HomeMy WebLinkAboutC-7168-1 - Concrete Replacement ProgramSeptember 11, 2019
Nobest Incorporated
Attn: Larry Nodland
7600 Acacia Avenue
Garden Grove, CA 92841
Subject: Concrete Replacement Program C-7168-1
Dear Mr. Nodland:
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949 -644 -3039i -Ax
newportbeachcayov
On September 11, 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
September 13, 2018 Reference No. 2018000335425. The Surety for the contract is
Merchants Bonding Company and the bond number is CAC715893. Enclosed is the
Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
CITY OF NEWPORT BEACH
BOND NO. CAC715893
FAITHFUL_ PERFORMANCE BOND
This bond was issued in has (2)
original counterparts
The premium charges on this Bond is $ 11,340.00 , being at the
rate of $ $25.00/$15.00/$10.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest, Inc. hereinafter designated as the "Principal," a contract for distribution of
notification door -hangers and placing temporary "No Parking" signs; saw -cutting
concrete, removing sidewalk, curb and gutter, and driveways; removing or pruning tree,
roots; removing trees; stump grinding, removing bushes and vegetation; grading,
installing and compacting crushed miscellaneous base; constructing sidewalk, curb and
gutter, and driveways; placing rebar for concrete slab; constructing reinforced concrete
slab with saw -cut joints; and restoring synthetic turf, private irrigation and improvements
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 Seven
Hundred Eighty Four Thousand Dollars ($784,000.00) 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.
'Nobest Incorporated
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
Nobest Incorporated 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 1st day of
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 ~� ----
City Attorney
Arturo Ayala Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST SF_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 February 1,2018 before me, Kay E. Anderson/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 persona whose nameJ,ar is/V6
subscribed to the within instrument and acknowledged to me that he/six tpey executed the same in
his/hzl $efr authorized capacity(44, and that by his/horApefr signature(»)'on the instrument the personal,
or the entity upon behalf of which the personWacted, executed the instrument.
KAY E. ANDERSON
Notary Public - California
Orange County $
Commission x 2205144
My Comm. Expires Jul 15,202T '
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Si ture 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(les) Claimed by Signer(s)
Signer's Name: Larry Nodland
IN Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual Cl Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — Cl Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02.016 National Notary Association • www.NationalNotary.orq • 1-800-iJS 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 name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of Orange }ss.
On __ Februgry 1 2018 before me, Melissa Ann Vaccaro
Notary Public, personally appeared _- _ Arturo Ayala
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/shelthey 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.
•. MELISSA ANN VACCARO
WITNESS my hand and official seal- M1, commission s 2068090
7.i Notary Public - California z
d.,c_41 orange County n
Signature Melissa nn Vaccaro My comm. Expires may 12 2018 )
g ,,::�_^ seal
Nobest Incorporated Page B-3
Bond No. CAC715693
MERCHANTS
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 ce 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.,
TWP;NTY M11AJ0N ($20,000,000.00) DOi.LA13S
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 Sate 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
,.uarbbry' •... ..,
�.•"*�1011��"•.,Cp' MERCHANTS BONDING COMPANY (MUTUAL)
•, v� ; . �� •.,• „� „ : nt1, „ un _!t!p •, MERCHANTS NATIONAL BONDING, INC,
gyp- :G} •r-:� -o-
�- :d
1933
By Azwj 7,7 ""V" --
STATE OF IOWA+•'`, •it
COUNTY OF Dallas ss. ,I„/�••"",.,n•r` �•'°'•••• 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 Companles; and that the said instrument was signed and sealed In behalf of the
Companies by authority of their respective Boards of Directors.
"�'^1s WENDY WOODY j
�
Commission Number 784654
My Commission Expires
z
'ov, 20 2017 yy
Notary Publr-Ro1k 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 1st day of February 2018
POA 0014 (6/16)
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•'•;�d�;�....... •`fid;::
Secretary /
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Secretary /
November 19, 2018
Nobest Incorporated
Attn: Larry Nodland
7600 Acacia Avenue
Garden Grove, CA 92841
Subject: Concrete Replacement Program C-7168-1
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 September 11, 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
September 13, 2018, Reference No. 2018000335425. The Surety for the bond is Merchants
Bonding Company and the bond number is CAC715893. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,
rlu I. Brown, MMC
City Clerk
Enclosure
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. CAC715893
LABOR AND MATERIALS PAYMENT BOND
This b d was issued in vm (2)
original counterparts
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest, Inc, hereinafter designated as the "Principal," a contract for distribution of
notification door -hangers and placing temporary "No Parking" signs; saw -cutting
concrete, removing sidewalk, curb and gutter, and driveways; removing or pruning tree,
roots; removing trees; stump grinding, removing bushes and vegetation; grading,
installing and compacting crushed miscellaneous base; constructing sidewalk, curb and
gutter, and driveways; placing rebar for concrete slab; constructing reinforced concrete
slab with saw -cut joints; and restoring synthetic turf, private irrigation and improvements
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
Seven Hundred Eighty Four Thousand Dollars ($784,000.00) 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.
'Nobest Incorporated
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 1st
Nobest Incorporated
Name of Contractor (Principal)
Merchants Bonding Company (Mutual)
Name of Surety
6700 Westown Parkway West Des Moines IA 50266
Address of Surety
f80G)678-8171
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2- L�i E
r �
By:� 4:
Aaron C. Harp \ ww+ n.-.s.it:
City Attorney___
Arturo Ayala Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BEA TTACHED
Nobest Incorporated Page A-2
CALIFORNIA 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 February 1, 2018 before me, Kay E. Anderson/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 personK whose nameoa is/04
subscribed to the within instrument and acknowledged to me that he1gX1tpey executed the same in
his/hef/tWr authorized capacity(, and that by his/h**Apefr signatureoron the instrument the personas),'
or the entity upon behalf of which the personWacted, executed the instrument.
�AY E. ANDERSON JJJ _ Notary public -California I
:'-
Orange County
�Commission x 2205144
My Comm. Expires Jul 15,2027 +
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
Si a re 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
[A Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ 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 ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1 • . 0 • • • • . • • :11 • :11 •: •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
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verges 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
On February 1 2018 before me, Melissa Ann Vaccaro
Notary Public, personally appeared Arturo Ayala
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.
MELISSA ANN VACCARO
WITNESS my hand and official seal. ; Commission a 2068090 9
1 r i m i, Notary Public - California z
Orange County a
`-"1N °AC-,L-' My Comm. Expires May 12, 2016 J
Signature Melissa Ann Vaccaro (seal)
Nobest Incorporated Page A-3
MERCHANBond No. CAC715893
TS
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 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 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 or.
TWENTY MELUON ($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 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 ANomey-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
,.. nxun ....,.
�o`""�1O1f.r3"''.,,, ANG Cp" MERCHANTS BONDING COMPANY (MUTUAL)
r1*. OR Q- `,oa0 ......
1 ..... 09 MERCHANTS NATIONAL BONDING, INC.
��;�a 4 � CJs$ . �•'�0 4„ • .sem;
Zi D ;�•n` 3 ' a•'•
1933
c: c'
a v . PGO3 : s•. G!�
By
STATE OF IOWA ••y,••�•,r„n••`ff �•,;; `�
COUNTY OF Dallas ss. Resident
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 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
My Commission Expires
0
z s
rower • June 20, 2017
Notary Publ County, tower
(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 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 1st day of February 2018
POA 0014 (6/15)
G C •”
••�O��`pPO
1833 ,•Y�
;may•.. •:�r.
Secretary
v
RELEASE OF STOP PAYMENT NOTICE IN ITS ENTIRETY- PUBLIC WORKS
(California Civil Code §§ 8044, 8128, 9350 at seq.)
TO: PUBLIC ENTITY
(see California Civil Code §§ 8036)
City of Newport Beach
100 Civic Center Dr
Newport Beach, CA 92660
FROM: STOP PAYMENT NOTICE CLAIMANT
Case Land Surveying, Inc.
614 N. Eckhoff Street
Orange, CA 92868
The undersigned hereby withdraws and releases the Stop Payment Notice fled on October 10, 2018 with the above named
Public Enlity(s): City of Newport Beach, 100 Civic Center Dr, Newport Beach, CA 92660 for claims against Nobest, Inc, P.O. Box
874, Westminster, CA 92684, Phone: (714) 892-5583.
The claimant has been PAID IN FULL for labor, services, equipment, materials or service charges performed or furnished for the
performance or construction of the public work of improvement commonly known as the Concrete Replacement Program
C-7168-1, Newport Beach, Newport Beach, CA 92660 in the County of Orange, Customer Purchase Order #: 1-1801.00, our
Job/Invoice #:18 -NOB -533.
The property is more particularly described as set forth within Exhibit A, if attached.
