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HomeMy WebLinkAboutC-7028-3 - Newport Heights Alley ReplacementJuly 24, 2019 Nobest Incorporated Attn: Larry Nodland 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Newport Heights Alley Replacement — C-7028-3 Dear Mr. Nodland: CITY OF NEWPORT 6EACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On July 24, 2018, 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 July 25, 2018 Reference No. 2018000271095. The Surety for the contract is Merchants Bonding Company and the bond number is CAC714700. Enclosed is the Faithful Performance Bond. Sincerely, ✓� Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS This bond was executed in PREDICATED ON THE two (2) identical counterparts. FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. CAC714700 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 35,138.00 , being at the rate of $ 25.00 / $15.00 / $10.00 / $7.50 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Nobest Incorporated hereinafter designated as the "Principal," a contract for the following work, Including but not limited to, distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curbs and gutters, private driveways, adjusting utilities to grade, and other incidental Items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the project limits 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 Merchants Bonding Company (Mutual) , 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 Three Million Three Hundred Eighty Five Thousand Dollars and 001100 ($3,385,000,00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only In the Nobest Incorporated V _ Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day o Nobest Incorporated Name of Contractor (Principal) Merchants Bonding Comps (Mutual) Name of Surety 6700 Westown Parkway West Des Moines, IA 50266 Address of Surety (800) 678-8171 Telephone APPROVED AS TO FORM; CITY ATTORNEY'S OFFICE; Date. n, By: Aaron C. Harp 'A -M arrl0+117- City Attorney Arturo Ayala Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Nobest Incorporated Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 3,2017 before me, Scott Milne II/Notary Public Date Here Insert Name and Title of the Officer personally appeared _ Larry Nodland Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SCOTT MILNE II Commission # 2033765 Notary Public - Celltornla Low Orange County M Co mm. Ex iresAu t2,2Ot7+ Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Signature OPTIONAL official seal. of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Larry Nodland _ X, Corporate Officer — Title(s): President I Partner — t I Limited 1-1 General !Individual ❑ Attorney in Fact ! Trustee LJ Guardian or Conservator _i Other: Signer Is Representing: Number of Pages: Signer's Name: i Corporate Officer — Title(s): Partner —-i Limited r1 General Individual ❑ Attorney in Fact 7 Trustee -1 Other: Signer Is �_� Guardian or Conservator Representing: ©2016 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 18S. 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($) 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 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 Orange ) ss. On July 3, 2017 before me, _ Susan Pugh Notary Public, personally appeared _Arturo A ala 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 Susan Pugh SUSAN FUGH COMM.H2105405 iG!i n Notary PufAc alitornia ¢ ORANGE COUNTY a � Mlt m'rn. tx�n sApi �9, 2U15� (seal) ------- Nobest Incorporated page B-3 MERCHANT Bond No. CAC714700 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, tome ke, execute, seal and deliver on behalf oft he Companies, as Surely, bonds, undertakings and other writ ten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of, TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State.ofFlodds Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of March 2017 ,d iiNl,y ....... CQ ••. Flo MERCHANTS BONDING COMPANY (MUTUAL) ,rr`101�,�4'',,.- °„opl0gq�©ps •,aO\NG • ,4,.4Z,pP0gq.9�. MERCHANTS NATIONAL BONDING, INC. 3' �' 1933 ' zd •�.: 1933 c;/�%� ,y o. e v STATE OF IOWAl +l,l+ll+'', .......• COUNTY OF Dallas ss. President On this 10th day of March 2017 , before me appeared Larry Taylor, tome personally known, who being by me sworn did say that he is Resident of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. zras WENDY WOODY VV Commission Number 734654 a '- My Commission Expires (Expiration of notary's commission does not Invalidate this instrument) IZ)-f'19QQ Notary Publr , County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of July ,2017 ,rile •..., p1?'O00'4.Oi 4a= :•.O�Ot\POy9f9ye.. 3' �' 1933 ' POA 0014 (6/15) Secretary September 28, 2018 Nobest Incorporated Attn: Larry Nodland 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Newport Heights Alley Replacement C -70,x9-3 Dear Mr. Nodland: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On July 24, 2018 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 July 25, 2018, Reference No. 2018000271095. The Surety for the bond is Merchants Bonding Company and the bond number is CAC714700. Enclosed is the Labor & Materials Payment Bond. Sincerely, i Leilani I. Brown, MMC City Clerk Enclosure This bond was executed in two (2) identical counterparts. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CAC714700 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Nobest Incorporated hereinafter designated as the "Principal," a contract for the following work, including but not limited to: distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curbs and gutters, private driveways, adjusting utilities to grade, and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the project limits 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 fall 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, Merchants Bonding Company (Mutual) 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 Three Million Three Hundred Eighty Five Thousand Dollars and 001100 ($3,385,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to. be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Nobest Incorporated 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 Jules 2017 Nobest Incorporated Name of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 6700 Westown Parkway West Des Moines, IA 50266 Address of Surety (800) 678-8171 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S /' OFFICE Date: 94 �1 z . By: Aaron C. Harp City Attorney Arturo Ayala Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Nobest Incorporated Page A-2 UALIFORAIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 3,2017 before me, Scott Milne II/Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Nodland Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SCOTT MILNE 11 WITNESS my han and official seal. Commission # 2033765 Notary Public - California Orange County Signature OEM ComW�w jr Au 12 2017+ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Larry Nodland X Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator u Other: Signer Is Representing: Number of Pages: Signer's Name: Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Individual F-1 Attorney in Fact Trustee 7 Guardian or Conservator Other: Signer Is Representing: O 1 • • • • • • . • • :11 • :11 d • M• 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 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 M ACKNOWLEDGMENT certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of Orange 1 ss. On 1111Y .1 , 201L_, before me, Susan Pugh Notary Public, personally appeared _ Arturo Ayala 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 hismer/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. SUSAN PUGH N WITNESS my hand and official seal. Notary N Pubiiccalifornia [< s ORANGE COUNTY Signature' Susan Pugh (seal) Nobest Incorporated Page A-3 MERCHANTS Bond No. CAC714700 BONDING COMPANYn POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of. TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Aftomey-In-Fact includes any end all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations In favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of March 2017 o�}� I011q�'•a, �g op►OggT . ��2003.'Js ��O�ORPOg9�9� a' 1933 CC: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7� STATE OF IOWA y'"•aun ean`rA'` ••...... /-,"7 COUNTY OF Dallas ss. President On this 10th day of March 2017 , before me appeared Larry Taylor, tome personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 4WA4J• WENDY WOODY 0 S Commission Number 784654 My Commission Expires June 20 2017 Notary Publr , County, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Werner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certifythat the above and foregoing is a true and correct copyof the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of JUly ,2017 -0- 2003 �r POA 0014 (6/15) Secretary Batch 3637050 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 4 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I]I JI IIIIIIIII N01 FE +$ R 0 0 1 0 2 4 1 6 3 2 S+ 201800027109510:07 am 07125118 63 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 'Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Nobest Inc., Garden Grove, California, as Contractor, entered into a Contract on June 13, 2017. Said Contract set forth certain improvements, as follows: Newport Heights Alley Replacement - C-7028-3 Work on said Contract was completed, and was found to be acceptable on July 24, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Comoanv. BY Z -Public Works Di ec City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec RM at Newport Beach, California. https:Hgs.secure-recording.com/Batch/Confirmation/3637050 07/25/2018 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 Nobest Inc., Garden Grove, California, as Contractor, entered into a Contract on June 13, 2017, Said Contract set forth certain improvements, as follows: Newport Heights Alley Replacement - C-7028-3 Work on said Contract was completed, and was found to be acceptable on July 24, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Company. BY --2a Public Works Di ec City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M at Newport Beach, California. CITY OF NEWPORT BEACH C� y ^I";K NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 24th day of May, 2017, at which time such bids shall be opened and read for NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. C-7028-3 $3,700,000 Engineer's Estimate Approved by Chi Mirk Vukojev c City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 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 Frank Tran, Project Manager at (949) 644-3340 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 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 4 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copy must be submitted to the City Clerk's Office.) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (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, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office. 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 M 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 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 13 Contractor's License No. & Classification Auboffzad Si a ure/Title 1666011Sag K30--�g s -a -i DIR Reference Number & Expiration Date Date 40�e57- Bidder CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange before me, Kay E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personf whose name(Syis/9Fd1'subscribed to the within instrument and acknowledged to me that he/fhe/I wexecuted the same in his/13ar/iheifauthorized capacity, and that by his/j1er/tffe7i signature�(s� 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 gvAand and official seal. Signature of Notary JY ER E. ANDSON a Commission # 2031255 Z „_e )' Notary Public -California Z Orange County n ��My Comm. Expires Jun 27, 2017 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) M Corporate Officer President (title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. /n such instances, any alternative acknowledgment verbiage as maybe primed on such a document so long as the verbiage does not require the notary to do something that Is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document canefullyfor proper notarial wording and attach this form if required, • State and County information most be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hershe/lhey— Wass) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. v Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and dale. •i Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Bond No. CSBA-5046 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid Dollars ($10%of the Amount Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT HEIGHTS ALLEY REPLACEMENT, Contract No. 7028-3 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form($) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this lath By of May 2017. Nobest Incorporated Name of Contractor (Principal) thorized _ n ure/Title t- ` Z -1f Merchants Bonding Company (Mutual) Name of Surety 6700 Westown Parkway, West Des Moines, IA 50266 Address of Surety (800)678-8171 Telephone nature Arturo Ayala, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) CALIFORNIA ALL-PURPOSE CER.TIFIC.ATE OF ACKNOWLEDGMENT State of California County of Orange On before me, Ray E. Anderson/Notary Public (Here imert name and title of the officer) personally appeared Nodland who proved to me on the.basis of satisfactory evidence to be the personfs?)whose namejWis/gpc`subscribed to the within instrument and acknowledged to me that he%he/executed the same in his/h®r/tJ�eiFauthorized capacity '024, and that by his ie17(h�signatureXon the instrument the personW or the entity upon behalf of which the person�wYacted, 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. KAY E. ANDERSON Commission # 2031255 and official seal. $ .