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private irrigation and improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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 U.S. Specialty Insurance Company , duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Thirty Nine Thousand Nine Hundred Forty Dollars and 001100 ($739,940.00) 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 S&H Civilworks Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of January 2017 . S&H Civilworks Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 625 The City Drive So. #205 Orange, CA 92868 Address of Surety 714-740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICI Date: -...- - t -.I -- By: By: -�/, L -- Aaron 1C. Harp h,q,r 7•�d,� City Attorney f7ersl Au orized Signature/Title Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civilworks Page B-2 CALIFORNIA ALL-PURPOSE ACM-WLEDGEMENT State of California County of San Bernardino Ss. On January 3, 2017 personally appeared Laurie B. Druck CYNTHIA J.YOUNG 00Commission Notary Public -California a San Bernardino County z Z # 2157044 a My Comm. Expires Jul 15, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. ignaty a of Notary PubA r f OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of [ Document Date: Signer(s) Other' Named Above: Capacity(ies) Claimed by Signer(s) Signer's O Individual O Corporate Officer Title O Partner -- O Limited Cl General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On .20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07984 SAN FRANCISCO Amended CertifiCate of Authority THIS IS TO CERTIFYT THAT. Pursuant to thellmsuravice Code of the Stare of California, U.S. Spacialty Insurance Company Of Houston, Texas , organized under rite taws of Texas , subject to its Articles of Incorporation or otherfundamenral organizational documents• is hereby authorized to transactwithin theStafe, subjectio all provisfons of this Cersyeare, the following cfasses of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, end Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor in violation efany, of the applicable laws and lawful requirements rade under authority of the lows of rhe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requimments now are, or may herec&er be changed or amended. IN WITNESS WHEREOF, effective as ofrhe 29th day of December 1 2004 ,Ihavehereunto set my hand and caused my official seal to be affued this 29th day of December 2004, By for Ida 2odrow NOTICE: Quliflcadan with the S.tary of State must be Ace mplishcd as requited by etc a ode 9, after isauonae of this Certificate of Authority, Failure to do so will be a violation of Insurance Code Section 701 and v groandi for revoiin6 this Certlltml of Authority pursuant to the <onvenanu made in the application therefor and the conditions contained herein ram cs, POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY — WB BY THESE PRESENTS: That American Contracfas d nrm mean a California corporation, Texas tWi_ Q&M an assumed name of American Contractors Indemni% utliarty tiee tes Surety Company, aMaryland corp iodlird U.S. Specialty Insurance Company, a Texas corporation (c OWthe "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attomey(s)- n ta�hel�seracapacity if more than one is named above, with full pswer aa�atty hereby: conferred in its name, placd%&0d!ffe1 eknowledge and deliver any and all bonds, recogmzaltefr�rr a kttr�s -- — or other instruments or contractssure�yship�o include riders, amendments, and consents of surety, praVrdin-g bond penalty does not exceed *****Three Million""* Dollars ($ **3,00(,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: - "lvA T resider, any Vice-president, any Assistant Vice -President, any Saturets Ass orSecri:7sry shall be and is hereby vested with full i t a LMr§Ro>2point any one or more. suitable persons as Attorney(s)-in-Fact to represddafiTacEf r and NbeftW of the Company subject to the following AttdFM5,in-Fact may be given full power and authority for and in the name of and on behalf dP& Company to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any a grfMj n ff ompany heretofore or hereafter affixed in any power of attorneys &ngqmrrrarmeWbM thereto by facsimile, and any power of attor W ficftb�ile signature or facsimile seal shalt be valid and binding upon the man ith e_ape to any bond or undertaking to which it is attachRE0 IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY o _ UNITED STATES SURETY COMPANY U.S SP _ _ (IMPANY ceSfS aURFr .............N . .h \mureq FWy — - BY: rn3_ +� Aguilar Daniel P. ir e V ce Presnt Y s a " , •,.?4FpaM0'o`• � ..�•q,EOFtE+P``o ..'�.. A notary public or other officer completing*sre ftfca�vi 0 manly the identity of the individual who signed the - - - document to whichthis certificate is atm-hed agd n�T ss, accuracy, or validity. of that document. State ofCalifornia _ -=--- - County of Los Angeles SS: - On this 1 st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indy Company, Texas Bonding Company, United States Surety Company and U.S. Speciai-Insurance Company who proved to me on -LaoJn is of w—ifflffft evidence to be the person whose time is subscribed to the within trim"4#6p ll w edged to me that he executed the same. in - tu€authtutze a tet nd that by his signature on the instrument the person, or the eni upBti elraifof vaaici€tfusperson acted, executed the instrument. I MW6,16PPENALTY OF PERJURY under the laws of the State of California that th7`vegdfuq*agiaph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEZ-NfONG Commission #' 2049711 Signature Notary Public - California i - Los Angeles Coun — - ty - M Comm: Ei Irea Dae 20.2017 J - I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. fereoLEI have h reunto set my hand and affixed the seals of said Companies at Los Angeles, California this 3rD -day - Corporate seals `.:4 *tA�ClORB''y" o`otE6,aURFT}. 0ON91NQ'0 "' \o0 J!ns •(h� �� qr�., ai! Omg yP p' Q �� y E+C Dj iaa��l - p : > 'w w' ='Y' Michael Chatekson, Assistant Secretary Bond No. I. oo. Agency No. 3501 "3 e.;=- s�greor tE+°y • - 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 (n D ' r -D ss. On CA ! i -11 Zc? i -'I 2a._j_I before me, ll i �4l Notary Public, personally appeared 'CC.SS So t F t 3 who proved to me ori itie basis of satisfactory evidence to be the personi�) whose name(pry {Is%a�e subscn�d to th within instrument and acknowledged �-me_that he/she/they executed `the same in Ishe�th it authorized capacity(�s), and that by(his rltt%ir signatures(s) on the instrument th� person��'j, or the entity upon behalf of which the person(a'1 acted, executed the instrument, l% certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MONIQUE LAHTI WITNESS my hand and official seal. 'rm commission 20402 Z - Notary Public - i California z r.; San Bernardino County My Comm. Ex, res Oct 2, 2017 Signature (seal) 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 1 ss. On; 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-3 December 4, 2017 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Drive Colton, CA 92324 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov Subject: Concrete Pavement and Replacement Program (FY16/FY17) C-7009-1 Dear Mr. Sotto: On September 26, 2017 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 27, 2017, Reference No. 2017000409868. The Surety for the bond is U.S. Specialty Insurance Company and the bond number is 1001023414. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate nium included in charge for Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001023414 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for: removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing Portland cement concrete ("PCC") sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private irrigation and improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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, U.S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Thirty Nine Thousand Nine Hundred Forty Dollars and 00/100 ($739,940.00) 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 terns of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. S&H Civilworks 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 California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of January 20 17 . S&H Civilworks Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 625 The City Drive # 205 Orange, CA 92868 Address of Surety 714-740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICI Mata- ;I I . 1 ._ ` ' 1 �r By. Aaron C. Harp City Attorney c_ PP i ll A1.11111orized Signature/Title 1uL, 6 QAy* Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED S&H Civilworks Page A-2 CALIFORNIA ALL-PURPOSE ACKM^WLEDGEMENT State of California County of San Bernardino ss. On January 3, 2017 personally appeared Laurie B. Druck CYNTHIA J. YOUNG Notary Public - California San Bernardino County z Z Commission # 2157044 My Comm. Expires Jul 15, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. Sid tura %tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of [ Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE Na. 07984 SAN FRANCISCO Amended Certificate of Authority TFUS IS TO CERTIFY THAT, Pursuant to thelnsurance Code of the State of California. U.S. Specialty Insurance Company Of Houston, Texas , organized under the Imus of Texas , subject to its Articles of Incorporation or oiherfundamentat organizational documents, is hereby authorized to transactwithin the State, subject to all provisions of this Certificate, rhe following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fufl compliance with all, and nor in violation of airy, of rhe applicable laws and lawful requirements trade tinder aluhorfry of the Iaws of the State of California as long as ruch laws or requirements are in effect and applicable, and as such laws and requirdmenrs now are, or may lemgfter be changed or amended. IN WITNESS WHEREOF, effective as of the 29th day of December 2004 ,)havehemunto set my hand and caused my official seal to be effxed this 29th day of December 2004 By ' for Ida Zodrou Dry NOTICE: Deput Qualifeadon with the Seaeury of Suite must be amompinhed as required by th�Ofl.:.