The undersigned also hereby releases above said Public Entily(s) and its subdivisions and agents from any further duty under
the laws of this slate to withhold money or bonds in response to the Stop Payment Notice and waives any right of action against
them that might accrue thereunder.
Signed, seals , d delivers 17th day of October, 2018.
By: Misty Stafford, Billing Specialist
Date
Copies Sent To: -�
City Council ;R;gM
City Manager
City Attorney o rll
File
tV
M
lli
Prepared by: Case Land Surveying, Inc„ 614 N. Eckholf Street, Orange, CA 92868, Phone: (714) 6288948, Fax: (714) 628-8905
N
RECEIVED
PARTIAL REDUCTION 1 RELEASE OF STOP PAYMENT NOTICE - PUBLIC WORKS
(California Civil Code §§ 8044, 8128, 9300 at seq.) )Q 18 rPT -4 5 f; r'i 1?:
T0: PUBLIC ENTITY
(see California Civil Code §§ 8036)
City of Newport Beach
100 Civic Center Dr
Newport Beach, CA 92660
FROM: STOP PAYMENT NOTICE CLAIMANT
Case Land Surveying, Inc.
614 N. Eckhoff Street
Orange, CA 92868
The undersigned hereby partially releases and acknowledges partial satisfaction of the Stop Payment Notice filed on with the
above named Owner(s): City of Newport Beach, 100 Civic Center Dr, Newport Beach, CA 92660 for claims against Nobest, Inc,
P.O. Box 874, Westminster, CA 92684, Phone: (714) 892-5583.
The claimant has been paid $15,900.00 for labor, services, equipment, materials or service charges performed or furnished for
the performance or construction of the public work of improvement commonly known as the Concrete Replacement Program
C-7168-1, Newport Beach, Newport Beach, CA 92660 in the County of Orange, Customer Purchase Order #: 1-1801-00, our
Jobllnvoice #:18 -NOB -533.
The property is more particularly described as set forth within Exhibit A. if attached.
There remains an unpaid balance due of $2,500.00. The undersigned hereby partially releases above said Public Entity(s) and its
subdivisions and agents from any further duty under the laws of this state to withhold money or bonds in response to the Stop
Payment Notice and waives any right of action against them that might accrue thereunder.
Signed, sealedjandflklivered this 2nd day of October, 2018.
By: — / Misty Stafford, Billing Specialist
tate !D ILI 1 ! V
Copies Sent To:
City Council
City Manager
City Attorney
He
Prepared by: Case Land Surveying, Inc., 614 N. Eckhoff Street, Orange, CA 92868, Phone: (714) 628-8948, Fax; (714) 628-8905
Exhibit A - Property Description
Owner: City of Newport Beach, 100 Civic Center Dr, Newport Beach, CA 92660
Project: Concrete Replacement Program C•7168.1, Newport Beach, Newport Beach, CA 92660
The following is a complete legal description, to the best of our knowledge, of the property to be liened.
Information for this exhibit was obtained through the Recorder's Office where the property is located, or from
other sources.
Survey Service
NOTICE OF INTENT TO FILE A BOND CLAIM OR STOP NOTICE
TO: PUBLIC ENTITY
(see California Civil Code §§ 80366, 9354)
City of Newport Beach
100 Civic Center Dr
Newport Beach, CA 92660
BEE PROPERTY DESCRIPTION: EXHIBITA
FROM: CLAIMANT
Case Land Surveying, Inc.
614 N. Eckhoff Street
Orange, CA 92868
The undersigned claimant, Case Land Surveying, Inc., intends to file a Bond Claim or Slop Notice against the building, erection
or improvement described as Concrete Replacement Program C-7168.1, Newport Beach, Newport Beach, CA 92660 in the
County of Orange. The claimant furnished the following kinds of labor, services, equipment or materials: Professional Surveying
Services; at the request of Nobest, Inc, P.O. Box 874, Westminster, CA 92684, Phone: (714) 892-5583.
The amount due is $18,400.00, plus service charges or Interest at the rate of 0.00% per annum. This notice is being sent as a
matter of courtesy and reflects information true as of this date. If this claim has already been paid, please disregard this notice.
Unless we receive payment by October 10, 2018 a claim may be fled.
Dated September 26, 2018 for Case Land Surveying, Inc., 614 N. Eckhoff Street, Orange, CA 92868, Phone: (714) 628-8948,
Fax: (714) 628-8905.
By C� Misty Stafford, Billing Specialist
PROOF OF SERVICE DECLARATION
(CALFORNIA CIVIL CODE § § 8100.8118)
I, Misty Stafford, declare that I served copies of the above NOTICE OF INTENT TO FILE A BOND CLAIM OR STOP NOTICE,
(check appropriate box):
❑ By personally delivering copies to names(s) and tiffe(s) of person served) at (address), on (dale), at (time).
By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carrier, addressed to each of the parties at
the address shown above on September 26, 2018.
❑By leaving the notice and mailing a copy In the manner provided in § 415.20 of the California Code of Civil Procedure for service of
Summons and Complaint in a Civil Action.
I cerlily under penalty of perjury that the foregoing is true and correct. Signed at Orange, CA on September 26, 2018.
By: Misty Stafford, Billing Specialist
Prepared by: Case Land Surveying, Inc., 614 N. Eckhoff Street, Orange, CA 92868, Phone: (714) 628-8948, Fax: (714) 6288905
All-purpose Acknowledgment California only
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 I jIU!'tq I r
On 146-1 � before me, o l rG� (t 2 6'O 4a1 v � f i C, (here insert name and title of the officer),
I
personally appeared
who proved to me on the basis of satisfactory evidence to be the N"pN GON
person(s) whose name(s) is/are subscribed to the within instrument ����Jr• aNSSY p+F .��d��
and acknowledged to me that he/she/they executed the same in his/ :=04"p
her/their authorized ca acit (ies), and that b his/her/their signature(s)
nature(s)
P Y Y 9
on the instrument the person(s), or the entity upon behalf of which the z n0
person(s) acted, executed the instrument. �Oq b4Yz0?20
I certify under PENALTY OF PERJURY under the laws of the State of �to111t%0%
California that the foregoing paragraph is true and correct. Notary seal
WITNESS my hand
and o cia seal.
Signature au qsr
For Bank Purposes Only
Description of Attached Document
Type or Title of Document
Document Date q- I,&—
Signer(s) Other Than Named Above
D5G5350CAi11ev01 051171
Number of Pages
All-purpose Acknowledgment California only
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 Cal
County of
V I II
On _�1-%1a'� � _ before me, ��1 ZLIO + �602.e ley �y¢ayy UiL, (here insert name and title of the officer),
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 capacity0es), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing paragraph is true and correct.
WITNESS my hand
and official steal.
Signature ._
For Bank Purposes Only // V
Description of Attached DocumenttIrr /
Type or Title of Document �la-h,- of
Document Date _0_ 9111_ 111� _ _ Number of Pages
Signer(s) Other Than Named Above
IIIII�IIIIIID'iIIIIIIIVIINIIIInIIIIWIIIII
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Exhibit A - Property Description
Owner: City of Newport Beach, 100 Civic Center Dr, Newport Beach, CA 92660
Project: Concrete Replacement Program C-7168.1, Newport Beach, Newport Beach, CA 92660
The following is a complete legal description, to the best of our knowledge, of the property to be liened.
Information for this exhibit was obtained through the Recorder's Office where the property is located, or from
other sources.
Survey Service
Batch 3796826 Confirmation
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Page 1 of 5
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
11111111111111111[1111111 I 11111 11111 111111111 fl 11111111111111 111 NO FEE
$ R 0 0 1 0 3 4 7 1 4 8$+
2018000335425 9:12 am 09/13118
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 January 23, 2018. Said Contract set forth
certain improvements, as follows:
Concrete Replacement Program - C-7168-1
Work on said Contract was completed, and was found to be acceptable on
September 11, 2018, by the City Council. Title to said property is vested in the Owner
and the Surety for said Contract is Merchants Bonding Company.
En
Publio-Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. ( j�✓�j
Executed on 6MUZ L2 I ME , at Newport Beach, California.
m
https:Hgs.secure-recording.com/Batch/Confirmation/3796826 09/13/2018
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 January 23, 2018. Said Contract set forth
certain improvements, as follows:
Concrete Replacement Program - C-7168-1
Work on said Contract was completed, and was found to be acceptable on
September 11, 2018, by the City Council. Title to said property is vested in the Owner
and the Surety for said Contract is Merchants Bonding Company.
No
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
�j
Executed on sow mew ew at Newport Beach, California.