= Notary Public - California z Orange County My Comm. Expires Jun 27, 2017 ary Public �• (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IN Corporate Officer President Critle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800.873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate mAnowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acAnowledgmem verbiage as may be primed on such a document so long as the verbiage does nor require the many to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary, public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshelihey, is /are) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment forte. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the the (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On May 18th, 2017 before me, Shaunna Rozelle Ostrom Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the OZELLE OSTROM Nperson(s), or the entity upon behalf of which the person(s) . N2159617 �,acted, executed the instrument. ublic-California nGE =0. COUNTYI Ezpires1u111,2020 {( .fit certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness myd� I� SignatureNN l I I Place Notary Seal Above % nature of Notar�-Puiiicc ShatmirTaRozelle rim 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 the form to another document. Description of Attached Document Title or Type of Document: Bidder's Bond Document Date: 05/18/2017 Number of Pages: Three Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General [� Attorney in Fact lilt M ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Bond No. CSBA-5046 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lava (herein collectively called the "Companies') do hereby make, constitute and appoint, Individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf ofthe Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY NIILLION (520,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.' "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, It Is agreed that the power and authority hereby given to the Attomey-In-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification a revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of March 2017 +0- 20@3 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By C%7C 1 7-7X, STATE OF IOWA ..,,,r 0-10, , COUNTY OF Dallas ss. "' President On this 10th day of March 2017 , before me appeared Larry Taylor, tome personally known, who being by me swom did say that he is Resident of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companles by authority of their respective Boards of Directors. WENDY WOODY 0 I Commission Number 784654 `"i My Commission Expires June 20 2017 Notary Pu61r , Gcunty, Iowa (Expiration of notarys commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 18th day of May , 2017 —: -0,- 0 a. POA 0014 (6/15) Da�`0P0 a'• 1933 c: Secretary ACKNOWLEDGMENT . u .0 •.....••..• .................................... a ........................ State of California County of ss. On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ............................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 11 Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................•••• a •................ a .......•. a.......•........... s........ State of California County of ) ss. On personally appeared before me, Notary Public, 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 (Saar) ............................................................................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO/CFO/COO _ President / Vice -President ( Secretary / Treasurer Other: Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: QS2 r!a �u/lteyrnq I Address:6lgAl. Etch. -M 61-,JOroA)(`4'C Sql,Uey Phone%,/k��2Sr 845f/ 3 q � 6!d State License Number: L, f r/11 DIR Reference: jG00001sq 3 ' Email Address: GIS itacelaid , ' ,a^ Name: 5(gpeeter RveAetit /ltaik�ny! Address,, 1/a/PSS 5e- c�Ps�S co �063a yp �r3/ 4'y S y�:�g �t.,� W Phone: (j/N7?f -4160 „y State License Number: 776,36 DIR Reference: edQ600 1476 Email Address: dameq f pe'iD/' uP�rnY Po� S.COM Name: � ,(f Tlee Sre Cie Address: PQ. BOX 3a fo deange, e,4 92B6t 4/ a� Phone:( 7/y7 g47�005 State License Number: 4ZO6 ` DIR Reference:lO4OQo-/436 Email Address .% ®1YYC /'44e. 1pnr Bidder / City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 DESIGNATION OF SUBCONTRACTORS) 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: 5uh cdn6,4Cf e fS Phone: SvbA-f E/u,F+a.rccc"7 State License Number, DIR Reference: Email Address: Name: Address: Phone: C t State License Number: DIR Reference: Email Address: Name: Address: f �\ Phone: State License Number: DIR Reference: Email Address Alobe9f —T12c . Bidder 0 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. 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 SPP Project Name/Number Project Description �✓�*z� } vc�.la—,, ¢; Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N NOBEST INCORPORATED REFERENCE LIST Page 1 No. 1 Project Name/Number: Bay Avenue Maintenance #6 Project Description: Remove and Replace Concrete Streets and Alleys Approximate Construction Dates: From: 3/2015 To: 6/2015 Agency Name: City of Newport Beach Contact Person: Mike Sinacori Telephone: (949) 644-3342 Original Contract Amount: $826,000 Final Contract Amount: $ 836,063 No. 2 Project Name/Number: Residential Tree Petition Street Improvements Project Description: Remove & Replace Curb & G I HeL Sidewalks, Dnvm.ys. Cross G n T P [anti ng. C Id 'll d Qvcrla Approximate Construction Dates: From: 8/2015 To: In Progress Agency Name: City of Huntington Beach Contact Person: Dave Verone Telephone: (714) 536-5431 Original Contract Amount: $650,501 Final Contract Amount: $ In Progress NOBEST REFERENCE LIST Page 2 No. 3 Project Name/Number: Annual Concrete Maintenance Program Project Description: R & R Concrete Sidewalks Curb & Gutter Drive Approaches and Curb Rams Approximate Construction Dates: From: 2/2013 To: Present Agency Name: City of Huntinpton Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $500,000 Final Contract Amount: $ In Propyess No. 4 Project Name/Number: Section 2 Concrete Repair & Miscellaneous Slurry Project Project Description: Remove & Replace Sidewalks Driveways Curb Ramos and Curb & Gutter Approximate Construction Dates: From: 8/2014 To: 10/2014 Agency Name: City of Manhattan Beach Contact Person: Juan Price Telephone: (310) 802-5310 Original Contract Amount: $1,119,790 Final Contract Amount: $ 1,138,600 NOBEST REFERENCE LIST Page 3 No. 5 Project Name/Number: Annual Concrete Rehabilitation Project 128 Project Description: Remove & Replace Sidewatk Curb Ramos Curb & Gutter. and Tree Removals Approximate Construction Dates: From: 5/2015 To: 8/2015 Agency Name: City of Cypress Contact Person: Dario Simoes Telephone: (714) 229-6694 Original Contract Amount: $514,000 Final Contract Amount: $ 431,883 NM Project Name/Number: Safe Routes to School Grant Project Description: Remove and Replace Sidewalk Curb & Gutter Drk eways Curb Ramp- and Allevs Approximate Construction Dates: From: 8/2014 To: 7/2015 Agency Name: City of Pomona Contact Person: Matt Pilarz Telephone: (909) 620-3652 Original Contract Amount: S 1,515.103 Final Contract Amount: S 1,700,000 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If 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. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other inform n sufficiently comprehensive to permit an appraisal of the Contractor's current fin no al conditions. toSF T /f r I Bidder a is ture/Tit 12 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of 0A^4 being first duly sworn, deposes and says that he or she is /e y,' ,orlt of 4141F2?if ShC- , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained'in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California t the for oinglll a an correct. Poh&.j t y!?C :G1Pr Bidder Au i nature/Titl Subscribed/and sworn to (or affirmed) before me on thi day of 42.0&E1 20'c&+7 byLQ P nz pr ved to me on the basis of satisfactory evidence to a the person(s) who appeared before e. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ubli [SEAL] KAY ANDERSON Noary oMyCommission # 2031255 Notary Public - California iOrange County Comm. Expires Jun 27, 2017' 13 My Commission Expires: ! �2-1-- 17 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 DESIGNATION OF SURETIES Bidder's name ,E v 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): f v hIM' / i4o.o", c lYll /V. 9Cf4v,`u �/, , 561"Ye aVl ra a ONe �n �l✓CtpC'P_ 1441 14 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name t'-JCBE:S� Record Last Five (5) Full Years Current Year of Record I he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2811-- �4�6 2015 2014 2013 2012 Total 2017 No. of contracts 6'; Total dollar Amount of Contracts (in Thousands of $ No. of fatalities CJ No. of lost Workday Cases � Q Q No. of lost workday cases involving permanent D U transfer to another job or termination of employment I he intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: %baaclec; er Ave, G4� e G lou, ��g4a-SSs33 35- 414/9a A - Title ?R& S)1�)4:!Fa� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. �1 Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On J -a L4 —1 1 before me, Ray E. Anderson/Notary Public (Here insert mane and tltle of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s);ire subscribed to the within instrument and acknowledged to me that Woelthey executed the same in lyWs orltheir authorized capacity(ies), and that by Y6-h),of%their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON nd official seal.Commission # 2031255 Notary Public - California z .fig•"' �'"' Orange County J My Comm. Expires Jun 27, 2017' y Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,-(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IN Corporate Officer ( s ) Larry Nodland—President (Title)Robert Nodland II—Sec. ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the rotary section or a separate acknowledgment farm must be properly completed and attached to that document. The only exception is t)- a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certtfytng the authorised capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form ifrequired • State and Cowry information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/6te5,- is /aro ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment forth. • Signature of the notary public must match the signature on file with the office of the county clerk. ee Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. h Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 ACKNOWLEDGEMENT OF ADDENDA Bidder's name %U0I V4 f IT -A C . The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature 17 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 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: ��c? y f "T/1 C / Business Address: 6^0Q 1( 4C/ G Ale. Telephone and Fax Number: /y / �!%�' S,� Q) I/�// % -0634 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) 2 /� Original Date Issued: y._ 9 Expiration Date: ✓ % Y� 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: Ake Geive'j - �>t•%nato/ 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 ,P�r - SPCI Corporation organized under the laws of the State of �� 6V10,1111,C1 IV 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; /v f� Have you ever had a contract terminated by the owner/agency? If so, explain. 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.)? Yeses 19 Are any claims or actions unresolved or outstanding? Yes /QS G If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. PobPgf zit . Bidder (Print n me of Owner or PresAecLt of Date 5 -zq Y) On T��q—J'T before me,_ jty!r Sc Notary Public, personally appeared / AiZJ�II O� who proved to me on the basis of satisfactory evid nce to be the p rsol5faj'iwhose name�a' is/subscribed to the within instrument and acknowled ed to me that he the executed the same in his/Forlretrauthorized capacityyes`f, and that by his/h�tzrrr signature;< on the instrument the perso or the entity upon behalf of which the perso 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 haA and official seal. C 1 V,."2 -1 k��'2 , �'f A Notary ubli d for said State My Commission Expires: -z7—i-7 we, ------------------- . KAY E. ANDERSON ` Commission # 2031255 (SEAL) a :.e <-- z e - - Notary Public - Californla = � z y Orange County My Comm. Expires Jun 21, 2011 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review, their' content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile 41ability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratinc Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 7028-3 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of June, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and NOBEST INCORPORATED, a California corporation ("Contractor"), whose address is 7600 Acacia Avenue, Garden Grove, California 92841, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of, but is not limited to, distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curbs and gutters, private driveways, adjusting utilities to grade, and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete, curbs and gutters, and landscaping within the project limits. All construction for the work, shall reference these special provisions, the Standard Specifications and all contract, related documents, and Appendices (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. 