=,Cod.S..6.001 ode d slier isauanr of Chit Certificate of Authority, Failure to do so will bcaviolausn and Ilhe eroond,for revoking ere CcnlRate of gnthoriry pursuantto the eonvensnu: made is the applicalioo therefor sed the reunion[ crevold d herein. M M@f ffib Mr m PA, POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY MIR BY THESE PRESENTS: That American Contracus M i4 tGl lrnmpa a California corporation, Texas _ i&MR[w, an assumed name of American Contractors Indemnt_Wt'c any Ii1*ddRWes Surety Company,: a Maryland: _. -�orgorahon and U.S. Specialty Insurance Company, a Texas corporation (cii�fectiverthti Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attorney(s)-in-Slat it en _,_TW capacity if more than one is named above, with full �zz w&d Q111IM&V hereby conferred. in its name, place - A madMem owledge and deliver any and all bonds, recognizau6viculiherta s- or other instruments or contracts e -f sunt ship to include riders, amendments, and consents of surety, providing-fe bond penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies_, Sn/ice tiv-iESEPresident, any Vice-Presidcn4 any Assistant.Vice-President, any fretq�sstsFan-Secmftry shall be and is hereby vested withfull �M a&M oint any one or more suitable persons as Attomey(s)-in-Fact to represe an actfer attld otrbs)=iatf of the Company subject to the following cion Attorney -in -Fact maybe given full power and authority for and in the name of Sudan behalf cTWe Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. - - BeN Resolved that the Signature of any aftori dSWicepnnJlMMtfi2Xompany heretofore or hereafter affixed to any power of attorney Vpps to C_ XX thereto by -facsimile, aad%my power of attoP a fic ile signature or facsimile seal shalt be valid and binding upon the 6%*%tb 0c any bond or undertaking to which it is auach8il=IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this I st day of December, 2014. -- — AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDILIC ComPANY - UNITED STATES SURETY COMPANY U.S SPIUAM PANY 9� Mfg 25 t4. dS�9 sUT, neoND YG C"., i� N Ob - `tea" O %01 w;z- a 1T s, a s� 9� s By: Daniel P. Aguilar, Vice Prest ent r s. 'n �9f60AA�P.o° •k'' <.9rFOF t6♦•rF�. {. A dobWPuhfc:or other officer comp"It caMvffili�nly the identity of the individual who signed the document to whieh this certificate is afloSOM nsHh liTldu�ss, accuracy, or validity of that document. n StateafCalifomia County of Los Angeles SS: On this 1 st day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Index Company, Texas Bonding Company, United States Surety Company and U.S. Specialofasurance Company who proved to me on. wf Sffiievidence to be the person whose name is. subscribed to the withint1$Inmanc�owlede�d ed to me that he executed the same in iss[I¢eand that by his signature on the instrument the person, or the acted, executed the instrument. VM c undMr7ENALTY OF PERJURY under the laws of the State of California that thegoiog aragraph is true and correct. WITNESS my hand and official seal. MARIA G. RODRIGUEZ•WI I Commission M 2049771 Signature Meat) - i Notary Public - California i = Los Angeles County M Comm. E Tres Dec 20, 2017 � - I, Michael Chalekson , Assistant Secretaryof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect, �i toss -Where I have h�gun o set my hand and affixed the seals of said it2pantes a€I;o-s ADgeles, California this3ro _day _ Corporate Seals st 9 n,............ ..`oHt0.� RBM1 'ti, Coc, caot ine ry .., L 350t Bond No. I40- ' �; = .� + Michael Chalekson, Assistant Secretary Agency No. 46 £ *o,fi �t9rFt *,i FJ 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 On COI 1 11 , 20F before me,N1rl t( 1 k A LC �-14i Notary Public, personally appeared — is ,5 S2, fl who proved to me on the basis of satisfactory evidence to be the person() whose name(A.) is (e subscribed to the within instrument and acknowledged to me that 3sh6/tMy executed the same in 4�i of/thefr authorized capacity(iVs), and that by �ilhe�/their signatures(s) on the instrument the person(o, or the entity upon behalf of which tt a personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the 1aws,- #he-" a'fA { at the foregoing paragraph is true and correct. w s hi0N10UE LAHTI II,, commission CF' 2040293 6 WITNESS my hand and official seal. t, tY Notary Public -California San sernauino county { ---� My Comm E ares Oct 2, 2017 Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-3 Document -4035764 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 1'Illllllll11Jl 1[l 11111 11l11 111l 1111l 1l11l11l111l1 NO FEE + L R 0 0 0 9 5 9 9 9 9 1$+ 201700040986810:07 am 09/27/17 7 SC5 N l2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks, Colton, California, as Contractor, entered into a Contract on December 13, 2016. Said Contract set forth certain improvements, as follows: Concrete Pavement and Replacement Program FY16/FY17 - C-7009-1 Work on said Contract was completed, and was found to be acceptable on September 26. 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S. Specialty Insurance Company. BY A� Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ff�� -f Executed on NI 027 I at Newport Beach, California. Ma about:blank 09/27/2017 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 S&H Civilworks, Colton, California, as Contractor, entered into a Contract on December 13, 2016. Said Contract set forth certain improvements, as follows: Concrete Pavement and Replacement Program FY16/FY17 - C-7009-1 Work on said Contract was completed, and was found to be acceptable on September 26, 2017 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S. Specialty Insurance Company. BY I%V�✓ Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 6-a rr� �nn Executed on 6 -al Vl 027 at Newport Beach, California. MR a&- a City Jerk P- 0141- OC9</ OR ecC CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 22nd day of November, 2016, at which time such bids shall be opened and read for CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 $ 700,000.00 Engineer's Estimate Approved by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification required for this project. "A" For further information, call Ben Davis, Protect Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http //newportbeachca gov/government/open-transparent/online-services/bids-rFps- vendor-registration City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 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 Once) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be signed) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) 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, 2 n Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 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 bidders security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 1770-7961 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents thattheabove has been revi P2 •• 51(k -A Contractor's License No. & Classification Autho ' I ad Sigrr&WrelTitle DIR Reference Number & Expiration Date :.. 4 1( /ZZA to Date City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of *** Ten percent of amount bid not to exceed Seventy Four Thousand and No/100 Dollars ($74,000.00)* *Dollars ($ 74,000.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE AND PAVEMENT REPLACEMENT PROGRAM, Contract No. 7009-1 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 fror%jiA obligations under this Bond. Witness our hands this 16th da} S&H Civilworks Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety Authorized Agent Signature 625 The City Drive South #130, Orange, CA 92868_ Laurie B. Druck, Attorney -in -Fact Address of Surety Print Name and Title 714-740-7000 Telephone (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino ss. On November 16, 2016 personally appeared Laurie B. Druck CYNTHIA J. YOUNG Notary Public - California z�m San Bernardino County D z . Commission # 2157044 My Comm. Expires Jul 15, 2020' before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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 andofficialseal. Sig ature f f otary Public OPTIONAL Though theinformation 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 fore to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is representing: Number of Pages: POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors, Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($3,000,000.00** **), This Power ofAttorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of#ailowing resolutions adopted by the Boards of Directors ofthe Companies: Be N Result that the President, any Vice -President, any Assistant Vice-president, any Secretary or any Assistant Secretary shall be and is hereby vested with full _powe€adil authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, connects, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by anyeach Attorney4ti-Fact shall be binding upon the Company as if signed by the President and sealed andef ected: by the Corporate Secretary. - Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificale reli d ig thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seats to be hereto affixed, this lstday _ofDecent*, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY `I'ExA3 BONDING COMPANY Corpt7Prite SLdI3 - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COb4PANY Zpj.QpR` ,a"'98�R .»NOiYOdp a xew`•. . v a e/ c¢ F' n'et CLQ ?ntl''• 3r "•,Cs= w, os az Zvq car E -p s t z r Daniel P. Aguilar, Vice President ry4LKepyF4�, ee ♦ „ 9t-F�F^EjF 4., 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, add'not the truthfulness, accuracy, or validity of that document, oiaw ar ,aurum u County of Los Angeles SS: On thislst day of December, 2014, before me, Mena G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indermrit} €ompany, Texas Bonding Company, United States Surety Company find- U3. Specialty Insurance Company who proved to me on "basis of satisfaettuy evidence to be the person whose time is subscribed to the within ma&vment andacknowledged to me that he executed the same in bisihithorized capacity, and that by his signature on the instrument the person, or the entityuponbehalf of which the person 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. MARIA G. RODRIGUE2-1111ONG _ Commission N 2049771 Signature (Seal} iNotary Puhlic -California i Los Angeles County > M Comm, Et fires Dec 20, 2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force -and effect. . In W,,, }}'��lless 1 rereaof, I have herepnto set my hand and affixed the seals of said Companies at Los Angeles, California this 1'_7 V\ day of J��• �QL10 Corporate Seals � »^^.� o�iRAci!'p�q�s `4 tigFhi -u erns CP 'n x ✓ V n NO) Michael Chal Bond No. f01D 'AIN h* 'ts eksan, Assistartt Secretary Agency NO. 3501 �.„"�tuonu,*� '7 *F °;9>eoFn+c"O n.nnunn40 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: 1 t Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address 5e-I-4<iIIALu�� t 1 Bidder Aut red Signaturefftfe 8 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name !; /- 14 &1 V1 UA)o�S FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number IZ�Jr- Qa ,At A Project Description Description �r(t941fut� SDS +4AIRIM4 L R.N�a Approximate Construction Dates: From l Z43 (o To: 12 -12 -011 - Agency Z12-011^Agency Name 1,at)bo GF dfUW-S14i— Contact Person 10'm Nom! nn Telephone ( ) qb 9 - 5363 Original Contract Amount $ 14/ al Contract Amount $ OIV` 4,01i<4 If final amount is different from origiV1, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Ill 0 W No. 2 Project Name/Number_ A—i P (Ayu,45F l rAUAL,� a 64V6 Afflp Project Description flO ti "5 Lj2�tAAW I CO l? p/�tld�� 4y --- Approximate Construction Dates: From 1112-ol& To: i (o Agency Name / LO✓I1 POc� Contact Person _ 1)"J L) nL51zt4A% Telephone ( S 871-10A' USU Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) N 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. TM No. 3 p Project Name/Number ( i uF 1 tVh f'/07 L F NOSCT y%1 l -R 2, Project Description rQ ?✓►�S Q2&_ �k= AQ- Approximate Construction Dates: From %/(o To: Agency Name 1�"IV OF OL–:S rh /` Contact Person DtiUl o %�Jl// �T� Telephone ( ) � qry� 7– laDo2 S22i-rD0 Original Contract Amount $ Final Contract Amount $ 'y7 i'?�77 If final amount is different from original, please explain (change orders, extra work, etc.) PMO-tav dF q ufi Tis Did you file any claims against the Agency? Did the Agency file any claims a against you/Contractor? If yes, briefly explain and indicate outcome of claims. Nb 10 Project Name/Number Project Description Approximate Construction Dates: From Agency Name 'L Contact Person JOC-A G0992c Telephone ( ) s -W-1306, Original Contract Amount $ D0 Final Contract Amount $ IM, 01 `7 If final amount is different from original, please explain (change orders, extra work, etc.) WOW mtK,6 sL,0Pt /#* 01),6401--S 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. 1M, Project Name/Number %17XU4M SI)X k.Abr-- /iy%y&G�% r! Project DescriptionBZ— Approximate Construction Dates: From g To: Agency Name C.&M OF— Contact PersonGL4f 1T2 Telephone Original Contract Amount $60 791 Final Contract Amount $ tD If final amount is different from original, please explain (change orders, extra work, etc.) km"11* qn: gtl' Y✓/nel.? Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number_Lb �� %p►�/� 1 /I�UJ��iI Project Description (,/"115 Approximate Construction Dates: From To: Agency Name_ "!—a` //}JJ Contact Person1 Y /fes) ,, lty Telephone ( 6 q - 6 Original Contract Amount $`'final Contract Amount $ r _ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or onsite Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an apprais Icurrent financial conditions. Bidder Auth ed Sign itle 12 JOSE LEONCIO HERMOSILLO 6071 Moon Place, Jurupa Valley, CA 91752 • Tel. No. 1(951) 399-9420 SUMMARY OF QUALIFICATIONS: Has more than 27 years experience in construction and direct supervision of various public works and roadway rehabilitation projects including, demolition, installation of concrete structures, drainage, asphalt paving and underground utilities. S&H CIVILWORKS — Colton, CA 2014 — PRESENT SUPERINTENDENT- OPERATIONS Duties: Responsible for the entire operations of the company including site supervision and management of workers, maintaining safety, productivity, and high quality of the project. Projects Involved: City of Yucaipa — 13" Street Final Concrete Project (45,810) City of Palm Desert — 2015-16 Curb ramps Modification Project ($99,350) City of Duarte — Bus Pad Relocation at Huntington Drive Project ($18,336) City of Jumpa Valley — Pedestrian Upgrade in Various Location Project ($104,000) City of Arcadia — 2015-2016 Annual Concrete Repairs Project ($58,570) City of Hesperia — ADA Improvements - Year 1 &2 Project ($522,500) City of Lompoc — ATP Sidewalk and Curb Ramp Project ($363,050) GENTRY BROTHERS INC. — Irwindale, CA 2012-2014 EQUIPMENT OPERATOR/CEMENT MASON Projects Involved: City of Pomona — Major Street Rehabilitation -Citywide (FY12/13), Project No. 21768547 (3,365,810) County of Los Angeles — Project ID RDC0015528 Ballentine Place Roadway Reconstruction ($4,208,250) City of Walnut— Kern Way Alley Improvement Project ($82,490) City of Monrovia— Ridgeside Drive Sewer Main replacement ($122,055) City of La Verne— 2014/15 PMS ARAM/Conventional AC and Slurry Seal Program ($609,001) KORMX INC. — Walnut, CA 2009-2012 EQUIPMENT OPERATOR/CEMENT MASON Projects Involved: City of Baldwin Park — Construction of the CDBG ARRA Street Improvements ($276,505) City of Rosemead — Sidewalk, Curb and Gutter Replacement Project ($142,057) City of Redlands — Ed Hales Park Improvement Project ($493,487.90) County of Riverside — Rubidoux Boulevard Street Improvement Phase H ($334,486) PORTSMOUTH CONSTRUCTION INC — Chino, CA 2001-2009 FOREMAN/SUPERINTENDENT Projects Involved: City of Maywood — Sidewalk Reconstruction Project Phase IV FY 2006/2007 ($499,837) City of Maywood — Sidewalk Reconstruction Project Phase V ($311,359) City of Pico Rivera— City Wide Curb and Gutter Rehabilitation Project No. 21153 ($488,560) City of Colton— Citywide Concrete CDBG#104-31105/2900 104-31305 ($722,446.12) City of West Hollywood — Concrete Repair Program ($475,850) City of Beverly Hills — Annual Infrastructure Repairs in Various locations ($544,152) City of Santa Ana -2007 & 2008 Omnibus Concrete Repair ($488,407) S&H CIVILWORKS YEAR 2016 PROJECT REFERENCES: 1. Project Owner: City of Yucaipa Address: 34272 Yucaipa Blvd, Yucaipa, CA 92399 Project: 13th Street Final Concrete Scope of Work: Grading, Demo, Driveway, Curb, Gutter and Sidewalk Contact: Chuck Collette — Construction Manager/Inspector Contact Number: (909) 841-0336 Contract Cost: $45,810 Status: Completed February 2016 2. Project Owner: City of Duarte Address: 1600 E Huntington Dr, Duarte, CA 91010 Project: Bus Pad Construction at Huntington Drive Scope of Work: Grading, Demo, bus pads, Curb, Gutter and Asphalt Contact: Rafael Casillas — Engineering Manager Contact Number: (626) 357-7931 Contract Cost: $18,336 Status: Completed February 2016 3. Project Owner: City of Palm Desert Address: 73510 Fred Waring Dr, Palm Desert, CA 92260 Project: 2016 Curb Ramps Modification Project Scope of Work: Grading, Demo, ADA ramps, Curb, Gutter, Cross gutter and Asphalt Contact: Mike Brown — Public Works Inspector Contact Number. (760) 396-6826 Contract Cost: $99,350 Status: Completed May 2016 4. Project Owner: City of Jurupa Valley Address: 8930 Limonite Avenue, Jurupa Valley, CA 92509 Project: 2015-16 Pedestrian Access Project Scope of Work: Grading, Demo, ADA ramps, Curb, Gutter, Cross gutter and Asphalt Contact: Chase Keys — Project Manager Contact Number: (951) 332-6464 x235 Contract Cost: $104,000 Status: Completed June 2016 5. Project Owner: City of Arcadia Address: 11800 Goldring Road, Arcadia, CA Scope of Work: 2015-16 Pedestrian Access Project Scope: Grading, Demo, Curb, Gutter, Sidewalk, Cross gutter and Asphalt Contact: Jan Balanay — Project Manager Contact Number: (626) 256-6582 Contract Cost: $58,570 Status: Completed July 2016 Page 1 of 2 6. Project Owner: City of South Gate Address: 8650 California Ave, South Gate, CA 90280 Scope of Work: Citywide Sidewalk Improvement — Phase III Scope: Grading, Demo, Curb, Gutter, Sidewalk, Cross gutter and Asphalt Contact: Leticia Ortiz — Project Manager Contact Number: (323) 563-9576 Contract Cost: $272,600 Status: Completed September 2016 7. Project Owner: City of Dinuba Address: 1088 Kamm Ave. Dinuba, CA 93618 Scope of Work: ADA Improvements Project Scope: Grading, Demo, Curb, Gutter, ADA and Sidewalk Contact: Joe Aguirre — Project Manager Contact Number: (559) 591-5906 Contract Cost: $132,014 Status: Completed September 2016 8. Project Owner: City of Hesperia Address: 9700 Seventh Ave, Hesperia, CA 92345 Scope of Work: ADA Improvements Year 1&2 Scope: Grading, Demo, Curb, Gutter, Sidewalk, Cross gutter and Asphalt Contact: David Burkett — Project Construction Manager Contact Number: (760) 947-1202 Contract Cost: $522,500 Status: Completed October 2016 9. Project Owner: City of Lompoc Address: 100 Civic Center Plaza Lompoc, CA 93436 Scope of Work: ATP Cycle 1 Sidewalk and Curb Ramp Project Scope: Grading, Demo, Curb, Gutter, Sidewalk, Cross gutter and Asphalt Contact: Craig Dierling — Project Manager Contact Number: (805) 875-8224 Contract Cost: $363,050 Status: On-going 10. Project Owner: County of Riverside Address: Transportation Department 2950 Washington St, Riverside, CA 92504 Scope of Work: Grand Avenue Sidewalk Improvement Project Scope: Grading, Demo, Curb, Gutter, Sidewalk, Cross gutter and Asphalt Contact: Trai Nguyen — Principal Inspector Contact Number: (951) 961-5363 Contract Cost: $188,740 Status: On-going Page 2 of 2 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 NON -COLLUSION AFFIDAVIT State of California ) County of !s,,u A SVS ae)*AgA;�l LL) being first duly swom, deposes and says that he or she is P 2TzStaJial�� of S g W CAt/IWA&WS , 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 theStat arib lifomia that th oregoing is true and correct. 