BY Q , 0
City Clerk
11 CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk,
100 Civic Center Drive, Newport Beach, CA 92660
By 10:00 AM on the 4th day of January, 2018,
at which time such bids shall be opened and read for
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
$ 925,000.00
Engineer's Estimate
Approved by
ark Vu{ ojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078
Hard copy plans are available via
Mouse Graphics at (949) 548-5571
Located at 659 W. 19th Street, Costa Mesa, CA 92627
Contractor License Classification required for this project: "A" or "C-8"
For further information, call Ben Davis, Project Manager at (949) 644-3317
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http: //newportbea chca. goy/g overn ment/open-tra nsparent/on I i ne-services/bids-rfps-
vendor-registration
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
TABLE OF CONTENTS
NOTICE INVITING BIDS..........................................................................................Cover
INSTRUCTIONS TO BIDDERS......................................................................................3
BIDDER'S BOND............................................................................................................6
DESIGNATION OF SUBCONTRACTOR(S)...................................................................9
TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9
NON -COLLUSION AFFIDAVIT..................................................................... 13
DESIGNATION OF SURETIES...................................................................... 14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15
ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18
INFORMATION REQUIRED OF BIDDER.....................................................................19
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
SPECIALPROVISIONS............................................................................................ SP -1
2
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City
Clerk via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office)
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, Acknowledgement form must be
signed)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 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 by the Bid Opening Date.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
4
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
3S�6�a"-e, , Y
Contractor's License No. & Classification Authorized i ature/T/,
it
100001114 %-31-18 I —
DIR Reference Number & Expiration Date Date
NA,e t Thr,
Bidder
5
Bond No. CSBA-6564
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($10% ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
CONCRETE REPLACEMENT PROGRAM, Contract No. 7168.1 in the City of Newport Beach,
is accepted by the City Council of the City of Newport Beach and the proposed contract is
awarded to the Principal, and the Principal fails to execute the Contract Documents in the
form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date of
the mailing of "Notification of Award", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it Is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 277th _day of December. 2017 , 8AX6.
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
Arturo Ayala, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surma must be attached)
6
Akb7-->L.sa n�D
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 1-4-2v(it
Date
personally appeared
before me, Ray E. Anderson/Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(ej whose nameW is/V6
subscribed to the within instrument and acknowledged to me that he/qX/tpey executed the same in
his/4efltWr authorized capacityW, and that by his/hvAWr signatureKon the instrument the persons'
or the entity upon behalf of which the personWacted, executed the instrument.
a• KAYE.ANDERSON
Notary Public - California
- Orange County
Commission s 2205144
My Comm. Expires lul 15, 2021
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
OPTIONAL
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
A Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ 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 ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
020116 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
ACKNOWLEDGMENT
s.• ...................•............................. a.............•............
State of California
County of
On
Public, personally appeared
6FIM
before me,
Notary
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
.................................................................. a ...........
OPT/ONAL 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
7
Thumbprint of Signer
Check here if
no thumbprint
or fingerprint
is availabte.
ACKNOWLEDGMENT
•.4 a a a0 a.. a u..... a u. a u........... e e e.. a emea............... a.. e. e.. a. e.....
State of California
County of
ss.
On before me,
Public, personally appeared
Notary
,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
.... a........................................v.............................sea
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 Witnesses)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President 1 Secretary / Treasurer
Other:
Other
0
Thumbprint of Signer
0 Check here if
no thumbprint
or fingerprint
is available.
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 Oran,
On December 27, 2017 before me, Susan Pugh, Notary Public
(insert name and title of the officer)
personally appeared Arturo Ayala
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. SUSAN PUGN
COMM. 0205405
n
tics.,. Notary Public -California
>Y,..`:'. ', ORANGE COUNTY v,
Signature J (Seal) My Comm. Expires Apr 29,2019
MERCHANTS Bond No. CSBA-6564
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 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, or any Assistant Treasurer a 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 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 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
' . .... � ` e' ANO CO .. MERCHANTS BONDING COMPANY (MUTUAL)
`��•} lvli ��� : M • MERCHANTS NATIONAL BONDING, INC-
o O + . p�.•pP0' ay.
a osf old RqDS � •0 Rq ••Z�
�•. 2C�?3 :•o; : y; 1933 : e;
• J'. • ~ BY
STATE OF IOWA •'� ,n `'•, ••��. `•••
•,�`44n• • • • •
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 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.
fir" s
WENDY WOODY
0
b• Commission Number 784654
My Commission Expires
rowP June 20, 2017
Notary Publr , 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 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 27th day of December , 2017 .
V
POA 0014 (6/15)
'0-
2003
>ti
Secretary
ACKNOWLEDGMENT
...............................................................................
State of California
County of ) ss.
On before me,
Public, personally appeared
Notary
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
..........................................................................NONE.
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
0
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
State law requires the listing of all subcontractors who will perform work in an amount in excess of
one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents
that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors have
been used in formulating the bid for the project and that these subcontractors will be used subject to the
approval of the Engineer and in accordance with State law. No changes may be made in these
subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:
/ _
7 4 %%/j! � f' 'P
C%7 x.
CG It
Address:
Phone:
State License Number:
DIR Reference:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address
Bidder
..•
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formM Please print or type.
Bidder's Name �QhPS 1 h r -
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects you have worked on (or are currently working on) in the
past 2 years in excess of $15,000, provide the following information:
No. 1
Project Name/Number
See 4' - ?LIF e, '01
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
10
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 & GunS'd - lk% D' s C n T PI I' Cold 'll d Overlay
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 Prowess
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 Ramps
Approximate Construction Dates: From: 2/2013 To: Present
Agency Name: City of Huntington Beach
Contact Person: Dereck Livermore Telephone: (714) 960-8861
Original Contract Amount: $500,000 Final Contract Amount: $ In Progress
No. 4
Project Name/Number: Section 2 Concrete Repair & Miscellaneous Slurry Project
Project Description: Remove & Replace Sidewalks Driveways Curb Ramps and Curb & Gutter
Approximate Constriction Dates: From: 8/2014 To: 10/2014
Agency Name: City of Manhattan Beach
Contact Person: Juan Price Telephone: (310) 802-5310
Original Contract Amount: S1, 119,790 Final Contract Amount: S 1,138,600
NOBEST REFERENCE LIST
Page 3
No. 5
Project Name/Number: Annual Concrete Rehabilitation Project 128
Project Description: Remove & Replace Sidewalk 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: 8514,000 Final Contract Amount: S 431,883
No. 6
Project Name/Number: Safe Routes to School Grant
Project Description: Remove and Replace Sidewalk Curb & Gutter Driveways 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: 51,515,103 Final Contract Amount: S 1,700,000
No. 2
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
No. 3
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
11
No. 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
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.
12
No. 6
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.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's currer(tnancial
conditions. \\
A/odes� =mac
Bidder
13
Z,ij,e� IJ OY> t,K�w�
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
NON -COLLUSION AFFIDAVIT
State of California )
)SS.
County of 16o
L.4/'/4 being �firrst duly sworn, deposes and says that he or she is
Pres: wI- of / beo- Z7f/• , the parry 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 that the forego'rig is and correct.
lUDhKA 14 r.
Bidder A 11�natureffi�e
11Subscribed and sworn to (or affirmed) before me on thisday of—,r.a4nJ 2018
by :Aje as 1 , proved to me on the basis of
satisfactory evidence t6 be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
[SEAL]
KAY E. ANDERSON
Notary Public - California
$ Orange County >
Commission I2205144
My Comm. Expires Jul 15, 2021
14
the laws of the State of California that the
N6taXPuFtiP
My Commission Expires: -7-15- 2 02
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
DESIGNATION OF SURETIES
Bidder's name
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):
coa,*elt,'a / 7 4!P f y Qony /TG�/1C�
I NII Al. Eco-ew"a St.. cu l 4e 0?0
Gr4w4o.. G'4 q2�;&7
'r6-IRig
15
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name llldhe�f TH G
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2017
2016
2015
2014
2013
Total
2018
No. of contracts
6
20
31
aj
a a
as
116
Total dollar
Amount ofO
7sJq
tla3s
`�oN
7176
u,6�y
�, �
Contracts (in
Thousands of $
No. of fatalities
®
Q
No. of lost
Workday Cases
G,
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder/u0�25f ITA C.
Business Address: 60 lf.9 ve. 2n Gap Cq �iak�
Business Tel. No.: 171qJ�j �a sSS 3
State Contractor's License No. and �r
Classification:
Title
The above information was compiled from the records that are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
MA
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
HFA
ZALIIIFORNIA 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 1-4�2013 before me, Kay E. Anderson/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)Xare
subscribed to the within instrument and acknowledged to me that fyc/ore/they executed the same in
ots' 7their authorized capacity(ies), and that by>i</*/their signature(s) on the instrument the person(s),
r the entity upon behalf of which the person(s) acted, executed the instrument.
KAY E. ANDERSON
Notary Public - California
Orange County
Commission 4 2205144
My Comm. Expires Jul 15, 2021
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 W official seal.