7028-3, 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 Three Million Three Hundred Eighty Five Thousand Dollars ($3,385,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Larry Nodland 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. Nobest Incorporated 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: Larry Nodland Nobest Incorporated 7600 Acacia Avenue Garden Grove, CA 92841 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 Nobest Incorporated 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. H11l614161U 47i� iIL� Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Nobest Incorporated Page 4 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 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. Nobest Incorporated Page 5 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Nobest Incorporated Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this 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. Nobest Incorporated Page 7 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, 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. Nobest Incorporated Page 8 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] Nobest Incorporated 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 ATTOR�N�Y� E�ICE Date: / By: Aaron C. Harp LNM adwln City Attorney ATTEST: p Date: o By: Ar � Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California u icip co poratio Date: 9 By: //Kevin Muldo Mayor CONTRACTOR: Nobest Incorporated, a California corporation Date: Signed in Counterpart By: Larry Nodland President/Treasurer Date: Signed in Counterpart By: Robert Nodland Secretary [END OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Nobest Incorporated Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATT � N Y'S OFFICE Date: �? 7 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: _ 'fie By: Aaron C. Harp WAOU116a,- Kevin Muldoon City Attorney Mayor ATTEST: Date: M Leilani I. Brown City Clerk Attachments: CONTRACTOR: Nobest Incorporated, a California corppratjon Hata• -7It /��1 Ebert Nodland Secretary [END OF SIGNATURES] Exhibit A Labor and Materials Payment Bond Exhibit B Faithful Performance Bond Exhibit C — Insurance Requirements Nobest Incorporated Page 10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 3,2017 before me, Scott Milne II/Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Nodland and Robert Nodland II Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ------------------- SCOTT MILNE II Commission # 2033765 =r' Notary Public • California Orange County M Comm. Expire I s Aug12, 2017+ 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 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Siggners) Signer's Name: Larry Nodland Corporate Officer — Title(s): Pr sidpnr ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: Robert Nodland II [N Corporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE This bond was executed in two (2) identical counterparts. EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CAC714700 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Nobest Incorporated hereinafter designated as the "Principal," a contract for the following work, including but not limited to: distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curbs and gutters, private driveways, adjusting utilities to grade, and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the project limits 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, Merchants Bonding Company (Mutual) 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 Three Million Three Hundred Eighty Five Thousand Dollars and 001100 ($3,385,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Nobest Incorporated 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 July 2017 , Nobest Incorporated Name of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 6700 Westown Parkway West Des Moines IA 50266 Address of Surety (800) 678-8171 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp '^"' 'V""tor City Attorney Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Nobest Incorporated Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 3,2017 before me, Scott Milne II/Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Nodland Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =#2033765 E II Co33765• Nolifornia =ty sM Co12, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. Signature :'7 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Larry Nodland je Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General C Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: _ Signer Is Representing: ❑ Attorney in Fact ❑ Guardian or Conservator 02016 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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 names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ss. On .lulu a , 20]Z___ before me, Susan Pugh Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. SUSAN PUGH N comm. $12105405 n WITNESS my hand and official seal)j x6 NotaryPublic-California a ORANGE COUNtY LL `%'��"-"'�"" � ri>'�4 • My Comrn. ExpiroB Apr 2r3, 5.O1�K Signa Susan Pugh (seal) Nobest Incorporated Page A-3 MERCHANT Bond No. CAC714700 BONDING COMPANYn POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Companymay be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, It Is agreed that the power and authority hereby given to the Attorney -In -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of March , 2017 p."'tQj��•"'• *� �� ••••'. .. -•.. MERCHANTS BONDING COMPANY (MUTUAL) ••• ...G * ....•Cq�A .• MERCHANTS NATIONAL BONDING, INC. •Z: x7` PC03 ,n i �y; 1933 By A STATE OF IOWA "•..•.n*ar"•'••,,, �••........ COUNTY OF Dallas ss. President On this 10th day of March 2017 , before me appeared Larry Taylor, tome personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY Commission Number 784654 Nly Commission Expires 0 June 20 2017 Notary Publr , County, Iowa (Expiration of notarys commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full face and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and af0xed the seal of the Companies on this 3rd day of JUly ,2017 '0- 2003 �r POA 0014 (6/15) Secretary THE FINAL PREMIUM IS This bond was executed in PREDICATED ON THE two (2) identical counterparts. FINAL CONTRACT PRICE EXHIBIT B FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 35,138.00 , being at the rate of $ 25.00 / $15.00 / $10.00 / $7.50 thousand of the Contract price, WHEREAS, the City of Newport Beach, State of California, has awarded to Nobest Incorporated hereinafter designated as the "Principal,' a contract for the following work, including but not limited to, distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curbs and gutters, private driveways, adjusting utilities to grade, and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the project limits 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 Merchants Bonding Company (Mutual) , 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 Three Million Three Hundred Eighty Five Thousand Dollars and 00/100 ($3,385,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, orfails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the Nobest Incorporated �' 6 Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd day o Nobest Incorporated Name of Contractor (Principal) Merchants Bonding Company(Mutual) Name of Surety 6700 Westown Parkway West Des Moines, IA 50266 Address of Surety (800) 678-8171 Telephone APPROVED AS TO FORM: CITY ATTO EY'> OFFICE Date: / 7 Aaron C. Harp (hM 00,10+11r City Attorney Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Nobest Incorporated Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On July 3,2017 before me, Scott Milne II/Notary Public Date Here Insert Name and Title of the Officer personally appeared Larry Nodland Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SCOTT MILNE II Commission # 2033765 a Notary Public • California z Orange County n M Comm. Ex ires Aug12 2017+ 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 aifd official seal. of Notary Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Larry Nodland jij Corporate Officer — Title(s): President Partner — El Limited L General Individual ❑ Attorney in Fact L Trustee L Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): C Partner — Limited ❑ General L Individual Attorney in Fact L Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 G ►►e1__6 11 ► A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) 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 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 Orange }ss, On July 3, 2017 before me, Susan Pugh Notary Public, personally appeared Arturo ala 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. SUSAN PUGN N WITNESS my hand and official seal. COMM. rr2l05405 y Notary Public -California LL ORANGE COUNTY _'' My Comm. Expires Apr 29,2019 11 Signa re Susan Rugh" _ - ��( (seal) Nobest Incorporated Page E-3 MERCHANTS V Bond No. CAC714700 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Arturo Ayala; Daniel Huckabay; Dwight Reilly; Michael Castaneda; Shaunna Rozelle Ostrom their true and lawful Attorney(s)-In-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surely, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of, TWENTY MILLION ($20,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, a any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, It Is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification a revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day of March 2017 ,.nnn•,., ,�"`�101�,,�'s,, •...• \�jG CO ''• MERCHANTS BONDING COMPANY (MUTUAL) ;. a*•.--••••.�, •• : �0..••••••.'%Jp •, MERCHANTS NATIONAL BONDING, INC. 1933 • l STATE OF IOWA "•..nm*,,,n•r+•''°` ••• .,•+• COUNTY OF Dallas ss. President On this 10th day of March 2017 , before me appeared Larry Taylor, tome personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies byauthoily of their respective Boards of Directors. aPa��s WENDY WOODY 0 b Commission Number 784654 °'1' T My Commission Expires P June 20, 2017 Notary Publ county, Iowa (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full face and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 3rd day of July ,2017 POA 0014 (6/15) Secretary EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, 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. 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 Nobest Incorporated 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 Nobest Incorporated 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 -insure its Nobest Incorporated Page C-3 obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. I. 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. Nobest Incorporated 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: 7/31/17 Dept./Contact Received From: Raymund Date Completed: 7/31/17 Sent to: Raymund Company/Person required to have certificate: Type of contract: GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 By: Alicia Public Works A. INSURANCE COMPANY: Great American Assurance Co. B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? IM/2M/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ll. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A-: VII or greater) A++; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? IM E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17 A. INSURANCE COMPANY: Travelers Property Casualty B. AM BEST RATING (A-: VII or greater): A++: XV 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 �1i71�41[e1�11/9-31111 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 7/31/17 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 E] Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT Contract No. 7028-3 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. 