5%N uvuwo Bidder Authon d Signature ale Subscribed and sworn to (or affirmed) before me on this 9 t day of N W 2016 by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify uNqr PENALTY OF PERJURY under the laws of the State of California that the foregoing para his true and correct. SCE Q-AV-ct;' v cJ Notary Public [SEAL] 13 My Commis ' n Expires: 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 Subscribed and swom to (or affirmed),before me on this day of LJDj Gt cv , 20]S P , by .t S S 50-FkD proved to me on the basis of satisfactory evidence to be the person(o who appeared before me. r�-- MONIUUE LAHTI �` Commission # 2040293 -n Notary Public - California San Bernardino County tdy Comm. Expires Cd 2, 20W , (Seal) Signature City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 DESIGNATION OF SURETIES Bidder's name SA 0 C4Vij,bt,1D"—S 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): —AW&E l E 1 !1/Sv2tWN A ¢-S 7�s Gf�n rr; nAvE otllT�i�oO SfV (SWu 9Vj AVI, 4210 � 14 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record The information requirea Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2015 2014 2013 2012 2011 Total 2016 No, of contracts Total dollar Amount of J r�/ rl 1 Contracts (in Thousands of $ No. of fatalities Noof lost Workday Cases No. of lost workday cases I involving permanent Im transfer to another job or termination of employment The information requirea Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder t44 Cil VIc.wU/ZJvS Business Address: Ctt-I&A) 64A Business Tel. No.: State Contractor's License No. and Classification: I00V Uri ry i%"-c�s Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations-nfthnca Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 08/24/2015 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 partnershiploint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partnersrjoint ventures submit with evidence of authority to act on behalf of the partnershiploint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 *W CIVILWORKS BOARD RESOLUTION OF S&H CIVILWORKS TO NEGOCIATE AND BID CONTRACTS DULY PASSED ON MARCH 18, 2016 RESOLVED, that the President of S&H CIVILWORKS hereby authorized and empowered to enter into a contract and provide bids for public works projects and government agencies, in the name of and in behalf of this Corporation, upon such terms and conditions as may be agreed upon, at the sole discretion of the President. RESOLVED FURTHER that any actions taken by such officers prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed and approved as the acts and deeds of this corporation. It is hereby certified by the undersigned that the foregoing resolution was duly passed by the Board of Directors of the above-named Company on the 18th day of March 2016, in accordance with the Memorandum or By -Laws and Articles of Incorporation of the Company and the laws and by-laws governing the Company and that the said resolution has been duly recorded in the Minute Book and is in full force and effect. 1 �� .+rri►r� Vice President/Secretary 1801 Hilltop Drive, Colton CA 92324 Office: (909) 206-1181 Fax: (909) 498-8021 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 Cfom9iap County of n Cr t-,ra --t; yn 3) On t (2L I ?_0 I to before me,M0Y)ir4 Li<— kLil h0 fUnt flrnh iL ,+ (insert name and title of the offs r) personally appeared less SS SD-, I V who proved tome on the basis of satisfactory evidence to be the pp{son(( whose name( is a subscribed to the within instrument and acknowledged to me thatbhet/sqe t ey executed the same in I ! 1q4/t*ir authorized capacityQ4s), and that bX0i h4r/tIpir signature(a)on the instrument the person(d), or the entity upon behalf of which the person() 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. MONIQUE LAHTI WITNESS m hand and official seal. commission # 2040293 y a Notary Public -California z Sao Barnardino County p!y Comm. F;9res Oct 2, 2017 Signaturd L cu,z' r _ (Seal) City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name _ nK io uVI &Wd *& The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Date 17 City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 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: Skl+ C,1VICWcXGe,-S Business Address:_ 1501 1�1LJ,7o1'IP V8 COL -TOA) CA cn2,W-4 Telephone and Fax Number: _ _( 9 oq) bto(6 11?/ California State Contractor's License No. and Class:_ (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date:_/3U/f 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: 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 J IFI* !Vm P9Z5I Jnr loot 41 U.rbP D¢. coLrw cd, 71 y 8s -s -09v q Corporation organized under the laws of the State of _d4W "-Pa iu The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes/ NNo 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. J z3s -5e-1-To (Print name of Owner or President of C rpor,� . _ mpany) S Sr Fl Uylt-kJo%Llc.s Bidder Aut rized Signa urelfitle P21�510gnrr Title 11-21--1b Date On before me, Notary Public, personally who proved to me on the basis of bktisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument abq, acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), a that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the rson(s) acted, executed the instrument. I certify under PENALTY"QF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Notary Public in and for said State My Commission Expires: 20 S_e c e% 0-cLoE (SEAL) Ivc tu.-•1 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 validi of that document. State of California County of '1n On L 21 2 D 11-4 before me,ti n 1 (4 l" "'I(insert name a��f hDffer) )oub C personally appeared ' -3 eS S -D -"-p who proved tome on the basis of satisfactory evidence to be the person(p) whose name i su sc ' e to the within instrument and acknowled ed to me that e�s At/ey executed the same in t e tj it authorized capacity(iesj and that by er/t6elr signature(g) on the instrument the rson), or the entity upon behalf of which the person;) 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. MONIQUE LAHTI Commission 92040233 Notary Public - California z San Ovrardino County > k My Comm. E%: !res Oct 2. 2017 t (Seal) CONCRETE PAVEMENT AND REPLACEMENT PROGRAM (FY161FY17) CONTRACT NO. 7009-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of December, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and S&H CIVILWORKS, a California corporation ("Contractor"), whose address is 1801 Hilltop Drive, Colton, California 92324, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this Contract includes, but is not limited to, removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing Portland cement concrete ("PCC") sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private irrigation and improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents (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. 7009-1, 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 Seven Hundred Thirty Nine Thousand Nine Hundred Forty Dollars and 00/100 ($739,940.00). 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 Jesse Sotto 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. S&H Civilworks Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 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: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jesse Sotto S&H Civilworks 1801 Hilltop Drive Colton, CA 92324 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 S&H Civilworks Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the S&H Civilworks Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or S&H Civilworks Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, 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, subcontractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. S&H Civilworks Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. iiia: /_V N *o]C71]:1 ZK 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at anytime by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this S&H Civilworks Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this 'Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either parry by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, S&H Civilworks Page 8 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] S&H Civilworks 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' OFFICE Date: �L ZM/ By: Aaron C. Harp �thn Nisot,v City Attorney ATTEST: Date: By: Am" ` Nm'-- Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal cokirat CONTRACTOR: S&H Civilworks, a California corporation Date: C By: Jess Sotto President Date: \ 1 B �—JL�_ Tose Hermosillo Vice President/Secretary [END OF SIGNATURES] Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements S&H Civilworks Page 10 Executed in Duplicate Premium included in charge for Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001023414 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for: removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing Portland cement concrete ("PCC") sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private irrigation and improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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, U.S. specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Thirty Nine Thousand Nine Hundred Forty Dollars and 001100 ($739,940.