OPTIONAL
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
L19 Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name: Robert Nodland II
IN 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.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name pohg5f �y1C•
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received Signature
iE:3
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct: q,
Name of individual Contractor, Company or Corporation: Ae)beyt Zi2r
Business
Telephone and Fax Number:
California State Contractor's License No
(REQUIRED AT TIME OF AWARD)
Plev 45 -/eve,
-SSe3 (7ic/1373-)r
and Class:
Original Date Issued: " 7' Expiration Date: 7— W- /9
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:
/ti , k �79 : n. 4 /e/'
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
--lt/Y,V 111dIGnW - pnrs,weo>`, %/PrcSri/P/
teoberr kobd "7 - Sec reft�,
Corporation organized under the laws of the State of Ca (-�ocn,
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
/k Z11
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,
you ever had a contract terminated by the owner/agency? If so, explain.
you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any
claims or actions by any outside agency or individual for lab compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes
go]
Are any claims or actions unresolved or outstanding? Yes /Q
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.
L ar�r, NDd�n�
(Print name of Owner or Pres!
of Corporation/Company)
A/c)desf �'-r►c
Bidder
Title
Date
On / — % /g before me, PAy a 04^,DL 4So,JNotary Public, personally
appeared.4az1�y .01JoDc n,n� , who proved to me on the
ory
basis of satisfacteviden a to be the person(.e whose name4 is/pe subscribed to the within
instrument and acknowledged to me that he/sll;etlyWexecuted the same in his/bef/ttyetP authorized
capacityfj4, and that by his/taAlaer signatureKon the instrument the personoror the entity upon
behalf of which the person;vracted, 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.
W ITNESS my hand and official seal.
N tar Pu 6
ien and for said State
My Commission Expires: 7-1 S ^2 D-21
21
KAY E. ANDERSON
(SEAL) Notary Pubblic-California
Oran eCounty
Commission N 2205144
My Comm. Expires Jul 15, 2021
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
• CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
22
CONCRETE REPLACEMENT PROGRAM
CONTRACT NO. 7168-1
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day
of January, 2018 ("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: distribution of
notification door -hangers and placing temporary "No Parking" signs; saw -cutting
concrete, removing sidewalk, curb and gutter, and driveways; removing or pruning
tree, roots; removing trees; stump grinding, removing bushes and vegetation;
grading, installing and compacting crushed miscellaneous base; constructing
sidewalk, curb and gutter, and driveways; placing rebar for concrete slab;
constructing reinforced concrete slab with saw -cut joints; and restoring synthetic
turf, private irrigation and improvements (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. 7168-1, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Seven Hundred Eighty Four Thousand Dollars
($784,000.00).
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.
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
Nobest Incorporated Page 2
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.).
To the extent that Contractor's claim is a "Claim" as defined in Public Contract
Code section 9204 or any successor statute thereto, the Parties agree to follow the
dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute
after completion of the dispute resolution process provided for in Public Contract Code
section 9204 or any successor statute thereto shall be subject to the Government Claims
Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: 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
Nobest Incorporated Page 3
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Nobest Incorporated Page 4
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
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
Nobest Incorporated Page 5
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.
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
Nobest Incorporated Page 6
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), 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.
Nobest Incorporated Page 7
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and any other attachments attached hereto, the
terms of this Contract shall govern.
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
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.
Nobest Incorporated Page 8
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
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 ATTORNEY'S OFFICE
Date: 1 Z30he
By:
Aaron C. Harp l-so-ts
City Attorney
ATTEST-
Date:
ST: 2 I �• f U
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Wy
x
Y 96ffield
Dat
CONTRACTOR: Nobest Incorporated, a
California corporation
Date:
Signed in Counterpart
By:
Larry Nodland
President
Date:
Signed in Counterpart
BV:
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 ATTOOFFICE
Date: 0 a
By.
Aaron C. Harp
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: Nobest Incorporated, a
California corporation
n,+o• -7 _1 . I4
Bye.-��
—Robert Nodla
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
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
TSA A �A .A
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 February 1, 2018 before me, Kay E Anderson/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)X/are
subscribed to the within instrument and acknowledged to me that ge?,6,we/they executed the same in
pis/ /their authorized capacity(ies), and that byJaK/*/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
KAY E. ANDERSON
111 Notary Public - California
.�" Orange County
Corn misslon.2205144
My Comm. Expires Jul 15, 2027 '
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
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
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name: Robert Nodland II
IN 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
CITY OF NEWPORT BEACH
BOND NO. CAC715893
LABOR AND MATERIALS PAYMENT BOND
This bond was Issued in Iwo (2)
original aountaqueds
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest, Inc. hereinafter designated as the "Principal," a contract for distribution of
notification door -hangers and placing temporary "No Parking" signs; saw -cutting
concrete, removing sidewalk, curb and gutter, and driveways; removing or pruning tree,
roots; removing trees; stump grinding, removing bushes and vegetation; grading,
installing and compacting crushed miscellaneous base; constructing sidewalk, curb and
gutter, and driveways; placing rebar for concrete slab; constructing reinforced concrete
slab with saw -cut joints; and restoring synthetic turf, private irrigation and improvements
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 Bondinq 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
Seven Hundred Eighty Four Thousand Dollars ($784,000.00) 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.
'Nobest Incorporated
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 1st day of February , 2018
Nobest Incorporated
Name of Contractor (Principal)
Mgrphants Bonding Company (Mutual)
Name of Surety
6700 Westown Parkway West Des Moines 1A 50266
Address of Surety
1800678-8171
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ZISly6
City
Aa ti•S.it
Arturo Ayala, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Pres
Nobest Incorporated Page A-2
CALIFORNIA 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 February 1,2018 before me, Ray E. Anderson/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 personK whose namewis/V6
subscribed to the within instrument and acknowledged to me that he/sx/tCey executed the same in
his/heflttjeTr authorized capacity,C14, and that by his/hoetWir signatureWon the instrument the personal,
or the entity upon behalf of which the person(,sr)'acted, executed the instrument.
' KAYE. ANDERSON
Notary Public -California
Orange County €
Commission .2205141
My Comm, Expires Jul 15.2021
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 fficial seal.
Signature
Si a re 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 Signer(s)
Signer's Name: Larry Nodland
IN Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ 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 ❑ 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
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/shelthey 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.
State of California
(seal)
County of Orange }ss.
On February 1 2018 before me, Melissa Ann Vaccaro
Notary Public, personally appearedArturo 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 persons) 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.
(seal)
Nobest Incorporated Page A-3
MELISSA ANN VAOOARO
;r4'5
Commission # 2068090
-•,-m
.I,
Notary Public - California
•""'.d
Orange County
My Comm. Expires Mav 12.2018
(seal)
Nobest Incorporated Page A-3
Bond No, CAC715893
MERCHANTS
BONDING COMPANY..
POWER OF ATTORNEY
Know Al Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations of the Slate 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 Altomey(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings
and otherwritten obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of:
TWENTY MILLION (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, a 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 face 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 Allomey-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 Slate of Florida Department of Transportation. It is fully understood that consenting to the Slate 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
,.uoe.... ......
0..•'110144,0 •.,y •. �%G C • MERCHANTS BONDING COMPANY (MUTUAL)
�.'t1*. .. Q:,i Y.�aO PPO9xTjp�, MERCHANTS NATIONAL BONDING, INC.
yr 0 .0 0. O I*- -f
2003 1933
STATE OF IOWA
COUNTY OF Dallas ss. President
On this 10th day of March 2017 , before me appeared Larry Taylor, to me 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.
p " u WENDY WOODY
0
Commission Number 784654
? Ji 7 Nly Commission Expires
wwP June 20, 2017
Notary Pu61t , 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 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 tat day of February 2018
51011 �� •,,,
,•
P
. ,oa0\N OCO,j��
ti
2043 :.n'
:y 1933 Jc;
• 7
POA 0014 (6/15)
Secretary
THE FINAL PREMIUM IS
PREDICATED ON THE
FINAL CONTRACT PRICE
CITY OF NEWPORT BEACH
BOND NO. CAC715893
FAITHFUL PERFORMANCE BOND
This bond was issued in Wo (2)
original munterpans
The premium charges on this Bond is $ 11,340.00 , being at the
rate of $ $25.00/$15.00/$10.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Nobest, Inc. hereinafter designated as the "Principal," a contract for distribution of
notification door -hangers and placing temporary "No Parking" signs; saw -cutting
concrete, removing sidewalk, curb and gutter, and driveways; removing or pruning tree,
roots; removing trees; stump grinding, removing bushes and vegetation; grading,
installing and compacting crushed miscellaneous base; constructing sidewalk, curb and
gutter, and driveways; placing rebar for concrete slab; constructing reinforced concrete
slab with saw -cut joints; and restoring synthetic turf, private irrigation and improvements
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 Seven
Hundred Eighty Four Thousand Dollars ($784,000.00) 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.