7028-3 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: S- "b>—` -I -z Date 714 Sia-Sss3 lir 3 Bidder's Telephone and F x Numbers Bidder's License No(s). and Classification (s) Bidder's email address: PR -1 h el. Bidder idder's Autr*iz4d SignatuXe and Title Bidder's 5ddress City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT (C-7028-3), bidding on May 24, 2017 10:00 AM (Pacific) Bid Results Bidder Details Vendor Name Nobest Inc. Address 7600 Acacia Ave Garden Grove, CA 92841 Lump Sum 1 United States Respondee Mike Lewis Respondee Title Estimator Phone 714-892-5583 Ext. Email mike@nobest.net Vendor Type License # $100,000.00 CADIR 4 Remove, Relocate, and/or Salvage/Dispose of Private Improvements Bid Detail Bid Format Electronic Submitted May 24, 2017 9:33:20 AM (Pacific) Delivery Method Bid Responsive $15,000.00 Bid Status Submitted Confirmation # 106518 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name Bid submittal Bid Submittal c-7028-3 Nobest Inc.pdf Bid Bond bid bond c-7028-3.pdf Line Items Type Item Code UOM City Unit Price Page 1 Printed 05/24/2017 File Type General Attachment Bid Bond Line Total Comment C-7028-3 NEWPORT HEIGHTS ALLEY REPLACEMENT I Mobilization, Demobilization, and Cleanup Lump Sum 1 $200,000.00 $200,000.00 2 Traffic Control and Public Notifications Lump Sum 1 $60,000.00 $60,000.00 3 Surveying, Staking, and Monument Preservation Services Lump Sum 1 $100,000.00 $100,000.00 4 Remove, Relocate, and/or Salvage/Dispose of Private Improvements Lump Sum 1 $23,000.00 $23,000.00 5 Grade Adjacent Dirt/Landscaping To Match Proposed Improvements Lump Sum 1 $15,000.00 $15,000.00 pldwetBW, lo, City of Newport Beach Page 2 NEWPORT HEIGHTS ALLEY REPLACEMENT (C-7028-3), bidding on May 24, 2017 10:00 AM (Pacific) Printed 05/24/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove & Replace Private Fence, In Kind LF 200 $60.00 $12,000.00 7 Prune Roots Per Arborist Recommendations EA 6 $500.00 $3,000.00 8 Remove Existing Tree (6" - 12" Diameter) EA 14 $600.00 $8,400.00 9 Remove Existing Tree (12" - 24" Diameter) EA 11 $1,400.00 $15,400.00 10 Remove Existing Tree (>24" Diameter) EA 18 $3,000.00 $54,000.00 11 Remove Existing and Reconstruct 6" Thick Fiber Reinforced, PCC Alley Pavement SF 260000 $6.50 $1,690,000.00 12 Remove Existing and Reconstruct 3"AC/8"CMB Pavement Section SF 2600 $12.00 $31,200.00 13 Remove and Reconstruct 4" Thick PCC Sidewalk SF 300 S7.00 $2,100.00 14 Remove Existing, Grade, and Construct New 4" Thick PCC Sidewalk SF 8600 $7.00 $60,200.00 15 Remove Existing and Construct New PCC Curb Ramp, Case "K" Each 12 $4,000.00 $48,000.00 16 Remove Existing and Construct New PCC Curb Ramp, Case "H" Each 2 $4,000.00 $8,000.00 17 Remove Existing and Construct New PCC Curb Ramp (NEC Irvine & Cliff) Each 1 $4,000.00 $4,000.00 18 Remove Existing and Reconstruct 6" Thick PCC Alley Approach SF 14500 $14.00 $203,000.00 19 Remove Existing and Reconstruct 8" Thick PCC Cross Gutter SF 300 $14.00 $4,200.00 20 Remove Existing and Reconstruct 6" Thick PCC Residential Driveway Approach SF 2500 $13.00 $32,500.00 21 Remove Existing and Reconstruct 6" Thick PCC Commercial Driveway Approach SF 650 $14.00 $9,100.00 Piarrei6ide inc City of Newport Beach Page 3 NEWPORT HEIGHTS ALLEY REPLACEMENT (C-7028-3), bidding on May 24, 2017 10:00 AM (Pacific) Printed 05124/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Remove Existing and Reconstruct 6" PCC Curb LF 180 $50.00 $9.000.00 23 Remove Existing and Reconstruct 6" PCC Curb and Gutter LF 300 $66.00 $19,800.00 24 Remove Existing and Construct New 8" PCC Curb and Gutter LF 625 $68.00 $42,500.00 25 Construct Variable Height PCC Curb LF 200 $47.00 $9,400.00 26 Remove Existing and Reconstruct 6" Thick Fiber Reinforced, PCC Patchback SF 16000 $6.50 $104,000.00 27 Remove Existing and Reconstruct 6" Thick Fiber Reinforced, PCC Paving SF 16100 $6.50 $104,650.00 28 Remove Existing and Reconstruct 6" Thick Asphalt Patchback SF 3000 $11.00 $33,000.00 29 Remove Existing and Reconstruct Decorative/Colored PCC or Brick In Kind SF 1500 $15.00 $22,500.00 30 Remove and Replace With New 1" Water Meter Box to Grade Each 530 $150.00 $79,500.00 31 Remove and Replace With New 2" Water Meter Box to Grade Each 24 $250.00 $6,000.00 32 Relocate Air Release Valve Assembly Each 1 $10,000.00 $10,000.00 33 Remove and Construct New Parkway Culvert to Join Existing Each 1 $5,000.00 $5,000.00 34 Remove and Construct New Curb Drain to Join Existing Each 1 $200.00 $200.00 35 Replace and Reconnect Existing Curb Drain Each 5 $270.00 $1,350.00 36 Adjust Manhole Frame and Cover to Grade Each 37 $300.00 $11,100.00 37 Adjust Sewer Cleanout to Grade Each 565 $60.00 $33,900.00 City of Newport Beach Page NEWPORT HEIGHTS ALLEY REPLACEMENT (C-7028-3), bidding on May 24, 2017 10:00 AM (Pacific) Printed 05/24/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 38 Remove and Replace Sewer Terminal Cleanout to Grade Each 11 $100.00 $1,100.00 39 Remove and Install New Water Valve Box and Cover to Grade Each 70 $100.00 $7,000.00 40 Remove and Install New Water Vault Frame and Cover to Grade Each 1 $6,000.00 $6,000.00 41 Adjust Cable Television Pull Box to Grade Each 170 $100.00 $17,000.00 42 Import and Place CMB CY 3800 $20.00 $76,000.00 43 Remove and Replace or Relocate Sign on New Post Each 25 $300.00 $7,500.00 44 Install New "R-1" Sign and Post Each 8 $250.00 $2,000.00 45 Replace Pavement Legends and Markings In Kind Lump Sum 1 $4,000.00 $4,000.00 46 Install 3" PVC Irrigation Sleeve LF 170 $20.00 $3,400.00 47 Construct New Brick Planter Seat Wall to Match Adjacent LF 90 $50.00 $4,500.00 48 Final Redline As -Built Plans Lump Sum 1 $5,000.00 $5,000.00 49 Allowance for New Landscape Lump Sum 1 $75,000.00 $75,000.00 50 Allowance for Unforeseen Conditions Lump Sum 1 $100,000.00 $100,000.00 51 Remove Existing and Installing Red Curb Marking LF 1000 $1.50 $1,500.00 Subtotal $3,385,000.00 Total $3,385,000.00 Subcontractors Name & Address Description License Num CADIR Amount Type Case Land Surveying Survey L 5411 1000001533 $89,400.00 614 N. Eckhoff Street Orange, CA 92868 United States V&E Tree Service Clearing / Tree removal 654506 1000001936 $93,270.00 P.O. Box 3280 01-,nete10; w, Oranqe, CA 92857 City of Newport Beach NEWPORT HEIGHTS ALLEY REPLACEMENT (C-7028-3), bidding on May 24, 2017 10:00 AM (Pacific) Bid Results Name & Address Description Superior Pavement Markings Striping / Signing 5312 Cypress Street Cypress, CA 90630 United States License Num 776306 'lane! Fl iJa nr CADIR 1000001476 Page 5 Printed 05/24/2017 Amount Type $13,930.00 Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO 7028-3 DATE: BY: GK�VH Q DeputJ Public Works Director TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. CONTRACT 1. Replace the Table of Contents with corrected page numbers. B. SPECIAL PROVISIONS: 2. Section 9-3 PAYMENT. After Bid Item No. 50, add the following: "Item No. 51 Remove Existing and Installing Red Curb Marking: Work under this item shall include removing existing red curb marking within the work limits on 15'" Street and Cliff Drive by sand blasting, hand scraping or other methods as approved by the Engineer and installing new red curb marking as directed by the Engineer." 3. Section 201-1.1.2 Concrete Specified by Class and Alternate Class: Delete the first sentence: 'P-ortland—Cement--Concrete- for --construction -shall—be Class -560-C-4000" Replace with "Portland Cement Concrete for construction shall be Class 660 -CW - 4000P" 4. Section 7-2 LABOR. In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages as specified in Section 7-2.2 Laws. Page 2 of 2 C.PROPOSAL 5. Bid Item #8 'Remove Existing Tree (6"-12" Diameter)" — Revise quantity to 14 EA 6. Bid Item #9 "Remove Existing Tree (12"-24" Diameter)" — Revise quantity to 11 EA 7. Bid Item #20 "Remove Existing and Reconstruct 6" Thick PCC Residential Driveway Approach" — Revise quantity to 2,500 SF 8. Bid Item #23 'Remove Existing and Reconstruct 6" PCC Curb and Gutter"— Revise quantity to 300 LF 9. Bid Item #43 'Remove and Replace or Relocate Sign on New Post' — Revise quantity to 25 EA 10. Add Bid Item #51 'Remove Existing and Installing Red Curb Marking" —1,000 LF The Bid Line Items on PlanetBids have been revised to reflect updated bid quantities. D. PLANS 11. Sheets #51 — #56 have been revised. A Plan Set with Delta No. 1. Revision on Sheet #1 and revised Sheets #51 - #56 has been uploaded to PlanetBids. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. ob-e- f / /Od/ang® -r- Bidder's Bidder's Name (Please Print Date Authorized Signature & Title Attachment: - Table of Contents PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 7028-3 PART I - GENERAL PROVISIONS 1 SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-4 RELOCATION 5-7 ADJUSTMENTS TO GRADE 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Laws 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 PUBLIC CONVENIENCE AND SAFETY 10 7-10.1 Traffic and Access 10 7-10.3 Street Closures, Detours and Barricades 11 7-10.4 Safety 13 7-10.4.1 Safety Orders 13 SECTION 9 - MEASUREMENT AND PAYMENT 13 9-3 PAYMENT 13 9-3.1 General 13 9-3.2 Partial and Final Payment. 23 PART 2 - CONSTRUCTION MATERIALS 24 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 24 201-1 PORTLAND CEMENT CONCRETE 24 201-1.1 Requirements 24 201-1.1.2 Concrete Specified by Class and Alternate Class 24 201-2 REINFORCEMENT FOR CONCRETE 24 201-2.2 Steel Reinforcement 24 201-2.2.1 Reinforcing Steel 24 201-2.3 Fiber Reinforcement 24 201-2.3.1 General 24 SECTION 214 --- PAVEMENT MARKERS 24 214-1 GENERAL 24 214-4 NONREFLECTIVE PAVEMENT MARKERS 24 214-5 REFLECTIVE PAVEMENT MARKERS 24 PART 3 - CONSTRUCTION METHODS 25 SECTION 300 - EARTHWORK 25 300-1 CLEARING AND GRUBBING 25 300-1.3 Removal and Disposal of Materials 25 300-1.3.1 General 25 300-1.3.2 Requirements 25 SECTION 302 - ROADWAY SURFACING 26 302-5 ASPHALT CONCRETE PAVEMENT 26 302-5.1 General 26 302-5.4 Tack Coat 26 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 26 302-6.1 General 26 302-6.6 Curing 27 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 27 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 27 303-5.1 Requirements 27 303-5.1.1 General 27 303-5.4 Joints 28 303-5.4.1 General 28 303-5.5 Finishing 28 303-5.5.1 General 28 303-5.5.2 Curb 28 303-5.S.4 Gutter 28 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 29 308-1 General 29 SECTION 315 --- UTILITY ADJUSTMENTS and REPLACEMENTS 30 31S-1 WATER METER BOXES 30 PART 4 30 SECTION 400 - ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 30 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 30 400-2 UNTREATED BASE MATERIALS 30 400-2.1 General 30 400-2.1.1 Requirements 30 400-4 ASPHALT CONCRETE 30 400-4.1 General 30 APPENDIX "A" - CONSTRUCTION PHASING PLAN APPENDIX "B" - DFW WATER METER BOXES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT HEIGHTS ALLEY REPLACEMENT CONTRACT NO. 7028-3 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. A -5166-S); (3) the City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements, (4) Standard Specifications for Public Works Construction (2009 Edition) including supplements. The City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased 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 1 — TERMS DEFINITIONS ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class A General Engineering Contractor's license. At the start of work and until Page 1 of 30 completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the engineer shall control. 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of, but is not limited to, distributing notices to affected residents, traffic control, removing existing asphalt or concrete alleys and alley approaches, constructing new concrete alleys, alley approaches, sidewalks, curb and gutters, private driveways, adjusting utilities to grade, and other incidental items of work to complete the project, and restoring affected surface improvements such as asphalt concrete pavement, sidewalks (paths), concrete curbs and gutters, and landscaping within the project limits. All construction for the work shall reference these special provisions, the Standard Specifications and all contract related documents, and Appendices." 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 Engineer 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 per the bid item. 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." 2-9.2 Line and Grade Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Guida Surveying, Inc. and can be contacted at (949) 777-2000. Page 2 of 30 At a minimum, two (2) sets of cut -sheets for all applicable areas requiring grades shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Delete this section and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of 5 percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the Page 3 of 30 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 31tl paragraph The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION Utility relocations will be required along 15th street as a result of the new sidewalk and curb ramp installations. Contractor shall coordinate with SCE, Charter Communications (Time Warner), and/or AT&T to schedule the noted relocation of utility pedestals, and adjustments/replacement of vault lids. Additionally, there is an existing SCADA antenna system attached to a stop sign along 151h street that will require coordination and relocation during the course of the construction project. City forces will relocate and re -attach the antenna system and wiring, however, Contractor shall be responsible for notifying, coordinating, and protecting the antenna system during the course of construction. Page 4 of 30 Add the following section: 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade all City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall adjust the telephone and cable television utility facilities as specified in the construction documents. New boxes to be adjusted to grade will be provided to the contractor by the telephone/cable television utility company. Southern California Edison and the Gas Company will adjust their own facilities. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. The Contractor shall perform a field review for the location and the number of existing manholes and pull boxes prior to bidding and bring any discrepancies to the Engineer's attention prior to bidding. NOTE: Extensive numbers of electrical and cable television pull boxes will require adjustment and replacement as part of this contract. Contractor shall take note of such locations and include adequate coordination and scheduling in the project in order to ensure a timely completion of the construction project. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 6-1.1 Construction Schedule No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the preconstruction meeting. In order to minimize inconvenience to the nearby schools, the Notice to Proceed will be issued the first or second week of July 2017. Contractor shall be ready to start construction at this time in order to complete all work by the schools prior to the start of the fall semester. 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 Page 5 of 30 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 210 consecutive working days after the date on the Notice to Proceed. The Contractor shall also adhere to the construction phasing plan and the following specific schedule requirements: Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification from this construction phasing plan shall be submitted to the Engineer for approval prior to bid opening. 2. Sidewalks, including the alley approaches, on 151h Street, Irvine Avenue, and Cliff Drive shall be the first order of work and shall be completed within 30 working days. Lane closures on 15th Street, Irvine Avenue, and Cliff Drive shall not start until 8:30 a.m. Each phase shall be completed and opened to the public within ten (10) working days from the first day of demolition prior to starting the next phase. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 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 Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer Page 6 of 30 reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-7.2 Working Days Designated City holidays are defined as: 1. January 1 s' (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 241h, (Christmas Eve) 10. December 251h (Christmas) 11. December 26th thru 301h (City Office Closure) 12. 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of as -built plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. In accordance with Section 6-7.1, the Contractor complete the sidewalks, including the alley approaches, on 15th Street, Irvine Avenue, and Cliff Drive in 30 working days. If Page 7 of 30 sidewalks at this location are not completed within the allotted time, an additional liquidated damage of $2,000 will be assessed for each consecutive calendar day until completion of sidewalks. In accordance with Section 6-7.1 the Contractor shall complete each phase within ten (10) working days from the first day of demolition. If any phase is not completed within the allotted time, an additional liquidated damage of $1,000 will be assessed for each consecutive calendar day until completion of the phase. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender an $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 7-2 LABOR 7-2.2 Laws In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK Page 8 of 30 City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP Page 9 of 30 will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, up to four (4) changeable message boards (CMBs), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted 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. City "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. 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 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 "PERMIT PARKING ONLY" signs are available from the Engineer. Thirty (30) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Page 10 of 30 Forty-eight (48) 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 notices when construction operations will start for each block or street. 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. In addition to the 30 -day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. It shall be the contractor's responsibility to coordinate trash pickup for all properties affected during the course of construction operations. If trash pickup occurs on a day for which a given alley segment is closed, the Contractor shall be responsible for obtaining and transporting each affected residents trash bins from the alley to the alley intersections (or agreed upon locations with the trash department) for trash pickup. Upon pickup of all trash, Contractor shall be required to replace each trash bin at the resident's property. If the trash bins are not marked with the property owner's address at the time of pickup, Contractor shall mark on the bins with chalk (or some other non -permanent form of marking) the resident address in order to ensure each trash bin is returned to the appropriate property owner. 7-10.3 Street Closures, Detours and Barricades The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Page 11 of 30 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. 6. The Contractor will be allowed to close one alley at a time to complete the work. Work on adjacent alleys can take place if not immediately adjacent to the first alley and does not cause any other impacts to residents, such as loss of street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. Adjacent alleys are defined as alley segments parallel and directly adjacent to one another (eg. Alley 104 and 105), as well as alley segments connecting to one another (eg. Alley 108A and Alley 108B, or Alley 108B and Alley 115). 7. Work in Alley 129 shall be performed in 2 separate phases. This alley is the only access for the last 4 houses on the south side of La Jolla Drive (202, 206, 210, and 214 La Jolla Drive). Contractor shall construct half the alley at a time and maintain pedestrian access to these houses at all times. 8. Sidewalk closures in residential area, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 9. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 10.The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads, especially once the existing surface is removed. Concrete shall be placed by pumping from adjacent streets. 11.The Contractor shall meet with Edison (SCE) and Charter Communications to coordinate the adjustment of the respective utility owner facilities to grade within the project limits. Prior coordination with SCE will be required to schedule SCE forces on site to adjust SCE facilities to the proposed grade. Coordination with Charter Communications will be required to schedule new pull CATV boxes to be delivered to the site for contractor installation. The contractor shall provide a minimum 5 day notice to the affected utility prior to starting demolition on each alley segment in order schedule and coordinate the work to be completed within the 10 day maximum timeline allowed from start of demolition to completion of each alley segment. 12.The Contractor shall verify that the horizontal location of the telephone and cable television pull boxes such that they are in uniform alignment from the Page 12 of 30 centerline. The horizontal distance of these pull boxes shall be a minimum of 18 -inches or a maximum of 24 -inches from centerline, where applicable, and as determined by the Engineer. 13.The Contractors work, traffic control, and phasing shall comply with the construction phasing plan provided in Appendix A of these specifications. 7-10.4 Safety 7-10.4.1 Safety Orders The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 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, Demobilization, and Cleanup: Measurement and Payment for work under this item will be at the contract unit price bid per Lump Sum (LS) and shall include providing bonds, insurance and financing, preparing the BMP Plan, preparing and updating construction schedules, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control and Public Notifications: Measurement and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS) and shall include delivering all required public notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing the necessary phasing plans, and providing the traffic control required by the project Page 13 of 30 including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message boards, K -rail, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach requirements. Item No. 3 Surveying, Staking, and Monument Preservation Services: Measurement and Payment for work under this item will be at the contract unit price bid per Lump Sum (LS) and shall include establishing survey controls, construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, all necessary pre and post construction monument preservation activities required in order to ensure all existing survey and property control monuments are documented, protected, and/or replaced per City and Orange County Surveyor requirements. This item includes the required pre construction field and record review to identify the affected monuments, preparation and filing of pre -construction corner records for all affected control/monuments and the replacement and re -filing of updated corner records for all demolished or affected monuments/control upon construction completion. Item No. 4 Remove, Relocate, and/or Salvage/Dispose of Private Improvements: Measurement and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS), and shall include all removals, relocations, and replacement of private and public improvements along the new sidewalk construction limits on 15th Street, Irvine Avenue, and Cliff Drive that are not specifically covered under a separate bid item. This item includes the time necessary to coordinate with the City and property owner regarding preference for removal or salvage, all removals, replacements, relocations, installation, and finishing required to complete the item. This item also includes the necessary investigation, relocation, and reconnection of existing irrigation and private landscaping/electrical/lighting systems that may be present within the sidewalk and grading limits. Item No. 5 Grade Adjacent Dirt/Landscaping to Match Proposed Improvements: Measurement and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS), and shall include all required grading, private landscape removal/replacements, and coordination required along the new sidewalk construction limits on 15th Street, Irvine Avenue, and Cliff Drive. This item includes the time necessary to coordinate with the City and property owner regarding preference for landscaping removals, grading, export/import required to backfill the final grade, installation and watering of turf to join existing, and all other items required to complete the grading and landscaping replacements and no additional compensation will be allowed. Item No. 6 Remove and Replace Private Fence, In Kind: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (LF), as measured in the field along the proposed fence line, and shall include, but not be limited to, coordinating with City and property owner regarding fence replacement preferences, removing and disposing or relocating of the existing fence, installation of the new fence, protection of work, and all other required items to complete the bid item, in place, to replace the existing fence. Page 14 of 30 Item No. 7 Prune Roots Per Arborist Recommendations: Measurement and Payment for work under this item will be at the contract unit bid price per Each Location (EA) as noted on the plans and shall include, but not be limited to, verifying with the City on which trees are to be protected in place and require further arborist review, obtaining and providing the services of a certified arborist to review the exposed tree roots and provide a written and signed recommendation for allowed root pruning in order to protect the tree in place, pruning and removing the allowed amount of root system per the arborists recommendations, disposal of all removed material, backfill of resultant void spaces, and all other work associated with this bid item and no additional compensation will be allowed. Item No. 8 Remove Existing Tree (6" - 12" Diameter): Measurement and Payment for work under this item will be at the contract unit bid price per Each Tree (EA), as measured 4' above the base of the existing tree, and shall include, but not be limited to, trimming, removing, and disposing of the tree, grinding of the tree roots and trunk below ground per the Greenbook requirements, backfill of the resultant void with on-site or Contractor provided backfill soil, and all other items required for the removal of the existing tree and no additional compensation will be allowed. Item No. 9 Remove Existing Tree (12" - 24" Diameter): Measurement and Payment for work under this item will be at the contract