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. S&H Civilworks 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 California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 3rd day of January —,20 17 . S&H Civilworks Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 625 The City Drive # 205 Orange, CA 92868 Address of Surety 714-740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE n -.a... A 1— 1% r—) City Attorney ��SS A orized Signature/Title X,1'� 6 Olin* Aut orized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title PKW I.1d 17 NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civiiworks Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ SS. County of San Bernardino / On January 3, 2017 personally appeared Laurie B. Druck CYNTHIA J. YOUNG •r Notary Public - California a-ai San Bernardino County i Z Commission # 2157044 a My Comm. Expires Jul 15, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / Signature Oi'N LaryPublic OPTIONAL U ( 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 I Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss, On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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. (seal) State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-3 STATE OF CALIFORMA DEPARTMENT OF INSURANCE NQ 07984 SAN FRANCISCO Amended CertifiCate of Authority THIS IS TO CERTIFY THAT, Pursuont to thelnsurance Code of the State of California, D.S. Specialty Insurance Company Of Houston, Texas , organized under the laws of Texas ,subject to its Articles of Incorporation or otherfundamenral organizational documents, is hembyauthorized to transact within the State, subjectto all provisions of this Certificate, the following classes elfinsurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance laws of the State of California. THIS CERTIFICATE is espmssly conditioned upon the holder hereof now and hereafter being in f0 compliance with all, and nor in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the Stare of Ca/ffornfa as long as such laws or requirements are in effect and applicable, and as such laws and riquimments now are, or may heregffeer be changed or amended. IN WITNESS WHEREOF effective as of the 29th dayof December 1 2004 ,IhavEhemunto set my hand and caused my official seal to be affixed this 29th day of December 2004 • 6y for Ida Zodrow NOTICE: Quiifieadoewi,h the Seerctiry of stele must be nccomplishcd es required by die s ode pro after iaumm or thic Cmdreate of Authority. Failum to do m will be i vialadon of les wm Code Sectinn 701 end u gmunde an rovorang thlc Ccnlfieste of Authority pursuant to the cauvenants made in the appf eidiOn therefor end the conditions conminedhettin. AMCb, O!r Ip ANI POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stood, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars (S **3,000,000.00** ). This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and set for and on behalf of the Company subject to the following -provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. _ Be it Resolvers that the signature of any authorized officer and scatof the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate beaftniarsi dle signature or facsimile seal shall be valid and binding upon the Company with respect to anybond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. - .- AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ``4o�,,ppcTOAS O,? ppR�6.6n/�'Tt,. 8 =*a er,,:v,,u 14F Fie - ri to d-JYE 'f :3 a > E` Daniel P. Aguilar, Vice President notary public or other officer completing this i erfificate 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 Los Angeles SS: On this tat day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personally appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 cer* 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. MANIA GYYDN G. p00HIGUEZ-G R Comnnssion N 209771 il Signature (Seal) y Notary Public - California i -- z Los Angeles County ^'M Comm. U-1— — 20.2017 y I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. in Wil ass Whereof. I have h��IIggun o set my hand and affixed the seals of said Companies at Los Angeles, Califomia this 3rD day of 'Z ////// - - - @ o:nSU: ' DINQ opy as°`�n�µr sD✓r'_ Corporate Seals �:........... y�� Si. , MiebaelChalekson Assistant Secretary Bond No. 100 10a3 4111q No. 3501 ,'%,•., oa> %,. .._ .�f?._s..=f10 M1NAMiA„ Syr nnn "�iFOFTE„a`a"` NW: iuln:aa` 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 C lifornia Countyof�ri Y-ncAr t1nD}ss. On 01 '1 r) 201- ) before meal D n ; Notary Public, personally appeared CSS }lr-n who proved to me on the basis of satisfactory evidence to be is (e subscribed to the within instrument and acknowledged to the same in . iii bei/the( authorized capacity(ig(s), and that by h'i instrument the person(§r), or the entity upon behalf of which tl`iei instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Vy Signature (� the person(p) whose me that Cid/shib/thky executed Yhep/thel signatures(s) on the personV) acted, executed the #awe .of_'thetate Df -� Hfat the NICNICUE LAHTI els Commission Y 2040293 z Notary FLN1. - California z San r ; 1. ,Lino County x -' My Comm. Ez;iras Oct 2, 2017 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. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-3 Executed in Duplicate Premium is for contract term and is subject to adjustment based on final contract price EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001023414 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 13,319.00 , being at the rate of $ 18.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to S&H Civilworks hereinafter designated as the "Principal," a contract for., removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing Portland cement concrete ("PCC") sidewalk, curb and gutter, and access ramps; installing tree root barriers, restoring private irrigation and improvements impacted by the work, and other incidental items to complete work in place as required by the contract documents, 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 U.S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Thirty Nine Thousand Nine Hundred Forty Dollars and 00/100 ($739,940.00) 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 S&H Civilworks Page B-1 expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day of January 2017 . S&H Civilworks Name of Contractor (Principal) U.S. Specialty Insurance Company Name of Surety 625 The City Drive So. #205 Orange, CA 92868 Address of Surety 714-740-7000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICI City Attorney c' Au orized Signature/Title LA ill R 0A,Ucab Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civiiworks Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On January 3, 2017 personally appeared Laurie B. Druck CYNTHIA J. YOUNG Notary Public - California = San Bernardino County Z ' Commission # 2157044 My Comm. Expires Jul 15, 2020+ before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. ignat re f Notary Pub i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT 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 1 ss. On 20 before me, Notary Public, personally appeared Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07984 SANFRANCISCO Amended Ce rtificate of Authority TFIIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of Califomlo. U.S. Specialty Insurance Company Of Houston, Texas , organized under the latus of Texas ,subject to its Articles of(ncorporation or otherfundamenral organizational documenLr, is herebyauthorieed to transact within theStafe, subject to all pmvisfow of this Cert�rieate, rhe following classes of insurance: Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in fire insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and nor in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requimmems now are, or may hemeer be changed or amended. IN WITNESS WHEREOF, effective as ofthe 29th day of December 2004 , I have hemunfo set my hand and caused my official seal to be affixed this 29th dayaf December 2004 - 13y for Ida Zodrow NOTICE: Qualifteyuan with the Seererpry ofStata must be ottompliyhcd Gt required by the a ode pro after swoon- or We Certificate of Authority. Failure to do so will he a violation of Insumnee Code Section 101 and .. grounds for rev019n9 this Cadflmm of Authority pursuant to the convenentt made in the appli"flon therefor cad th conditions contained herein. i POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Tbree Million***** Dollars ($ **3,000,000.00** ), This Power of Attorney shall expire without further action on December 20, 2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: -Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full - power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following pirwiisions - Attorney -in -Fact may be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seat of the_Gompany heretofore or bereaaer affixed to any power of attorney or any certrfreme relating thereto by facsimile, and any power of attorney tar certificate hearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attacheB:._, IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of December, 2014. AMERICAN CONTRACTORS INDEMNITY COMPANY TExA$ BONDING COMPANY C OrC Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY � �P By: tom+ T Daniel P. Aguilaresident "'ghr4('iOAN N.o° e! '..