`Nobest Incorporated
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
Nobest Incorporated 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 1st day (' -
Nobestlncorporated
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
City
C(Harp \ A"�J'i•r.to
Arturo Ayala Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Nobestlncorporated _ page B-2
CALIFORNIA 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 February 1,2018 before me, Ray E. Anderson/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 personK whose nameJ,$)' is/,�€
subscribed to the within instrument and acknowledged to me that he/qX/tpcy executed the same in
his/4e6tWr authorized capacity(, and that by his/hprft�gir signaturejWon the instrument the personjW
or the entity upon behalf of which the personWacted, executed the instrument.
KAY E. ANDERSON
Notary Public - California
'- Orange County g
Commission. 2205144
My Comm. Expires Jul 15, 2021
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
Si ture 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
IN Corporate Officer — Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ 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 ❑ 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
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
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate ver flea 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 Febrtla[y 1 2018 before me, Melissa Ann Vaccaro
Notary Public, personally appeared Arturo Ayala
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.
MELISSA ANN VACCARO
WITNESS my hand and official seal. Commission a 2008090
( Notary Public - California z
^`o��IVyr`�CC�Y�d z Orange County n
Signature Melissa Ann Vaccaro My Comm. Expires Ma 12, 2018'seal)
Nobest Incorporated Page i3-3
MERCHANi74k
Bond No. CAC715893
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 laws (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, a any Assistant Treasurer a 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 some face 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 Slate 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 Contract" 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
..unua•.%•
� a,
.....,
.a�\NG.-
MERCHANTS BONDING COMPANY (MUTUAL)
......
,,�gr0y�fgRgjOp:y
•
0pPUg9.gy.
MERCHANTS NATIONAL BONDING, INC.
gyp- •`y ; G ;
. r–: r .. o- o:—.
1933
' `�d,��. cv.
—/-y
By
STATE OF IOWAv",wrngMd.........
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
0
Commission Number 784654
7 My Commission Expires
foyj. June 20 2011
Notary Publr , 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 1st day of February 2018
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, and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Nobest Incorporated Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of 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
endorsements as specified herein for each coverage. All of the executed
Nobest Incorporated Page C-2
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at anytime
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
obligations to City. If Contractor's existing coverage includes a self-insured
Nobest Incorporated Page C-3
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: 2/2/18 Dept./Contact Received From: Raymund
Date Completed: 2/8/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: Nobest Inc.
Type of contract:
Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/17 -10/1/18
A.
INSURANCE COMPANY: Great American Assurance Co.
B.
AM BEST RATING (A-: VII or greater): A+: XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$1M/$2M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
N/A
F.
not apply to Waste Haulers or Recreation)
N Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
❑ N/A N Yes ❑ No
G.
COMPLETED OPERATIONS ENDORSEMENT (completed
N N/A ❑ Yes ❑ No
H.
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes N No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
N N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/1/17 - 10/1/18
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?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
❑ N/A N Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
N N/A ❑ Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/16-10/1/17
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
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) $1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A
❑ Yes
❑ No
H.
NOTICE OF CANCELLATION: ❑ N/A
® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
" Subject to the terms of the contract.
Date
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM
Contract No. 7168-1
(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. 7168-1 in accordance with the Plans and
Special Provisions, and will take in full payment therefore the following unit prices for the
work, complete in place, to wit:
Date Bidder
bidder's Telephone and Fax Numbers %rized Si nature and Title
C• � y*d'P
Bidder's License No(s). Bidder's Address
and Classifications) / GG/c�2✓! !;,Oae,
Bidder's email address:
PR -1
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM (C-7168-1), bidding
on January 4, 2018 10:00 AM (Pacific)
Bid Results
Bidder Details
Vendor Name Nobest Inc.
Address 7600 Acacia Ave
Garden Grove, CA 92841
United States
Respondee Mike Lewis
Respondee Title Estimator
Phone 714-892.5583 Ext. 104
Email mike@nobest.net
Vendor Type CADIR
License # 356922
CADIR 1000011529
Bid Detail
Bid Format Electronic
Submitted January 4, 2018 9:43:57 AM (Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 127485
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Bid Submittal C-7168-1- Nobest Inc.
BID SUBMITTAL C-7168-1- NOSIEST INC.pdf
Bid Bond- C-7168-1 Nobest Inc.
BID BOND- C-7168-1 NOSEST INC.pdf
Line Items
Type Item Code UOM
qty Unit Price
Main Bid
1 Mobilization
LS
1 $39,000.00
2 Surveying Services
LS
1 $4,000.00
3 Traffic Control
LS
1 $18,000.00
4 Remove & Construct 4 -Inch Thick Concrete Sidewalk
SF
28500 $5.40
5 Remove & Construct 6 -Inch Thick Concrete Sidewalk (pumped)
SF
5000 $12.00
Planef Bids. Inc.
File Type
General Attachment
Bid Bond
Line Total Comment
$39,000.00
$4,000.00
$18,000.00
$153,900.00
$60,000.00
Page 1
City of Newport Beach
CONCRETE REPLACEMENT PROGRAM (C-7168-1), bidding on January 4, 2018 10:00 AM (Pacific)
Bid Results
Type
Item Code UOM
Qty
Unit Price
6
Construct 7 -Inch Thick Reinforced Concrete Slab (Utility Yard)
SF
10000
$7.50
7
Remove & Construct Concrete Type "A" Curb & Ginter
LF
1350
$47.00
8
Remove & Construct &Inch Concrete Driveway Approach
SF
14500
$14.00
9
Prune Tree Roots
LS
1
$28,000.00
10
Tree Removal
EA
34
$1,250.00
11
Provide ISA Certified Arborist
LS
1
$10,000.00
12
Remove & Replace Electric Pull Box & Cover
EA
9
$500.00
13
Remove & Replace Water Meter Box & Cover
EA
2
$525.00
14
Remove & Replace Sewer Cleanout Box & Cover
EA
8
$200.00
15
Restore Public and Private Improvements
LS
1
$80,000.00
Subcontractors
Name & Address
Treesmith Enterprises
1551 N Miller
Anaheim, CA 92705
United States
Description License Num
Tree removals 802705
Planet9ids Ina
Subtotal
Total
CADIR
1000001838
Line Total Comment
$75,000.00
$63,450.00
$203,000.00
$28,000.00
$42,500.00
$10,000.00
$4,500.00
$1,050.00
$1,600.00
$80,000.00
$784,000.00
$784,000.00
Amount Type
$50,800.00
Page 2
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CONCRETE REPLACEMENT PROGRAM
CONTRACT NO. 7168-1
PART I - GENERAL PROVISIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK 1
2-5 PLANS AND SPECIFICATIONS 1
2-5.2 Precedence of Contract Documents 1
2-6 WORK TO BE DONE 1
2-9 SURVEYING 2
2-9.1 Permanent Survey Markers 2
SECTION 3 - CHANGES IN WORK 2
3-3 EXTRA WORK 2
3-3.2 Payment 2
3-3.2.3 Markup 2
SECTION 4 - CONTROL OF MATERIALS 3
4-1 MATERIALS AND WORKMANSHIP 3
4-1.3 Inspection Requirements 3
4-1.3.4 Inspection and Testing 3
SECTION 5 - UTILITIES 3
5-1 LOCATION 3
5-2 PROTECTION 3
5-7 ADJUSTMENTS TO GRADE 3
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4
6-1.1 Construction Schedule 4
6-2 PROSECUTION OF THE WORK 4
6-7 TIME OF COMPLETION 5
6-7.1 General 5
6-7.2 Working Days 6
6-9 LIQUIDATED DAMAGES 6
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
6
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
6
7-1.2 Temporary Utility Services
6
7-7 COOPERATION AND COLLATERAL WORK
7
7-8 WORK SITE MAINTENANCE
7
7-8.4.3 Storage of Equipment and Materials in Public Streets
7
7-8.6 Water Pollution Control
8
7-8.6.2 Best Management Practices (BMPs)
8
7-8.7.2 Steel Plates
8
7-10 PUBLIC CONVENIENCE AND SAFETY
8
7-10.1 Traffic and Access
8
7-10.3 Street Closures, Detours and Barricades
9
7-10.4 Safety
�I�
10
7-10.4.1 Safety Orders
10
7-10.5 "No Parking" Signs
10
7-10.6 Notices to Residents
10
7-10.7 Street Sweeping Signs and Parking Meters
11
7-15 CONTRACTOR'S LICENSES
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-3 PAYMENT
11
9-3.1 General
11
9-3.2 Partial and Final Payment.