unit bid price per Each Item (EA), as measured 4' above the base of the existing tree, and shall include, but not be limited to, trimming, removing, and disposing of the tree, grinding of the tree roots and trunk below ground per the Greenbook requirements, backfill of the resultant void with on-site or Contractor provided backfill soil, and all other items required for the removal of the existing tree and no additional compensation will be allowed. Item No. 10 Remove Existing Tree (>24" Diameter): Measurement and Payment for work under this item will be at the contract unit bid price per Each Item (EA), as measured 4' above the base of the existing tree, and shall include, but not be limited to, trimming, removing, and disposing of the tree, grinding of the tree roots and trunk below ground per the Greenbook requirements, backfill of the resultant void with on-site or Contractor provided backfill soil, and all other items required for the removal of the existing tree and no additional compensation will be allowed. Item No. 11 Remove Existing and Reconstruct 6" Thick Fiber Reinforced, PCC Alley Pavement: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.), as measured in the field based on actual PCC alley surface installed (omitting all slot pave areas),and shall include, but not be limited to, removing and disposing of the existing alley pavement, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -in thick fiber reinforced, Type III PCC alley pavement over compacted native per City of Newport Beach STD -141-L, installing joint filler, restoration of any private improvements damaged during construction, and all other work necessary to complete work in place. Typical slot paving at AC pavement join location along private property lines (1' slot pave) shall also be included under this bid item. All slot paving exceeding 1' in width due to poor or raveled join conditions, or that are noted on the plans for replacement shall be paid for under Page 15 of 30 separate bid item. All costs associated with grading existing dirt or base at the edge of the alley (including removal and disposal of any existing headers and regardless of grading width) shall also be included under this bid item and no additional compensation will be allowed. Item No. 12 Remove Existing and Reconstruct 3"AC/8"CMB Pavement Section: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.), as measured in the field based on actual AC Pavement surface installed, and shall include, but not be limited to, verifying existing grades at the join location to confirm the final slopes anticipated for the pavement surface, obtaining confirmation from the City for final removal limits, all sawcutting, verification of the existing pavement section thickness, removal, and disposal of the existing pavement section, disposing of excess material, grading, compaction, constructing 3" AC/8" CMB pavement section, finishing and protection of the work, and all other items required under this bid item and no additional compensation will be allowed. Item No. 13 Remove and Reconstruct 4" Thick PCC Sidewalk: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, removing and disposing of the existing sidewalk, sub grade compaction, constructing the 4 -inch thick PCC sidewalk, and all other items as required to complete the work in place. All sidewalk ramps at alley approaches shall be included as part of the alley approach. All concrete walkway surface within the vehicular traveled way of the alley approach shall be paid for under separate bid item. Item No. 14 Remove Existing, Grade, and Construct New 4" Thick PCC Sidewalk: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) as measured in the field for the actual PCC sidewalk area installed, and shall include, but not be limited to, removing and disposing of existing conflicting improvements along 15th Street, Irvine Avenue, and Cliff Drive, marking or staking preliminary alignments for the meandering sidewalk along 15th street to obtain approval from the City for final alignment, all grading and any necessary miscellaneous root pruning, export, and sub grade compaction to join existing improvements along the project limits, constructing the 4 -inch thick meandering of curb adjacent PCC sidewalk, and all other items as required to complete the work in place. All sidewalk ramps at alley approaches, driveways, and curb ramps shall be included as part of the respective bid items. All concrete walkway surface within the vehicular path of travel shall also be paid for under the given bid item and shall not be included under this bid item. Item No. 15 Remove Existing and Construct New PCC Curb Ramp, Case "K": Measurement and Payment for work under this item will be at the contract unit bid price per Each Ramp (EA) and shall include, but not be limited to, furnishing labor, materials, equipment, and disposal to complete the construction, including the removal of existing improvements, verification of final alignment and configuration of the ramp in the field, construction of concrete access ramp per CNB STD -181-L, Case "K", and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359- 3121 of Wisconsin or equal. This item shall include installation of truncated dome system, paving of the 2-4 foot wide slot pave adjacent to the proposed concrete improvement, Page 16 of 30 and all other items as required to complete the work in place. All retaining curbs within the curb ramp limits are assumed to be included in the price of the ramp. The curb ramp limits are defined as the area including and bound by the grooved border and including the curb and gutter adjacent to the ramp surface. Item No. 16 Remove Existing and Construct New PCC Curb Ramp, Case "H": Measurement and Payment for work under this item will be at the contract unit bid price per Each Ramp (EA) and shall include, but not be limited to, furnishing labor, materials, equipment, and disposal to complete the construction, including the removal of existing improvements, verification of final alignment and configuration of the ramp in the field, construction of the curb and gutter, construction of concrete access ramp per CNB STD - 181 -L, Case "H", and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. This item shall include installation of truncated dome system, paving of the 2-4 foot wide slot pave adjacent to the proposed concrete improvement, and all other items as required to complete the work in place. All retaining curbs within the curb ramp limits are assumed to be included in the price of the ramp. The curb ramp limits are defined as the area including and bound by the grooved border and including the curb and gutter adjacent to the ramp surface. Item No. 17 Remove Existing and Construct New PCC Curb Ramp (NEC Irvine and Cliff): Measurement and Payment for work under this item will be at the contract unit bid price per Each Ramp (EA) and shall include, but not be limited to, furnishing labor, materials, equipment, and disposal to complete the construction, including the removal of existing improvements, construction of concrete access ramp per CNB STD -181-L and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. This item shall include installation of truncated dome system, paving of the 2-4 foot wide slot pave adjacent to the proposed concrete improvement, and all other items as required to complete the work in place. All retaining curbs within the curb ramp limits are assumed to be included in the price of the ramp. The curb ramp limits are defined as the area including and bound by the grooved border and including the curb and gutter adjacent to the ramp surface. Item No. 18 Remove and Reconstruct 6" Thick PCC Alley Approach: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.), as measured in the field based on actual PCC alley approach surface installed, and shall include, but not be limited to, removing and disposing of the existing improvements, and constructing 6 -inch thick PCC alley approach over 4" Aggregate Base, restoration of any private improvements damaged during construction, and all other work items as required to complete the work in place. Work under this item shall also include constructing the grooves and varied curb face Type "B" curb per City of Newport Beach STD -1 82-L within the alley wings and approach, Alley Approach Details, all curb and gutter within the alley approach wings, and all other work items as required complete the work in place. All costs associated with the saw cutting, backfill, and paving of the 2' wide slot pave at lip of gutter shall be included under this bid item. Page 17 of 30 Item No. 19 Remove and Reconstruct 8" Thick PCC Cross Gutter: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.), as measured in the field based on actual PCC cross gutter surface installed, and shall include, but not be limited to, removing and disposing of the existing cross gutter, sub grade compaction, constructing the 8 -inch thick Cross Gutter on 6" Aggregate Base per City of Newport Beach STD -185-L, doweling and joining the edges of the existing and proposed cross gutter, and all other items as required to complete the work in place. All costs associated with the saw cutting, backfill, and paving of the 2' wide slot pave at lip of gutter shall be included under this bid item. Item No. 20 Remove and Reconstruct 6" Thick PCC Residential Driveway Approach: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, removing and disposing of the existing driveway approach, sub grade compaction, constructing the 6 -inch thick PCC Residential Driveway per City of Newport Beach STD -163-L, and all other items as required to complete the work in place. All curb and gutter, slot paving, sidewalk, and improvements bound within the wings of the driveway and the back of the drive approach/right of way, shall be included in the unit price for this bid item. Item No. 21 Remove and Reconstruct 6" Thick PCC Commercial Driveway Approach: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, removing and disposing of the existing driveway approach, sub grade compaction, constructing the 6 -inch thick PCC Commercial Driveway on 4" Crushed Aggregate Base per City of Newport Beach STD -161-L, plan details for elevation and blending of curb return transitions, and all other items as required to complete the work in place. All curb and gutter, slot paving, sidewalk, and improvements within the BCR/ECR of the driveway and to the back of the drive approach/right of way, shall be included in the unit price for this bid item. Item No. 22 Remove and Reconstruct 6" PCC Curb: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (L.F.) and shall include, but not be limited to, removing and disposing of the existing curb or improvements, sub grade compaction, constructing the new 6" PCC curb per plan designation and alignment, slot paving, and all other items as required to complete the work in place. This item includes the removal and replacement of existing roadway curbs as well as the construction of new curbs at the back of walk only in the areas noted per plan. Item No. 23 Remove and Reconstruct 6" PCC Curb and Gutter: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (L.F.) and shall include, but not be limited to, removing and disposing of the existing curb and gutter, sub grade compaction, verifying the line and grade of the curb and gutter to ensure positive drainage, constructing the 6" PCC curb and gutter, slot paving, and all other items as required to complete the work in place. This item includes the necessary adjustment of curb height to match existing conditions or plan notations. This item does not include curb and gutter within alley approach, driveway, or curb ramps and the Page 18 of 30 associated wings. Such curb and gutter shall be included under the unit prices of the respective bid items. Item No. 24 Remove and Construct New 8" PCC Curb and Gutter: Measurement and Payment for work under this item will beat the contract unit bid price per Linear Foot (L.F.) and shall include, but not be limited to, removing and disposing of the existing rolled curb and gutter, sub grade compaction, constructing the new 8" PCC curb and gutter, and all other items as required to complete the work in place. Item No. 25 Construct Variable Height PCC Curb: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (L.F.) and shall include, but not be limited to, removing and disposing of the existing conflicting improvements, sub grade compaction, constructing the variable height PCC curb to join existing improvements with the proposed finished surface of the alley, and all other items as required to complete the work in place. This item includes only the variable height curb beyond the limits of the alley approach, driveway, or curb ramp work items. All miscellaneous curbs within the said items or identified under a separate pay item shall not be included in this pay item. Item No. 26 Remove and Reconstruct 6 -in Thick Fiber Reinforced, PCC Patchback: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, identifying the limits of and removing and disposing of the existing private improvements/pavement, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -in thick fiber reinforced Type III PCC pavement over compacted