�..,p.....p a ',nyn OF. o•° °3y„m'... ..: A notary public or other officer completing this certificate veriftes€,nly the identity of the individual who signed the document to which this certificate is amached, and not the truthfulness, accuracy, or validity of that document. State of California - - County of Los Angeles SS: On [his lst day of December, 2014, before me, Maria G. Rodriguez -Wong, a notary public, personalty appeared Dan P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of. _satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorizedtapacity, and that by his signature on the instrument the person, or the entity upon beha}fof which the person acted, executed the instrument. 7' I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. yrr� 7 MARIA G. Commission # U 4g7r1 i 7 Commission N 2019771 Signature Seal < "�� gna ( ) z w._ Notary Public - California z z Los Angeles County > _-_ Mv Comm. 1—Due 20,2017 I, Michael Chalekson , Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 3l Q day of Iamuauu�._ .A�L4. Corporate Seals `aapH�RAtTORi:q„ o`°4E6'SIuP NrE Bond No. � 40 � �a� � � � -"' n;= � � _ Michael Chalekson, Assistant Secretary j� 127 ST. 6 S Agency NO. 3501 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 C�1�fornia_ j Countyoft P -A nD 1 ss. On til 1 I -117-0 I 1 2QL-� before me,N1T7 rl i �l.tP, Notary Public, personally appeared `CCAS who proved to me on the basis of satisfactory evidence to be the person(fs) whose name(g) is /aa subscripRd to th within instrument and acknowledged ale -that hejlshelthey executed tie same in is/he�th it authorized capacity(Ks), and that by his r/t) air signatures(s) on the instrument th person 01or the entity upon behalf of which the persony, acted, executed the instrument. 11 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. �/ \! 1 d�S1il� w Signature ACKNOWLEDGMENT A notary public or other officer cornpleting this certificate verities only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity if that document. (seal) State of California County of }ss. On. 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-3 MQNIQUE LAHTI r a SCfneo Commission # 2040293 + a., Notary Public - California z San Bernardino County '— My Comm. Expiras ^cY 2, 2017 . ACKNOWLEDGMENT A notary public or other officer cornpleting this certificate verities only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity if that document. (seal) State of California County of }ss. On. 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-3 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed S&H Civilworks Page C-1 operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, and volunteers, shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other S&H Civilworks Page C-2 endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage 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 - S&H Civilworks Page C-3 insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractors 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. S&H Civilworks Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/20/17 Dept./Contact Received From: Raymund Date Completed: 1/20/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: S & H Civilworks Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/15/16-2/15/17 A. INSURANCE COMPANY: James River Casualty Company B. AM BEST RATING (A-: VII or greater): A: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes E No D. LIMITS (Must be $1 M or greater): What is limit provided? 1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach E Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/15/16-2/15/17 A. INSURANCE COMPANY: Employers Mutual Casualty Company B. AM BEST RATING (A-: VII or greater) A: XIV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/15/16-2/15/17 A. INSURANCE COMPANY: Benchmark Insurance Company B. AM BEST RATING (A-: VII or greater): A-: VII C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1 M F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1/20/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval needed due to GL carrier being non -admitted. Sheri Approved 1/20/17. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach CONCRETE AND PAVEMENT REPLACEMENT PROGRAM Contract No. 7009-1 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 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7009-1 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: ft -2f-16 Date (TWOObOl A y�Ssr�1/ Bidder's Telephone and Fax Numbers 100*,gO �C,H1Ss "A n Bidders License No(s). and Classification(s) 5�t3 ��l�d Pis Bidd — Bi r sAuthorized Signature and Title 5101 i lu.ybp 0,,e•f.4L-ToA) CACI" Bidder's Address Bidder's email address: (Y)^N. 5hoV) 1WvVop—S (P Erna 11, c00 PR -1 i City of Newport Beach CONCRETE PAVEMENT AND REPLACEMENT PROGRAM (C-7009-1), bidding on November 22, 2016 10:00 AM (Pacific) Bid Results S&H Proposal S&H NB proposal.pdf Bidder Details General Attachment Vendor Name S&H Civilworks Address 1801 Hilltop Drive Colton, CA 92324 Type Item Code UOM Qty United States Respondee Jesse Sotto Respondee Title President Phone 714-855-0909 Ext. 101 Email info.shcivilworks@gmail.com Vendor Type $15,000.00 License # CA DIR Lump Sum 1 Bid Detail $7,500.00 Bid Format Electronic Submitted November 21, 2016 11:38:38 PM (Pacific) Delivery Method $175,000.00 Bid Responsive Bid Status Submitted Confirmation # 93029 Ranking 0 Respondee Comment Buyer Comment $10.00 Attachments Page 1 Printed 11/222016 File Title File Name File Type S&H Proposal S&H NB proposal.pdf General Attachment Bid Bond Form new doc 222.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization Lump Sum 1 $15,000.00 $15,000.00 2 Traffic Control Lump Sum 1 $7,500.00 $7,500.00 3 Remove & Construct 4 -Inch Thick PCC Sidewalk Square Foot 35000 $5.00 $175,000.00 4 Remove & Construct PCC Type "A" Curb & Gutter Linear Foot 1000 $30.00 $30,000.00 5 Remove & Construct Residential PCC Driveway Approach Square Foot 4000 $10.00 $40,000.00 PlanegSids, inc. .......................... .......... City of Newport Beach Page 2 CONCRETE PAVEMENT AND REPLACEMENT PROGRAM (C-7009-1), bidding on November 22, 2016 10:OOAM (Pacific) Printed 11/22/2016 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove & Construct Commercial PCC Driveway Approach Square Foot 1200 $15.00 $18,000.00 7 Remove & Construct 8 -Inch Thick PCC Cross Gutter Square Foot 2300 $20.00 $46,000.00 8 Remove & Construct PCC Curb Access Ramp Each 76 $4,000.00 $304,000.00 9 Coldmill AC 2 -Inch and Install 2 -Inch AC Square Foot 2100 $5.00 $10,500.00 10 Remove & Reconstruct 84nch Thick PCC Pavement Square Foot 500 $30.00 $15,000.00 11 Construct 6 -Inch Thick PCC Accessible Parking Spot Square Foot 350 $40.00 $14,000.00 12 Install 12 -Inch Thermoplastic Striping Lump Sum 1 $6,000.00 $6,000.00 13 Install 1 -Inch Crushed Rock Base Cubic Yard 86 $50.00 $4,300.00 14 Prune. Tree Roots Each 160 $200.00 $32,000.00 15 Tree Removal Each 8 $730.00 $5,840.00 16 Provide ISA Certified Arborist Lump Sum 1 $4,000.00 $4,000.00 17 Replace Existing Pull Box & Cover Each 20 $300.00 $6,000.00 18 Remove & Replace with New Water Meter Box & Cover Each 6 $300.00 $1,800.00 19 Remove & Replace with New Valve Box & Cover Each 5 $400.00 $2,000.00 20 Re-establish Comer Record/Monument Each 3 $1,000.00 $3,000.00 Subtotal $739,940.00 Total $739,940.00 Subcontractors Name & Address Description License Num Amount Type Planet8ids, Inc. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE AND PAVEMENT REPLACEMENT PROGRAM CONTRACT NO. 7009-1 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-2 PROSECUTION OF THE WORK 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.7.2 Steel Plates 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.3 Street Closures, Detours and Barricades 1 1 1 i 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 6 6 6 6 6 7 7 7 7 8 8 8 9 7-10.4 Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 10 7-10.6 Notices to Residents 10 7-10.7 Street Sweeping Signs and Parking Meters 10 7-15 CONTRACTOR'S LICENSES 11 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-3 PAYMENT 11 9-3.1 General it 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 15 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENTCONCRETE 15 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 16 201-2 REINFORCEMENT FOR CONCRETE 16 201-2.2 Steel Reinforcement 16 201-2.2.1 Reinforcing Steel 16 SECTION 215 --- TRAFFIC SIGNS 16 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 300-1.5 Solid Waste Diversion 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.3 Driveway Entrances 18 303-5.5 Finishing 18 303-5.5.1 General 18 303-5.5.2 Curb 18 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 18 308-1 General 18 SECTION 310 - PAINTING 19 310-5 PAINTING VARIOUS SURFACES 19 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310-5.6.7 Layout, Alignment, and Spotting 19 310-5.6.8 Application of Paint 20 SECTION 313 --- TRAFFIC SIGN INSTALLATION 20 SECTION 400 -ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 20 400-2 UNTREATED BASE MATERIALS 20 400-2.1 General 20 CITY OF NEWPORT BEACH L_SBENA PUBLIC WORKS DEPARTMENT AV82 SPECIAL PROVISIONS CONCRETE AND PAVEMENT REPLACEMENT PROGRAM CONTRACT NO. 7009-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (3) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing sidewalk, curb and gutter, and access ramps; removing or pruning tree roots; removing trees; constructing PGC sidewalk, curb and gutter, and access ramps with truncated domes, restoring private irrigation and improvements impacted by the work, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents." Page 1 of 20 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP Page 2 of 20 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3m paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. Page 3 of 20 SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Work at the two locations listed below must be scheduled during the Newport Mesa Unified School District Calendar Holiday Recess days on the following weeks of January 2nd to 6th, February 20th to 24th, April 10th to 14th or after the last day of school June 23rd. 1. Balboa Blvd at 12th St and 13th St (Newport Elementary School) 2. Mariners Drive from Irvine Ave to Dover Dr (Mariners Elementary School) 6-2 PROSECUTION OF THE WORK Add to this section: "Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. For trees requiring arborist inspection, as indicated in the Arborist Tree Report summary, concrete work around selected trees shall be scheduled with the Arborist for review during concrete removal to finish inspection before root pruning. Trees on Ashford Lane, Glenwood Lane, Candlestick Lane, Starlight Circle, and Sandalwood Lane are special trees, no root pruning is allowed and all concrete removal must be performed by hand. These special trees also require an Arborist report to evaluate root health and size during concrete removal. If the arborist cannot provide an explicit recommendation or requests tree removal, the Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. Page 4 of 20 Prior to work near trees on the above streets, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar at (949) 644-3197 at the site to discuss City standards and requirements at these locations. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th,(Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 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 Page 5 of 20 Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water and/or sewer facilities to take place. Page 6 of 20 A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m, will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Page 7 of 20 Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Special measures required at Balboa Yacht Basin to contain construction materials at seawall sidewalk. h. Removing any construction related debris on a daily basis. i. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Traffic Control Plans are required for all lane closures on Balboa Blvd., San Joaquin Hills Road and East Coast Highway. The Traffic Control Plans shall be stamped and signed by a Registered Traffic Engineer in the state of California. Pedestrian access to all storefronts, offices, residences, dock ramps, etc., within the limits of work must be maintained at all times. The Balboa Yacht Basin dock ramps will require temporary wooden access ramps to be built to maintain access during all phases of sidewalk construction. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other Page 8 of 20 measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3) The Contractor shall finish concrete placement for all open excavations before the weekend so that all excavated P.C.C. will be poured back within the same work week. All new ADA ramps shall have truncated domes installed within 48 hours after concrete placement. 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. Page 9 of 20 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notices to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters 7-10.7 Street Sweeping Signs and Parking Meters After posting temporary "NO -PARKING -TOW AWAY' signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction Page 10 of 20 with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City of Newport Beach "PERMIT PARKING ONLY" signs are available from the Engineer. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. At the time of the award and until completion of work, the Contractor shall retain an ISA Certified Arborist to assess all tree root pruning locations noted on WORK SCHEDULE. At the start of work and until completion of work, the Arborist shall possess a Business License issued by the City of Newport Beach. SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as needed, 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, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and Page 11 of 20 temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 3 Remove and Construct 4 -Inch Thick PCC Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick minimum P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 4 Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB STD -182-L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re - chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 5 Remove and Construct Residential P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.C. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Contractor shall complete all private improvement repairs Item No. 6 Remove and Construct Commercial P.C.C. Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway Page 12 of 20 approach per CNB STD -160 -L-A, 12" wide x 12" deep A.C. patch back, steel plating as needed providing access during non -working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Concrete for commercial driveway shall be Class 660 -CW -4000. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 7 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portions of existing cross gutter and spandrels, compacting subgrade and base material, installing dowels and base material, constructing 8 -inch thick P.C.C. cross gutter per CNB STD -185-L, 12" wide x 12" deep A.C. patch back, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Location of cross gutter removals and construction shall be directed by the Engineer during construction. Omission of this payment item in its entirety shall not result in any compensation. Item No. 8 Remove and Construct P.C.C. Curb Access Ramp: Work under this item shall include, but not limited to, sawcutting, including sawcuttting concrete spandrel of adjacent cross gutters, all labor and materials relating to removing; disposing existing improvements; importing and compacting subgrade; constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD - 181 -L, retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk; and all other work items as required to complete the work in place. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases. All ramps shall conform to current ADA regulations. Item No. 9 Cold Mill Asphalt Pavement and Install 2 -inch Thick Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the "Intersection Ramp Improvement Exhibit" and installing 2 -inch thick Asphalt Pavement 111 -C3 -PG 64-10 RAP mix design and all other work items as required to complete the work in place. Item No. 10 Remove and Construct 8 -Inch Thick PCC Pavement: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing existing concrete slabs and asphalt patch, placing base, compacting subgrade, installing dowels, constructing P.C.C. per the City Standard Drawing STD -105 -L -B 'Trench Resurfacing", #5 dowel, 18" O.C. with epoxy coating, sawcutting joints and all other work items as required to complete the work in place. Item No. 11 Construct 6 -Inch Thick PCC Accessible Parking Spot: Work under this item shall include, but not limited to, all labor and materials relating to excavating, supplying crushed miscellaneous base, compacting base and subgrade, constructing Page 13 of 20 formwork, constructing 1 foot deep and 6 inch wide concrete key at all four borders of the parking spot, pouring concrete, finishing concrete, sawcutting weakened plane joints, painting all stripes and symbols using thermoplastic paint, and per the 2015 CalTrans Standard Plan Detail A90A, supplying all signs shown on the exhibit, and all other work items as required to complete the work in place. Item No. 12 Traffic Striping: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 13 Construct Crushed Rock Base: Work under this item shall include, but not limited to, all labor and materials relating to excavating, supplying, placing and compacting crushed rock base and all other work items as required to complete the work in place. Omission of this payment item in part or its entirety shall not result in any compensation. (This item is for backfill under sidewalk at the Balboa Yacht Basin and shall be 1" size) Item No. 14 Prune Tree Roots (L=10'): Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308- 1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 15 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots to a minimum depth of 18 -inches below ground surface, and soil; adjusting surface grade to match adjacent improvements; making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions; restoring the ground surface and all other work items as required to complete the work in place. Assume trunk size of 24 inch diameter at breast height. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Omission of this payment item in part or in its entirety shall not result in any compensation. (Pine tree at 229 Orchid Ave, 24 inch DBH) Item No. 16 Provide ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for locations identified on the WORK SCHEDULE as "Root Pruning." The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Special Tree root condition reports are required for trees on Ashford Lane, Glenwood Lane, Starlight Circle, Page 14 of 20 Candlestick Lane, and Sandalwood Lane. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Item No. 17 Remove and Replace Existing Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; furnishing and installing new #3'/zF pull box and cover per CNB STD -204-L or 205-L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Item No. 18 Remove and Replace New Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing water meter boxes, frames and covers to grade per CNB STD -502-L or STD - 503 -L, match the finish surface and all other work items as required to complete the work in place. Item No. 19 Remove and Replace New Valve Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water valve frames and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Item No. 20 Re-establish Corner Record/Monument: Work under this item shall include, but not limited to, all labor and materials relating to restoring corner monument and required Record of Survey or Corner Records with the County of Orange upon monument restoration, and all other work items as required to complete the work in place. (Three known locations: 1206 Pembroke Ln, 1436 Galaxy Dr, 1621 Dorothy Ln) 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements Page 15 of 20 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: unless otherwise indicated, Portland Cement concrete for construction shall be Class 560-C-3250 and concrete for Commercial Driveways shall be 660 -CW -4000 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 3 -inch minimum cover unless shown otherwise on the plans. Add the following Section: SECTION 215 --- TRAFFIC SIGNS Sign shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be, Type 4 or greater. Sign shall be made of aluminum (.08 inch thickness). New Sign Posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/ inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of Page 16 of 20 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-Y2 inch" of the last sentence with the words 'two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements Add to this section: `The contractor shall reconstruct all curb access ramps, sidewalk, curb and gutter within the same week they are removed and be open for use before the weekend or holidays. If sidewalk panel cannot be completed on time it must be filled and compacted with temporary AC over the weekend or holiday. Locations at Glenwood Drive and Ashford Lane have special trees where no root pruning is allowed. Sidewalk removals on these two streets will have to be done by hand so that the tree roots are not damaged. Sidewalk may be required to be ramped over tree roots and the maximum slope at these locations shall be 5 percent." Page 17 of 20 303-5.1.3 Driveway Entrances Add to this section: "The contractor shall keep new concrete driveways closed for seven (7) days to allow concrete to cure. The contractor shall notify property owners of planned shutdown dates and times. For apartment complex carport driveway entrances on Rutland Road only one driveway per carport area can be closed at a time. 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall remove all formwork, repair irrigation systems, backfill and patch back A.C., P.C.C. and brick within 72 hours on private property in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services. The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall retain and follow the written recommendation of the approved ISA Certified Arborist for the safe pruning and removing tree roots in areas specified on the Work Schedule. The Arborist shall provide a written report with the recommendations to both the Engineer and Contractor. No trees shall be removed unless formal written approval is provided by the City. Prior to tree removal, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar at (949) 644-3197 at the site to discuss City standards and requirements. The contract arborist shall be listed on the Designation of Subcontractor(s) form. 1. Root Pruning Page 18 of 20 a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Tearing of roots will not be acceptable. c. A root pruning sample at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 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 or as noted by the Urban Forester on the submittal. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. If there is a serious question about the stability of a tree such a large diameter roots must be removed, the Contractor shall notify the Engineer for approval. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the General Services Department. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.7 Layout, Alignment, and Spotting Page 19 of 20 Modify and amend this section to read: "The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton or approved equal. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be reflectorized thermoplastic. The reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. Add the following Section: SECTION 313 --- TRAFFIC SIGN INSTALLATION Any traffic signs that are in sidewalk or access ramp areas scheduled for replacement shall be replaced and/or reinstalled with new Unistrut base and sign at a clear height of seven feet at minimum. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. PART 4 SECTION 400 -ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base, or approved equal, as the base materials." Page 20 of 20 Zv BALBOA YACHT BASIN - SIDEWALK CONCRETE AND PAVEMENT REPLACEMENT PROJECT BALBOA YACHT BASIN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7009-1 1 12/13/16 CONCRETE REPLACEMENT 150SF Bq(Boq B� V� (Fq srgoUND) CONCRETE REPLACEMENT 330SF Bq�80q BC VD i i `v/8OUNo) BALBOA BLVD PAVEMENT REPLACEMENT CONCRETE AND PAVEMENT REPLACEMENT PROJECT BID ITEM #10 H O Z Go CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7009-1 1 12/13/16 Lc Q x� C) Q SINGLE PARKING STALL PER CALTRANS STANDARD PLAN A90A 18' MIN VAN ACCESSIBLE 9' WIDE PARKING STALL AND 8' WIDE TO THE RIGHT OF STALL PROVIDE SIGNS R99C AND R7 -8b AND MOUNT ON CHAIN LINK FENCE. CONCRETE PAD SHALL BE 6 -INCH THICK AND HAVE 1 FOOT DEEP KEY 6 -INCH WIDE ON ALL SIDES SAWCUT WEAKENED PLANE JOINTS EVERY 6' BOTH ', ,'AYS V� PARKING SPOT LO( WEST COAST HIGHWAY LOWER CASTAWAYS - ACCESSIBLE PARKING SPOT CONCRETE AND PAVEMENT REPLACEMENT PROJECT BID ITEM #11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7009-1 1 12/13/16 r, I z N fqq z . u am 4 ge.LAoguou � Al n 4 9 '4'� ACV 2 lip N r RR a Y 1.9 Smgc sm c a m� y YY3 ft8 ail� zL 9$�mmrmm.Mm-^mm v mrm: $$ Y n r, I z N 63L fqq z . u am P � O q n 63L z u am O q n 4 9 '4'� ACV 2 lip N r RR a Y 1.9 Smgc sm c a m� y YY3 ft8 ail� v 63L R m Y z u 's v mrm: Y In ymj �� rN In mm� �1 Ffi. �� 6m m � I P R m Y --------------- I _-_------ 1 f 1 7 1 1 I N�-,L „ o ', s SEE DETAIL A "' "''�--> SHOWN ON SHEET 2 1 LOOPS & STUB OUT ' 7 \ IIY I r� / ED 4 i T 7 \\ \ 5- \\ 20 30 40 (IN FEET) 1 INCH = 20 FEET I EAST COAST HIGHWAY LU 9A Of w��1 �l1 W �/ l Z - - - CONSTRUCTION NOTES O1 PROTECT IN PLACE ( COLD MILL 2" AND INSTALL 2" AC PAVEMENT (C2 -PG 64-10). 03 REMOVE EXIST. & CONSTRUCT NEW CURB RAMP PER SPPWC STD. DWG. 111-5, CASE C. TRUNCATED DOMES PER CNB STD. 181 -L-A THROUGH D SEE DETAIL B ( REMOVE EXIST & CONSTRUCT NEW, 4" THICK, PCC SHOWN ON SHEET 3 SIDEWALK. RELOCATE EXISTING WATER METER & COUPLE/INSTALL NEW 2" WATER LATERAL TO JOIN EXISTING PER CNB STD 503-L ' 3 INSTALL WHITE 12" CROSSWALK (10' INTERNAL WIDTH) 07 ADJUST EXISTING PULLBOX TO GRADE. REMOVE EXIST. 0" MOW CURB & ADJUST LANDSCAPING TO MATCH PROPOSED GRADE HATCHING LEGEND LOOPS & NEW PCC CURB/SIDEWALK/RAMP 3 4 / STUB OUT 1 / % 2" GRIND & AC OVERLAY O CONSTRUCTION NOTES O1 PROTECT IN PLACE u COLD MILL 2" AND INSTALL 2" AC PAVEMENT (C2 -PG I 64-10). LOOPS AND \;u STUB OU O REMOVE EXIST. & CONSTRUCT NEW CURB RAMP PER i POLE .& '� { SPPWC STD. DWG. 111-5, CASE C. TRUNCATED DOMES ISH BUTTON \ \ _ PER CNB STD.181 THROUGH D L k8, < k< I 4 O �OppOp Qpo eQpd,O�,pQ0p0 001 -00 0 0p00 000 pOpp pp0 < p O a0oJ®spp opo pbpIIp d 0 0 p< k o < % 9 0010 < k + 4 < �.4 k i L t k k I k. 4 yi < t J L L � k L ,< Al 1 4 —^I �Ap/1rI` 4 , 4 t ' �/L , 4 4 k m < < k < I 4 5-7. TS -PB BUTTON k SWC EAST COAST HIGHWAY AND IRVINE TERRACE 1"=5' O4 REMOVE EXIST & CONSTRUCT NEW, 4" THICK, PCC SIDEWALK. �5 RELOCATE EXISTING WATER METER & COUPLE/INSTALL NEW 2" WATER LATERAL TO JOIN EXISTING PER CNB STD 503-L @6 INSTALL WHITE 12" CROSSWALK (10' INTERNAL WIDTH) O7 ADJUST EXISTING PULLBOX TO GRADE. ® REMOVE EXIST. 0" MOW CURB & ADJUST LANDSCAPING TO MATCH PROPOSED GRADE HATCHING LEGEND NEW PCC CURB/SIDEWALK/RAMP 3 4 0 5 7.5 10 (IN FEET) 1 INCH = 5 FEET - ------------------ CONSTRUCTION NOTES __-----------------_---------- — — O1 PROTECT IN PLACE COLD MILL 2" AND INSTALL 2" AC PAVEMENT (C2 -PG 4 I - 64-10). >4 04 03 REMOVE EXIST. & CONSTRUCT NEW CURB RAMP PER -H SPPWC STD. 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HILL PROJECT LOCA TI ONS°gciF/c o0�02ly _ o oc" 9QF dly� 9ST VICINITY MAP NOT TO SCALE CONCRETE AND PAVEMENT REPLACEMENT PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7009-1 12/13/16