14
PART 1 - CONSTRUCTION MATERIALS
14
SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
14
201-1 PORTLAND CEMENT CONCRETE
15
201-1.1 Requirements
15
201-1.1.2 Concrete Specified by Class and Alternate Class
15
201-2 REINFORCEMENT FOR CONCRETE
15
201-2.2 Steel Reinforcement
15
201-2.2.1 Reinforcing Steel
15
SECTION 215 --- TRAFFIC SIGNS
15
PART 3 - CONSTRUCTION METHODS
15
SECTION 300 - EARTHWORK
15
300-1 CLEARING AND GRUBBING
15
300-1.3 Removal and Disposal of Materials
15
300-1.3.1 General
16
300-1.3.2 Requirements
16
300-1.5 Solid Waste Diversion
16
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
16
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
16
303-5.1 Requirements
16
303-5.1.3 Driveway Entrances
17
303-5.5 Finishing
17
303-5.5.1 General
17
303-5.5.2 Curb
17
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
18
305-1 General
lg
SECTION 313 --- TRAFFIC SIGN INSTALLATION
19
SECTION 400 -ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE
AND UNTREATED BASE MATERIAL
19
400-2 UNTREATED BASE MATERIALS
19
400-2.1 General
19
CITY OF NEWPORT BEACH LBENIAPUBLIC WORKS DEPARTMENT AV82
SPECIAL PROVISIONS
CONCRETE REPLACEMENT PROGRAM
CONTRACT NO. 7168-1
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the City's Standard Special Provisions and Standard
Drawings for Public Works Construction, (2004 Edition), including Supplements; (3)
Standard Specifications for Public Works Construction (2009 Edition), including
supplements. Copies of the City's Standard Special Provisions and Standard Drawings
may be purchased at the Public Works Department. Copies of the Standard
Specifications for Public Works Construction may be purchased from Building News,
Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
Add to this section, "If there is a conflict within any one specific Contract Document, the
more stringent requirement as determined by the Engineer shall control."
2-6 WORK TO BE DONE
Add to this section, "The work necessary for the completion of this contract consists of
distributing notification door -hangers, placing temporary "No Parking" signs, saw -cutting
concrete, removing sidewalk, curb and gutter, driveways; removing or pruning tree
roots; removing trees; stump grinding, removing bushes and vegetation, grading,
installing and compacting crushed miscellaneous base, constructing sidewalk, curb and
gutter, driveways, placing rebar for concrete slab, constructing reinforced concrete slab
with saw -cut joints, restoring synthetic turf, private irrigation and improvements
Page 1 of 19
impacted by the work, providing temporary access during construction and other
incidental items to complete work in place as required by the contract documents."
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.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.3 Markup
Replace this section with the following:
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, one (1)
percent shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be
applied to the Subcontractor's actual cost (prior to any markups) of such work. A
markup of 10 percent on the first $5,000 of the subcontracted portion of the extra
work and a markup of 5 percent on work added in excess of $5,000 of the
subcontracted portion of the extra work may be added by the Contractor.
Page 2 of 19
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
Add Section 4-1.3.4 Inspection and Testing
4-1.3.4 Inspection and Testing
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used in the work until it has been inspected and
accepted by the Engineer. The Contractor shall furnish the Engineer full information as
to the progress of the work in its various parts and shall give the Engineer timely (48 -
hours minimum) notice of the Contractor's readiness for inspection. Submittals are
required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
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 31d paragraph: "Within seven (7) Calendar days after
completion of the work or phase of work, the Contractor shall remove all USA utility
markings. Removal by sand blasting is not allowed. Any surface damaged by the
removal effort shall be repaired to its pre -construction condition or better."
5-2 PROTECTION
Add the following: In the event that an existing pull or meter box or cover is damaged
by the Work and is not re -useable, the Contractor shall provide and install a new pull or
meter box or cover of identical type and size at no additional cost to the City.
Add Section 5-7 ADJUSTMENT TO GRADE
5-7 ADJUSTMENTS TO GRADE
The Contractor shall adjust or replace to finish grade of City -owned water meter boxes,
water valve covers, sewer manholes, sewer cleanouts and surrey monuments.
Page 3 of 19
The Contractor will be required to contact Southern California Edison, The Gas
Company, AT&T Telephone, cable television, and any other utility facilities to have their
existing utilities adjusted to finish grade. The Contractor shall coordinate with each
utility company for the adjustment of their facilities in advance of work to avoid potential
delays to the Project Schedule.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
Add to this section: The time of completion as specified in Section 6-7, shall commence
on the date of the 'Notice to Proceed.
6-1.1 Construction Schedule
Add the following between the first and second paragraphs of this section:
No work shall begin until a "Notice to Proceed" has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to the pre -construction meeting.
Schedule may be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job.
Special scheduling is required for all work that will impact the schools in the project area.
The schools are Newport Harbor High School, Anderson Elementary School, Lincoln
Elementary School and Harbor Day School (Private). Work close to these school areas
must be scheduled during school holidays of February 19 to 23, April 16 to 20 or after
June 22, this includes work on adjacent streets. Newport Harbor High School work
cannot be done until the electric poles are relocated by Southern California Edison which
is not scheduled until after June 22. Separate mobilizations are required for this work and
no compensation will be made for remobilization costs to complete the work during these
scheduled school recesses.
6-2 PROSECUTION OF THE WORK
Add to this section: "Before pruning tree roots, the Contractor's ISA Certified Arborist
shall provide written documentation indicating tree root pruning can be performed
without future tree damage. For trees requiring arborist inspection, as indicated in the
Page 4 of 19
Arborist Tree Report summary, concrete work around selected trees shall be scheduled
with the Arborist for review during concrete removal to finish inspection before root
pruning the arborist cannot provide an explicit recommendation or requests tree
removal, the Contractor shall obtain written approval from the Engineer to perform root
pruning or tree removal work. Prior to work near trees on the above streets, the
Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. Kevin
Pekar at (949) 644-3197 at the site to discuss City standards and requirements at these
locations.
The City's review time may take up to ten working days. Upon review, the Engineer will
provide instructions to the Contractor regarding each tree's disposition. Trees slated for
removal will be paid at the contract bid price. Working days will not be added to
contract time for the City's review."
6-7 TIME OF COMPLETION
6-7.1 General
Add to this section: The Contractor shall complete all work under the Contract within 90
consecutive working days after the date on the Notice to Proceed. Except for the
work on 15th Street adjacent to Newport Harbor High School location, the Contractor
shall complete this work within 10 consecutive working days after SCE completes the
power pole relocations and written approval from the Engineer, which is anticipated to
be completed in July.
The Contractor shall ensure the availability and delivery of all material prior to the start
of work. Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work.
Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
Page 5 of 19
6-7.2 Working Days
Designated City holidays are defined as:
1. January 15c (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 251h (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 315' (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday.
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-9 LIQUIDATED DAMAGES
Revise sentence three to read: For each consecutive calendar day after the time
specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the
City or have withheld from moneys due it, the daily sum of $1,000.00.
Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute
agreement by the Agency and Contractor that the above liquidated damages per day is
the minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
Add to the end of this section: If the Contractor elects to use City water, he shall
arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of
the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly
charge for meter use, a charge for water usage and any repair charges for damage to
the meter.
Page 6 of 19
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, irrigation during maintenance
period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing of such water
7-7 COOPERATION AND COLLATERAL WORK
Add to this section: City forces will perform all shut downs of water facilities as required.
The Contractor shall provide the City advanced notice a minimum of seven calendar
days prior to the time he desires the shutdown of water and/or sewer facilities to take
place.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. The City must approve any nighttime work in
advance. It is the Contractor's responsibility to notify the affected business and
residents of the upcoming water shutdown with a form provided by the Engineer at least
48 hours minimum in advance of the water shut down.
The Contractor shall provide and install new water meter and valve boxes. Existing
water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve
boxes shall be delivered to the City's Utilities Yard at 949 West 16th Street. The
Contractor shall make arrangements for the delivery of salvaged materials by
contacting the City of Newport Beach Utilities Division at (949) 644-3011.
7-8 WORK SITE MAINTENANCE
Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets
7-8.4.3 Storage of Equipment and Materials in Public Streets
Delete the first paragraph and add the following: Construction materials and equipment
may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in
advance. It is the Contractor's responsibility to obtain an area for the storage of
equipment and materials. The Contractor shall obtain the Engineer's approval of a
site for storage of equipment and materials prior to arranging for or delivering
equipment and materials to the site. Prior to move -in, the Contractor shall take photos
of the laydown area. The Contractor shall restore the laydown area to its pre -
construction condition. The Engineer may require new base and pavement if the
pavement condition has been compromised during construction.
Page 7 of 19
7-8.6 Water Pollution Control
Add to this section: Surface runoff water, including all water used during sawcutting
operations, containing mud, silt or other deleterious material due to the construction of
this project shall be treated by filtration or retention in settling basin(s) sufficient to
prevent such material from migrating into any catch basin, Newport Harbor, the beach,
or the ocean. The Contractor shall also comply with the Construction Runoff Guidance
Manual which is available for review at the Public Works Department or can be found
on the City's website at www.newportbeachca.gov/l)ublicworks and clicking on permits,
then selecting the link Construction Runoff Guidance Manual. Additional information
can be found at www.cleanwaternewport.com."