native ground per City of Newport Beach STD -141-L, installing joint filler, restoration and cleaning of any private improvements damaged during construction, and all other work necessary to complete work in place. Item No. 27 Remove and Reconstruct 6" Thick Fiber Reinforced, PCC Paving: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, coordinating with the City and resident to confirm that the resident intends to include this scope of work as part of the project, identifying the limits of and removing and disposing of the existing private improvements/pavement, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -in thick of fiber reinforcement, Type III PCC pavement over compacted native ground per City of Newport Beach STD -141-L, installing joint filler, restoration and cleaning of any private improvements damaged during construction, and all other work necessary to complete work in place. NOTE — this item is dependent on resident participation and payment of the construction unit pricing, and therefore is a variable item and shall not be subiect to the 25% reduction in bid item clause for unit price adiustments. Item No. 28 Remove and Reconstruct 6 -in Thick Asphalt Patchback: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, removing and disposing of the existing private pavement, base and sub base, saw cutting, disposing of excess material, grading, sub grade compaction, constructing the 6 -in thick of Asphalt Patchback, Page 19 of 30 and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional Asphalt Patchback may be required based on field review with the Engineer. Item No. 29 Remove and Reconstruct Decorative/Colored PCC or Brick In Kind: Measurement and Payment for work under this item will be at the contract unit bid price per Square Foot (S.F.) and shall include, but not be limited to, identifying the limits of and removing and disposing of the existing private decorative improvements, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing, or replacing of existing decorative pavement/brick paving in kind, installing joint filler, restoration and cleaning of any private improvements damaged during construction, and all other work necessary to complete work in place. Contractor shall coordinate with City and property owner ahead of demolition to verify the replacement needs for decorative pavement. At the Owner's option, decorative pavement may be replaced with 6" Fiber Reinforced Concrete to match the Alley Pavement Section. Contractor shall provide written confirmation from the owner for all such substitutions prior to placing of the pavement surface. Item No. 30 Remove and Replace with New 1" Water Meter Box to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Water Meter Box (EA) and shall include, but not be limited to, removing and replacing existing water meter boxes with new 1" Water Meter Box per City Standards, including obtaining the new meter box and adjusting the pull box to the final grade, and all other work items as required to complete the work in place. Item No. 31 Remove and Replace with New 2" Water Meter Box to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Water Meter Box (EA) and shall include, but not be limited to, removing and replacing existing water meter boxes with new 2" Water Meter Box per City Standards, including obtaining the new meter box and adjusting the pull box to the final grade, and all other work items as required to complete the work in place. Item No. 32 Relocate Air Release Valve Assembly: Measure and Payment for work under this item will be at the contract unit bid price per Each Air Release Valve Assembly (EA) and shall include, but not be limited to, locating and verifying the configuration and alignment of the existing water line and assembly, sawcut, removal, and trenching of the water line to the join location, cutting and relocating all existing appurtenances to the ultimate location, connection and installation of new piping per standard plan to join the existing line, installation of bedding, and backfill material, and all other items required to relocate the existing assembly to complete the work in place. Item No. 33 Remove and Construct New Parkway Culvert to Join Existing: Measure and Payment for work under this item will be at the contract unit bid price per Each Parkway Culvert (EA) and shall include, but not be limited to, identifying the size and point of connection for the parkway culvert, removal of existing conflicting improvements, construction of a new parkway culvert and junction structure per City standard plan requirements, joining of the proposed drain with the existing on-site line, and all other items required to construct a new parkway culvert. Page 20 of 30 Item No. 34 Remove and Construct New Curb Drain to Join Existing: Measure and Payment for work under this item will be at the contract unit bid price per Each Curb Drain (EA) and shall include, but not be limited to, identifying the size and point of connection for the curb drain, removal of existing conflicting improvements, construction of a new curb drain system per CNB STD -184-L standard plan requirements to join the proposed conditions, joining of the proposed drain with the existing on-site line, and all other items required to construct a new parkway drain. Item No. 35 Replace and Reconnect Existing Curb Drain: Measure and Payment for work under this item will be at the contract unit bid price per Each Curb Drain (EA) and shall include, but not be limited to, removing and replacing existing curb drain with new curb drain, reconnecting to existing curb drain, and all other work items as required to complete the work in place. This item is included as a budgetary item and is intended to be used for field join conditions that require the sleeving and re -connection of existing curb drains at curbs or alley approaches. Item No. 36 Adjust Manhole Frame and Cover to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Manhole Frame and Cover (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade, including verification and setting of warped flow line around the manhole, and all other work items as required to complete the work in place. Manhole includes sewer manhole and storm drain manhole. Item No. 37 Adjust Sewer Cleanout to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Sewer Cleanout (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for adjusting sewer cleanout to grade and all other work items as required to complete the work in place. Item No. 38 Remove and Replace Sewer Terminal Cleanout to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Sewer Terminal Cleanout (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for removing and replacing sewer terminal cleanout with new sewer terminal cleanout, adjusting to grade, and all other work items as required to complete the work in place. Item No. 39 Remove and Install New Water Valve Box and Cover to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Water Valve Box and Cover (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for removing and replacing existing water valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 40 Remove and Install New Water Vault Frame and Cover to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Water Vault Frame and Cover (EA) and shall include removal and disposal of the existing vault frame and cover, installation of the new vault frame and cover to grade Page 21 of 30 (including all necessary vault adjustments/removals), and all other items required to complete the work in place. Water Vault Frame and Cover shall be Jensen Precast 4'-6" x 8'-6" Traffic Rated Water Box (Model No. K4686-FH48-05T) or approved equal. Item No. 41 Adjust Cable Television Pull Box to Grade: Measure and Payment for work under this item will be at the contract unit bid price per Each Cable Television Pull Box (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for coordinating with the CATV company to schedule delivery of new CAN box, coordinating with the CATV company for the disposal of existing box, installing the box in place per plan, city standard, and cable company requirements, and protecting box in place during alley paving operations and all other work items as required to complete the work in place. Item No. 42 Import and Place CMB: Measurement and Payment for work under this item will be at the contract unit bid price per Cubic Yard (CY) as measured in the field based on an area and average depth measurement and shall include, but not be limited to, importing the necessary CMB backfill for alley pavement sub grade, as well as base material for alley approaches, and all otherwork items not specifically covered under other bid items to deliver, remove/export existing material, and install, and compact the CMB in place. This item shall not be billed to without prior City instruction and authorization, and only includes the material actually used on authorized items. Item No. 43 Remove and Replace or Relocate Sign on New Post: Measure and Payment for work under this item will be at the contract unit bid price per Each Sigh (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for verifying the ultimate location of the proposed sign in the field based on City direction (Contractor shall ensure placement of sign does not conflict with the proposed sidewalk or path of travel), removing existing sign and installing new sign (in kind) on new 2" square Unistrut with 2-1/4" Unistrut base in 12"x12"x18" deep concrete footing at the location determined in the field, and all other work items as required to complete the work in place. It shall be the contractor's responsibility to provide all necessary connections and fittings for the proposed sign. Item No. 44 Install New "R-1" Sign and Post: Measure and Payment for work under this item will be at the contract unit bid price per Each Location (EA) and shall include, but not be limited to, all labor, tools, equipment, and material costs for conducting a field review with City staff to verify the final location of the sign, installing new "R-1" sign on new 2" square Unistrut with 2-1/4" Unistrut base in 12"x12"x18" deep concrete footing, and all other work items as required to complete the work in place. It shall be the contractor's responsibility to provide all necessary connections and fittings for the proposed sign. Item No. 45 Replace Pavement Legends and Markings In Kind: Measure and Payment for work under this item will be at the contract unit bid price per Lump Sum (LS) and shall include, but not be limited to, all labor, tools, equipment, and material costs for replacing all pavement markings and legends throughout the project limits which have been damaged, removed, or obliterated, in kind (paint or thermoplastic). This shall include all paint and thermoplastic markings such as cross walks at the locations of new Page 22 of 30 curb ramps, directional arrows within the school parking lot, and any other pavement marking within the project limits which is affected as part of the contractors operations. This item also includes the required striping for the new limit lines along 151h Street. NOTE — this bid item also includes removing existing and repainting the full crosswalk limits on 15th Street and Irvine Avenue within the project limits. Item No. 46 Install 3" PVC Irrigation Sleeve: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (LF) and shall include, but not be limited to, coordinating with the homeowner and City regarding location of the sleeve to be installed, installing the sleeve, and protecting the work in place during the course of construction. Item No. 47 Construct New Brick Planter Seat Wall to Match Adjacent: Measurement and Payment for work under this item will be at the contract unit bid price per Linear Foot (LF) and shall include, but not be limited to, all labor, equipment, and materials required for the Verification of final alignment and configuration with City and Home Owner, removal and disposal of conflicting improvements, construction of a PCC footing to match existing, installation of the brick planter to match existing, the protection of all existing improvements on the adjacent property, and all other work associated with this bid item and no additional compensation will be allowed. Item No. 48 Final Redline As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 49 Allowance for New Landscape: An amount of $75,000 allowance is to be included in the Contractor's bid for planting materials, planting trees, and installing irrigation systems along 15th Street sidewalk at the private owners' option. Payment for this item shall be on a time and materials basis. Item No. 50 Allowance for Unforeseen Conditions: An amount of $100,000 is to be included in the Contractor's bid for unknown or unforeseen field conditions, as directed and approved by the Engineer. Payment for this item shall be on a time and materials basis. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 23 of 30 PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland Cement Concrete for construction shall be Class 560-C-4000, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley pavement. Contractor shall use minimum 4 inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch hard rock concrete for the Engineer's approval. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. All rebar shall be epoxy coated. 201-2.3 Fiber Reinforcement 201-2.3.1 General Fiber Reinforcement shall be Type III fibermesh 150 (or approved equal) applied at rate of 1.5 lbs/CY. SECTION 214 --- PAVEMENT MARKERS 214-1 GENERAL All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-4 NONREFLECTIVE PAVEMENT MARKERS All new non -reflective pavement markers Types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290, or approved equal. Page 24 of 30 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. Page 25 of 30 SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Localized Pavement Dig -Out Thickness: Where required, localized pavement dig -outs shall be 6" minimum AC thickness, or match existing pavement thickness. Localized pavement dig -outs shall be measured and included in the bid item when the width of the dig -out exceeds the baseline 1' slot pave width. All AC patchback within the 1' slot pave shall be paid for as part of the PCC alley replacement price and shall not be included under the patchback bid item. Square footage of the 1' slot pave shall not be measured as part of the total measurement and payment area for the PCC alley surface. 302-5.4 Tack Coat Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing AC and PCC surfaces and edges against which asphalt concrete is to be placed. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.1 General Decorative Pavement/Brick Patch Back Where existing decorative pavement/brick paving is impacted as part of the alley or sidewalk replacements, the Contractor shall be responsible for coordinating with the property owner to verify the means and methods for replacement and joining of existing surface. Within the alley improvement limits, at the Owner's option, the existing decorative pavement may be replaced with 6" thick fiber reinforced concrete to match the alley pavement surface. At the Owner and contractor's option, existing brick material may be protected and replaced in kind to match the proposed grades. It shall be the contractor's responsibility to determine the final limits of impact and method of installation for all such private improvements. Edge Join Conditions Due to the narrow and constrained nature of this project, edge join conditions along the property frontages must be carefully observed and joined. Prior to conducting any demolition activities, the Contractor shall observe and document with photos all join conditions with the Inspector to confirm if any high/low points exist long the property line. Contractor shall join or adjust on-site improvements based on plan callouts and City field instructions. All existing drainage courses and flowlines from the private property shall be joined to ensure positive drainage is maintained. Page 26 of 30 Joints Contractor shall be required to us a "green saw' to saw the initial control joints (longitudinal and transverse) in the concrete on the same day as placement. 302-6.6 Curing The Contractor shall not open streets and alleys to vehicular use until PCC has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. The Contractor shall be responsible for all costs associated with additional Portland cement and/or admixtures. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured PCC improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi. Contractor shall use minimum 4 inch hard rock pump. 15th Street Meandering Sidewalk: It shall be noted that the plan geometry depicted for the meandering sidewalk on 15th Street has been depicted in such a way to represent the general geometry and typical radii for the meandering walk within the given segments. It shall be the contractor's responsibility to clear and grub the existing site within the ranges provided in the typical section, layout and mark the preliminary alignment of the sidewalk, and obtain approval of the configuration and alignment of the walk prior to forming and pouring the sidewalk surface. Contractor shall grade the final sidewalk geometry to be fully ADA compliant with 2% maximum cross fall and 5% maximum longitudinal grades along the entire limits. At the City direction, contractor shall grade adjacent slopes and landscaping to join the proposed improvements. All such costs for layout out, verifying, and obtaining approval for the sidewalk geometry shall be included under the bid item. 15th Street Curb Ramps Curb Ramps depicted on the 15th Street Sidewalk Improvement Plans have been shown per typical standard plan and are not final geometry. It shall be the contractor responsibility to adjust the top and bottom of the ramp accordingly to ensure full ADA compliance within the limits of the curb ramp. The City reserves the right to modify curb Page 27 of 30 ramp geometry in the field prior to placement of the forms as part of this bid item. All variable height curbs, slot paving, and associated adjacent grading and improvements within and adjacent to the curb ramp are assumed to be included in the unit bid price for each ramp. Alley Approaches All alley approaches shall be constructed per City standard plan and all noted plan modifications and details. At the Contractor's option, all sidewalk within the ramp area of the alley approaches (between the grooved border and 3/4" curb face) may be reduced to 4" thick PCC. However, all PCC flatwork within the vehicular path of travel and behind the 3/4" curb face shall be the full PCC and aggregate based section per standard plan. Variable height curbs at the back of alleys shall be included per plan or at City direction in the field. The City reserves the right to adjust join condition geometry for retaining curbs in the field as part of this bid item. 303-5.4 Joints 303-5.4.1 General The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. 303-5.5 Finishing 303-5.5.1 General The Contractor shall patch back AC, PCC and brick within private property at affected locations in a manner that matches the adjoining existing private property in structural section, texture and color. 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. Page 28 of 30 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning 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. Page 29 of 30 c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Add the following section: SECTION 315 --- UTILITY ADJUSTMENTS and REPLACEMENTS 315-1 WATER METER BOXES Water Meter boxes within the alley replacement limits shall be removed and replaced with the appropriately sized meter boxes per the City of Newport Beach Standards. Water meters and boxes shall be replaced per the following: Water Meter Boxes shall be a DFW City of Newport Beach traffic rated 1" or 2" Water Meter Box per plan designation in Appendix "B". 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 400-2.1.1 Requirements The Contractor shall use crushed miscellaneous base as the base materials. 400-4 ASPHALT CONCRETE 400-4.1 General Asphalt concrete finish course shall be III -C3 -PG 64-10 RAP. Asphalt concrete base course shall be III -B2 -PG 64-10 RAP. Page 30 of 30 APPENDIX "A" - CONSTRUCTION PHASING PLAN APPENDIX "A" - CONSTRUCTION PHASING PLAN ` — -- -— 151- 15TH STREET W IW —I Z _ Z W > Q 1 5 1 7 9 7 -i ��LLJ Lu O � W Z 'm Izi Io SI in w I to � W f Q / Q LF— J Z W Z W 4Q 6 J Q z 8 J aI ccl) \ CLAY STREET cvl - BROAD STREET - � ; n� A LE 116 24 —r / � I I 18 N 23 / 26 z fI BEACON STREET I I \ I \ I \ \ \ \ \ I I� 1 STH STREET SIB€WALK-i IXISHEET NUMBER OF ASSOCIATED ALLEY PLAN PHASE 1 - - PHASE2 — PHASE — PHASE 4 , , ■ , PHASE 5 ,.., PHASE 6 PHASE 7 _ PHASE PHASE 9 NOTE: EACH PHASE SHALL BE COMPLETED AND OPEN TO THE PUBLIC PRIOR TO WORKING ON THE NEXT PHASE. PHASE 10 PHASE 11 PHASE 12 PHASE 13 PHASE 14 PHASE 15 PHASE 16 PHASE 17 J WI 38 42 I W j I I > W —— -- Z — OZI W H it TITLE SHEET z❑ INDEX SHEET Q TYPICAL SECTIONS AND DETAILS a0 ALLEY 104 - STA. 10+00 TO STA. 14+00 5� ALLEY 104 - STA. 14+00 TO STA. 16+40 © ALLEY 105-A - STA. 10+00 TO STA. 14+00 �i ALLEY 105-A - STA. 14+00 TO STA. 16+40 �e ALLEY 106-A - STA. 10+00 TO STA. 14+00 �s ALLEY 106-A - STA. 14+00 TO STA. 16+40 o ALLEY 107-A - STA. 10+00 TO STA. 14+00 ALLEY 107-A - STA. 14+00 TO STA 16+40 t2 ALLEY 108-B - STA. 10+00 TO STA. 13+50 is ALLEY 108-A - STA. 13+50 TO STA. 17+00 to ALLEY 108-A - STA. 17+00 TO STA.20+34 t5 ALLEY 115 - STA. 10+23 TO STA. 13+45 s ALLEY 116-A - STA. 10+00 TO STA. 13+00 7 ALLEY 121 - STA. 10+17 TO STA. 12+00 to ALLEY 121 - STA. 12+00 TO STA. 15+36 is ALLEY 122 - STA. 10+00 TO STA. 12+40 Q-- w zo ALLEY 123 STA. 10+00 TO STA. 14+05 O — 2t ALLEY 126 - STA. 10+68 TO STA. 13+50 L ■ J �' 2z ALLEY 126 - STA. 13+50 TO STA. 17+50 Q w I zs ALLEY 126 - STA. 17+50 TO STA. 20+50 37 ZI > za ALLEY 126 - STA. 20+50 TO STA. 22+81 N 45 < Q zs ALLEY 127-B - STA. 12+98 TO STA. 16+00 41 r W _ _ _ zs ALLEY 127-A - STA. 16+00 TO STA. 20+50 pl QL—Alriv Q � El ALLEY 127-A - STA. 20+50 TO STA. 22+80 za ALLEY 129 - STA. 10+00 TO STA. 12+50 ze ALLEY 129 - STA. 12+50 TO STA. 15+15 INDEX 301 ALLEY 109-B - STA. 10+00 TO STA. 14+50 3] ALLEY 109-B - STA. 14+50 TO STA. 19+25 ] ALLEY 109-A - STA. 19+25 TO STA. 23+93 ] ALLEY 110-6 - STA. 10+00 TO STA. 14+75 ALLEY 110-A - STA. 14+75 TO STA. 19+00 ALLEY 110-A - STA. 19+00 TO STA. 23+03 ] ALLEY 111-C - STA. 10+00 TO STA. 14+75 ] ALLEY 111-B - STA. 14+75 TO STA. 19+00 ALLEY 111-A - STA. 19+00 TO STA. 23+00 ALLEY 111-A - STA. 23+00 TO STA. 25+78 ] ALLEY 112-C - STA. 10+00 TO STA. 14+00 I] ALLEY 112-13 - STA. 14+00 TO STA. 18+00 ] ALLEY 112-A - STA. 18+00 TO STA. 22+50 ] ALLEY 112-A - STA. 22+50 TO STA. 25+90 ] ALLEY 113-C - STA. 10+00 TO STA. 14+50 ] ALLEY 113-B - STA. 14+50 TO STA. 19+00 ALLEY 113-A - STA. 19+00 TO STA. 23+50 I] ALLEY 113-A - STA. 23+50 TO STA. 25+88 I] ALLEY 118-A - STA. 10+00 TO STA. 12+50 ALLEY 118-B - STA. 12+50 TO STA. 16+42 ALLEY 118-C - STA. 10+00 TO STA. 13+30 15TH STREET - STA. 10+00 TO STA. 17+30 ] 15TH STREET - STA. 17+30 TO STA. 26+00 ] 15TH STREET - STA. 26+00 TO STA. 33+50 ] 15TH STREET - STA. 33+50 TO STA. 36+50 ] IRVINE AVENUE - STA. 10+00 TO STA. 14+50 61 CLIFF DRIVE - STA. 10+00 TO STA. 12+50 PUBLIC WORKS DEPARTMENT 4 PoFNEWPORT HEIGHTS ALLEY REPLACEMENT b C-7028-3 "tLiroxr\`P CONSTRUCTION PHASING PLAN BEACON STREET 55 �40 r — J=� 44 W Z �I w U' W U W > Y Q zw > o ALLEYj7A,7L YL 5s -F DRIVE CLIFF AVE SIDEWAL INDEX 301 ALLEY 109-B - STA. 10+00 TO STA. 14+50 3] ALLEY 109-B - STA. 14+50 TO STA. 19+25 ] ALLEY 109-A - STA. 19+25 TO STA. 23+93 ] ALLEY 110-6 - STA. 10+00 TO STA. 14+75 ALLEY 110-A - STA. 14+75 TO STA. 19+00 ALLEY 110-A - STA. 19+00 TO STA. 23+03 ] ALLEY 111-C - STA. 10+00 TO STA. 14+75 ] ALLEY 111-B - STA. 14+75 TO STA. 19+00 ALLEY 111-A - STA. 19+00 TO STA. 23+00 ALLEY 111-A - STA. 23+00 TO STA. 25+78 ] ALLEY 112-C - STA. 10+00 TO STA. 14+00 I] ALLEY 112-13 - STA. 14+00 TO STA. 18+00 ] ALLEY 112-A - STA. 18+00 TO STA. 22+50 ] ALLEY 112-A - STA. 22+50 TO STA. 25+90 ] ALLEY 113-C - STA. 10+00 TO STA. 14+50 ] ALLEY 113-B - STA. 14+50 TO STA. 19+00 ALLEY 113-A - STA. 19+00 TO STA. 23+50 I] ALLEY 113-A - STA. 23+50 TO STA. 25+88 I] ALLEY 118-A - STA. 10+00 TO STA. 12+50 ALLEY 118-B - STA. 12+50 TO STA. 16+42 ALLEY 118-C - STA. 10+00 TO STA. 13+30 15TH STREET - STA. 10+00 TO STA. 17+30 ] 15TH STREET - STA. 17+30 TO STA. 26+00 ] 15TH STREET - STA. 26+00 TO STA. 33+50 ] 15TH STREET - STA. 33+50 TO STA. 36+50 ] IRVINE AVENUE - STA. 10+00 TO STA. 14+50 61 CLIFF DRIVE - STA. 10+00 TO STA. 12+50 PUBLIC WORKS DEPARTMENT 4 PoFNEWPORT HEIGHTS ALLEY REPLACEMENT b C-7028-3 "tLiroxr\`P CONSTRUCTION PHASING PLAN APPENDIX "B" - DFW WATER METER BOXES o� 4�— 1816 —14 13 22 184 214 I.W.A. 3 —XO cu A DFW486SA-4<> NWPT-LID NOTES 1) DIM'S t 1/8- U.N.O. 2) BODY MATERIAL: LLDPE 3) LID MATERIAL: HDPE 4) WALL THICKNESS: 3/8" i 5% 5) I.W.A. - INSIDE WORK AREA DDD DFW PLASTICS, INC. PO BOX 648 r LID KEY 4 GRAY COLOR - PMS 414C <> I NO LID HOOK NWPT I NEWPORT BEACH INSERT DFW486WBC4-12-4<> NWPT r DFW486WBC4-12-B0DY --I 3 1— KISS OFF DETAIL SECTION A -A DFW PLASTICS, INC. ENGAGES IN ONGOING RESEARCH AND DEVELOPMENT TO IMPROVE AND ENHANCE ITS PRODUCTS. THEREFORE, DFW PLASTICS, INC. RESERVES THE RIGHT TO CHANGE PRODUCT OR SYSTEM SPECIFICATIONS WITHOUT NOTICE. CREATED: o6/mmi6 CITY OF NEWPORT BEACH UPDATED: 05/1812016 ACCEPTED: jw BEDFORD, TEXAS 76095 (817) 439-3600 D F W 4 8 6 W B C 4 -1 2- 4<> NWPT DRAWN BY: RMc (817) 439-3700 (f) PLOT SCALE: 1:10 THIO nPAWINr IS THF A 1� DFW65C-4<> NWPT-LID 3 8 WALL NOTES 1) DIM'S 3 1/8" U.N.O. 2) LID MATERIAL: HDPE 3) BODY MATERIAL: LLDPE 4) WALL THICKNESS: 3/8" 3 5% 5) I.W.A. = INSIDE WORK AREA DD G�iJ DFW PLASTICS, INC. PO BOX 648 A� DFW65C4-14-BODY LID KEY 4 1 GRAY COLOR — PMS 414C <> NO ANTI FLOAT HOOK — CONCRETE NWPT INEWPORT BEACH ENGRAVING DFW65C4.14-4<> NWPT �` -184 -�� M_ 154---��- 2 J SIDES ARE JI j` 30WED OUT 1/2' cu _ BOTTOM FLANGE IS 21' WIDEN BOTTOM VIEW DFW PLASTICS, INC. ENGAGES IN ONGOING RESEARCH AND DEVELOPMENT TO IMPROVE AND ENHANCE ITS PRODUCTS. THEREFORE, DFW PLASTICS, INC. RESERVES THE RIGHT TO CHANGE PRODUCT OR SYSTEM SPECIFICATIONS WITHOUT NOTICE. CREATED: OlIV2016 CITY OF NEWPORT BEACH UPDATED: 0611812016 BEDFORD, TEAS 76095 W 6 5 C 4 (817) 439-3600 (817) 439-3700 (f) IS THE FW PLASTICS, I ACCEPTED: JM. 14-4<> NWPT DRAWN BY: RMc PLOT SCALE: 1212 FW PLASTICS, I