7-8.6.2 Best Management Practices (BMPs)
Add to this section: The Contractor shall submit a Best Management Practice (BMP)
plan for containing any wastewater or storm water runoff from the project site including,
but not limited to the following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City of Newport
Beach will monitor the adjacent storm drains and streets for compliance. Failure of the
Contractor to follow BMP will result in immediate cleanup by City and back -charging the
Contractor for all costs plus 15 percent. The Contractor may also receive a separate
Administrative Citation per Section 14.36.030A23 of the City's Municipal Code.
7-8.7.2 Steel Plates
"Steel plates utilized for trenching shall be the slip resistant type per Caltrans
Standards. In addition, steel plates shall be pinned and recessed flush with existing
pavement surface."
7-10 PUBLIC CONVENIENCE AND SAFETY
7-10.1 Traffic and Access
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Page 8 of 19
Traffic Control Plans are required for all lane closures on San Miguel Rd. that may be
required to pump concrete into the Harbor View Nature Park as shown in Exhbit 2. The
Traffic Control Plans shall be stamped and signed by a Registered Traffic Engineer in
the state of California.
Pedestrian access to all storefronts, offices, residences, dock ramps, etc., within the
limits of work must be maintained at all times. The Contractor shall cooperate with the
Engineer to provide advance notice to any and all establishments whose access will be
impacted by construction operations, particularly sidewalk construction. The Contractor
shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any
other measures deemed necessary by the Engineer to safely direct the public around
areas of construction, and into (and out of) the affected establishments. Such
measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)
The Contractor shall finish concrete placement for all open excavations before the
weekend so that all excavated P.C.C. will be poured back within the same work week.
All new ADA ramps shall have truncated domes installed within 48 hours after concrete
placement.
7-10.3 Street Closures, Detours and Barricades
Add to this section: The Contractor shall submit to the Engineer - at least five working
days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for
each street and parking lot. The Contractor shall be responsible for processing and
obtaining approval of a traffic control plans from the City's Traffic Engineer. The
Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans
shall be prepared by a licensed Traffic Engineer and conform to the provisions of the
WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic
Control Plans shall be signed and sealed by a California licensed traffic engineer.
Traffic control and detours shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3468 and all affected property owners.
Page 9 of 19
7-10.4 Safety
7-10.4.1 Safety Orders
Add to this section: The Contractor shall be solely and completely responsible for
conditions of the job -site, including safety of all persons and property during
performance of the work, and the Contractor shall fully comply with all State, Federal
and other laws, rules, regulations, and orders relating to the safety of the public and
workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
Add the following Section 7-10.5 "No Parking" Signs
7-10.5 "No Parking" Signs
The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs
(even if streets have posted "NO PARKING" signs) which he shall post at least forty-
eight hours in advance of the need for enforcement. The signs will be provided by the
City at no cost to the Contractor. However, the City reserves the right to charge $2.00
per sign following any excessive abuse or wastage of the signs by the Contractor. In
addition, it shall be the Contractor's responsibility to notify the City's Police Department
at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the
need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking"
signs are available at the Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample
of the completed sign shall be reviewed and approved by the Engineer prior to posting.
Add the following Section 7-10.6 Notices to Residents
7-10.6 Notices to Residents
Ten working days prior to starting work, the Contractor shall deliver a construction
notice to residents within 500 feet of the project, describing the project and indicating
the limits of construction. The City will provide the notice.
Forty-eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start for each
block or street, what disruptions may occur, and approximately when construction will
be complete. An interruption of work at any location in excess of 14 calendar days shall
require re -notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
Page 10 of 19
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re -notification using an explanatory
letter furnished by the City.
Add the following Section 7-10.7 Street Sweeping Signs and Parking Meters
7-10.7 Street Sweeping Signs and Parking Meters
After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover
street sweeping signs and parking meters, on those streets adjacent to the construction
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.
Add the following Section 7-15 Contractor's Licenses:
7-15 CONTRACTOR'S LICENSES
At the time of the award and until completion of work, the Contractor shall possess a
Class "A" license or a "C-8" license. At the start of work and until completion of work,
the Contractor and all Sub -contractors shall possess a valid Business License issued
by the City of Newport Beach.
At the time of the award and until completion of work, the Contractor shall retain an ISA
Certified Arborist to assess all tree root pruning locations on the WORK SCHEDULE.
At the start of work and until completion of work, the Arborist shall possess a Business
License issued by the City of Newport Beach.
SECTION 9 - MEASUREMENT AND PAYMENT
`�19_\'V I ZU
9-3.1 General
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
Page 11 of 19
schedules as needed, attending construction progress meetings as needed, and all
other related work as required by the Contract Documents. Work under this item shall
include remobilization as needed for work during school shutdowns and coordination
with SCE pole removals. This bid item shall also include work to demobilize from the
project site including but not limited to site cleanup, removal of USA markings and
providing any required documentation as noted in these Special Provisions.
Item No. 2 Surveying Services: Work under this item shall include, but not be limited
to, all labor, tools, equipment and material costs of surveying, establishing horizontal
and vertical controls, providing construction staking, establishing centerline ties,
adjusting survey monuments, filing pre- and post -construction corner records with the
county, reestablishing property corners disturbed by the work, preparing record of
survey, protecting and restoring existing monuments and other survey items as required
to complete the work in place.
Item No. 3 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all
costs incurred notifying residents. In addition, this item includes preparing traffic control
plans prepared and signed by a California licensed traffic engineer, as required for any
lane closures on arterial streets which may be required to complete work adjacent to
San Miguel Road and providing the traffic control required by the project including, but
not limited to, signs, cones, barricades, flashing arrow boards and changeable message
signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor,
tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual,
Latest edition, and City of Newport Beach requirements.
Item No. 4 Remove and Construct 4 -Inch Thick Concrete Sidewalk: Work under this
item shall include, but not limited to, all labor and materials relating to removing and
disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick
minimum concrete sidewalk per CNB STD -180-L, installing temporary AC sidewalk,
adjusting sidewalk to grade to match adjacent improvements and all other work items
as required to complete the work in place.
Item No. 5 Remove and Construct 6 -Inch Thick Concrete Sidewalk (pumped): Work
under this item shall include, but not limited to, all labor and materials relating to
removing and disposing of the existing sidewalk, compacting subgrade, pumping
concrete from street into Buffalo Hills Park locations shown on Detail B, constructing 6 -
inch thick minimum concrete sidewalk per CNB STD -180-L, installing temporary AC
sidewalk if required to maintain access, adjusting sidewalk to grade to match adjacent
improvements, and all other work items as required to complete the work in place.
Item No. 6 Construct 7 -Inch Thick Concrete Slab (Utility Yard): Work under this item
shall include, but not limited to, all labor and materials relating to constructing 7 -inch
thick minimum reinforced concrete, setting up formwork, setting up grade to drain to
existing driveways, installing rebar with 3 -inch cover, sawcutting all joint lines, installing
1 -inch expansion joints at locations shown on plans and where concrete is adjacent to a
Page 12 of 19
wall, and to match adjacent improvements, and all other work items as required to
complete the work in place.
Item No. 7 Remove and Construct Type "A" Concrete Curb and Gutter: Work under
this item shall include, but not limited to, all labor and materials relating to removing and
disposing of the existing curb and gutter, compacting subgrade, reconstructing curb
openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB
STD -182-L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -
chiseling of curb face for existing underground utilities, and all other work items as
required to complete the work in place.
Item No. 8 Remove and Construct 6 -Inch Concrete Driveway Approach: Work
under this item shall include, but not limited to, all labor and materials relating to
sawcutting, removing, and disposing existing improvements associated with curb and
gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12"
wide x 12" deep A.C. patch back, steel plating, and all other work items as required to
complete the work in place.
Item No. 9 Prune Tree Roots: Work under this item shall include, but not limited to,
all labor and materials relating to root pruning and disposing per Section 308-1,
removing and disposing of excess soil, reviewing trees identified on the Work Schedule
by ISA Certified Arborist, and all other work required to complete the work in place.
This shall include all work for clearing and grubbing roots that are found in all concrete
replacement areas. All utilities or other improvements damaged by the work, including,
but not limited to, street light conduit and wires and private irrigation lines shall be
immediately repaired at the expense of the Contractor and no additional compensation
shall be made.
Item No. 10 Tree Removal: Work under this item shall include, but not limited to, all
labor and materials relating to removing and disposing of trees, roots to a minimum
depth of 18 -inches below ground surface by stump grinding, and soil; adjusting surface
grade to match adjacent improvements; removing all wood chips and debris from tree
removal process, making repairs to private improvements impacted by the work such as
irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks,
fences, mailboxes, providing and installing sod, and other private improvements to
preconstruction conditions; restoring the ground surface to a new level surface that
matches surrounding area and all other work items as required to complete the work in
place. Assume trunk size of 24 inch diameter at breast height. Trees which have not
been preselected by the City for removal may take up to ten working days to process
and formally approve for removal per Section 308-1. All utilities or other improvements
damaged by the work shall be immediately repaired at the expense of the Contractor
and no additional compensation shall be made. Omission of this payment item in part
or in its entirety shall not result in any compensation.
Item No. 11 Provide ISA Certified Arborist: Work under this item shall include, but
not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree
condition for all locations identified on the WORK SCHEDULE. The Contractor's
arborist shall provide written documentation on the condition of each tree and provide
Page 13 of 19
pruning recommendations to the Contractor. Following the arborist's report, concrete
work around the trees may be modified or eliminated from the contract by the Engineer.
Item No. 12 Remove and Replace Electric Pull Box and Cover: Work under this
item shall include, but not limited to, all labor and materials relating to removing and
disposing of the existing pull box; furnishing and installing new #3'/F pull box and cover
per CNB STD -204-L or 205-L; reconnecting existing wirings; restoring adjacent areas;
and completing all other items as required to restore system operations that were
damaged by the work. Work under this item shall include coordination with Telephone
Company including requesting new boxes from Telephone company when required and
repairing concrete around telecom pull boxes. Location of pull box and cover removals
and construction shall be directed by the Engineer during construction.
Item No. 13 Remove and Replace Water Meter Box and Cover: Work under this
item shall include, but not limited to, all labor and materials relating to removing and
replacing with new water meter boxes, frames and covers to grade per CNB STD -502-L
or STD -503-L, match the finish surface and all other work items as required to complete
the work in place.
Item No. 14 Remove and Replace Sewer Cleanout Box and Cover: Work under this
item shall include, but not limited to, all labor and materials relating to removing and
replacing sewer cleanout with new triangular cast iron frames, box and covers to grade
per CNB STD -511-L, and all other work items as required to complete the work in
place.
Item No. 15 Restore Public and Private Improvements: Work under this item shall
include, but not limited to, all labor and materials relating to making in-kind repairs to
public and private improvements impacted by the work, such as traffic signs, irrigation
systems, sprinkler heads, bricks, pavers, plants, shrubs, decorative stones, walls,
walks, fences, mailboxes, sod, seeding, synthetic turf, including replacing synthetic turf,
modifying synthetic turf base, joining synthetic turf panels and other private
improvements to preconstruction conditions or better to the satisfaction of the Engineer,
and all other work items as required to complete the work in place.
9-3.2 Partial and Final Payment.
Delete the third paragraph and replace with the following: From each progress
estimate, five (5) percent will be retained by the Agency, and the remainder less the
amount of all previous payments will be paid.
Add to this section: Partial payments for mobilization and traffic control shall be
made in accordance with Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS
Page 14 of 19
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Add to this section: unless otherwise indicated, Portland Cement concrete for
construction shall be Class 560-C-3250 and concrete for Commercial Driveways shall
be 660 -CW -4000
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A
615 with 3 -inch minimum cover unless shown otherwise on the plans.
Add the following Section:
SECTION 215 --- TRAFFIC SIGNS
Sign shall be standard size per the California MUTCD unless otherwise shown.
Retroreflective sheeting shall be, Type 4 or greater. Sign shall be made of aluminum
(08 inch thickness).
New Sign Posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge
2 1/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless
steel. Unless otherwise specified, mounting hardware shall be 5/16"-18.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Add to this Section: Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at:
http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised
Haulers List.
Page 15 of 19
300-1.3.1 General
Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the
Standard Specifications for Public Works Construction except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. The Contractor shall
dispose of all excess or waste material and shall include all fees for such disposal in the
appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words 1-Y2 inch" of the last sentence
with the words "two (2) inches".
Add the following Section 301.5 Solid Waste Diversion
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
Add to this section: "The contractor shall reconstruct all sidewalk, curb and gutter,
and driveways within the same week they are removed and be open for use before the
weekend or holidays. If sidewalk panel cannot be completed on time it must be filled
and compacted with temporary AC over the weekend or holiday.
Page 16 of 19
No heavy construction vehicles are allowed to drive in any park areas shown in Exhibits
2 through 4. Concrete in these areas must be pumped in. Any damage to the park
landscape, sod or irrigation shall be repaired by the contractor to preconstruction
conditions to the satisfaction of the Engineer.
Location of sidewalk removals and construction shall be done per the work schedule
directed by the Engineer during construction. Contractor shall complete all private
improvement repairs within five (5) calendar days of City notification. Omission of any
part of sidewalk, curb and gutter and driveway bid items in part or in its entirety shall not
result in any compensation.
303-5.1.3 Driveway Entrances
Add to this section: "The contractor shall keep new concrete driveways closed for three
(3) days to allow concrete to cure. The contractor shall notify property owners of
planned shutdown dates and times and supply trench plates that goes over the
concrete without damaging the concrete during curing time. The Contractor is
responsible for any damage that occurs from placing the trench plate.
303-5.5 Finishing
303-5.5.1 General
Add to this section: 'The Contractor shall remove all formwork, repair irrigation systems,
backfill and patch back A.C., P.C.C. and brick within 72 hours on private property in a
manner that matches the adjoining existing private property in structural section, texture
and color."
303-5.5.2 Curb
Add to this section: 'The Contractor shall install or replace curb markings that indicate
sewer lateral or water valve location on the face of the curb. The Contractor shall mark
the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for
water valve locations. "X" shall indicate the number of feet from the curb face to the
valve. A two (2) day notice to the Engineer is required for requests to the City to
determine the location of sewer laterals and water services.
The Curb and Gutter work at 2119 Balboa Blvd. on the WORK SCHEDULE will require
covering the curing concrete with plastic sheeting and cones to protect against vandalism,
and whatever means necessary to protect the concrete.
The Contractor shall repaint any red curb that is damaged or removed. The curb shall
be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry",
Product Code 181 manufactured by American Traffic Products, Inc. or approved equal.
Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889.
Page 17 of 19
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-1 General
Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and
removing tree roots that interfere with the work. The Contractor shall be responsible for
ensuring that no tree roots are pruned or cut that could compromise the stability of the
tree.
Synthetic turf locations are shown on the work schedule, work at these locations and
any others next to synthetic turf that is disturbed or damaged, repair work shall be done
by contractor crew or subcontractor that is experienced in synthetic turf installation and
repair. Artificial turf modifications shall be to the satisfaction of the Engineer and shall
meet or exceed the original synthetic turf condition.
The Contractor shall retain and follow the written recommendation of the approved ISA
Certified Arborist for the safe pruning and removing tree roots in areas specified on the
Work Schedule. The Arborist shall provide a written report with the recommendations to
both the Engineer and Contractor. No trees shall be removed unless formal written
approval is provided by the City. Prior to tree removal, the Contractor and Arborist shall
arrange to meet with the City's Urban Forester, Mr. Kevin Pekar at (949) 644-3197 at the
site to discuss City standards and requirements.
The contract arborist shall be listed on the Designation of Subcontractor(s) form.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool. Tearing of roots will not be acceptable.
c. A root pruning sample at one selected site will be conducted and reviewed for
approval by the City's Urban Forester.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible or as noted by
the Urban Forester on the submittal.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
Page 18 of 19
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.).
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. If there is a serious question about the stability of a tree such a large
diameter roots must be removed, the Contractor shall notify the Engineer for
approval.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
f. For trees recommended for removal, the Contractor shall notify the Engineer
who will process the tree removal request with the General Services
Department.
Add the following Section:
SECTION 313 --- TRAFFIC SIGN INSTALLATION
Any traffic signs that are in sidewalk or access ramp areas scheduled for replacement
shall be replaced and/or reinstalled with new Unistrut base and sign at a clear height of
seven feet at minimum. Unistrut base shall be installed at a depth of 18 inches in
concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign.
Anti -seize lubricant shall be applied to hardware/fasteners prior to installation.
PART 4
SECTION 400 -ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND
CEMENT CONCRETE AND UNTREATED BASE MATERIAL
400-2 UNTREATED BASE MATERIALS
400-2.1 General
Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous
base, or approved equal, as the base materials."
Page 19 of 19
NOTE:
1. 7 INCH THICK CONCRETE ON 90% COMPACTED NATIVE MATERIAL
2. SAW CUT JOINTS 2 INCH DEEP MIN
3. JOINTS MUST BE SPACED 12 FEET MAX APART
4. #4 REBAR -18 INCH O.0 EACH WAY WITH 3 INCH MIN. COVER
5. SLOPE TO DRAIN 2% TO DRIVEWAYS
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