HomeMy WebLinkAboutC-7226-2 - Peninsula Park and Bayview Park ImprovementsAugust 14, 2019
S&H Civilworks
Attn: Jess Sotto
1801 Hilltop Drive
Colton, CA 92324
Subject: Peninsula Park Improvements C-7226-2
Dear Mr. Soto:
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039rax
newportbeachca.gov
On August 14, 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
August 15, 2018 Reference No. 2018000298573. The Surety for the contract is U.S.
Specialty Insurance Company the bond number is 1001084911. Enclosed is the
Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1001084911
FAITHFUL PERFORMANCE BOND
Premium is for contract term and is
subject to adjustment based on
final contract price
The premium charges on this Bond is $ 4,213.00 _, being at the
rate of $ , 1a nn thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to S&H
Civilworks hereinafter designated as the "Principal," a contract for: Removal of existing
walkways and block walls; construction of new walkways; construction of seat walls;
minor relocations of utilities; pavement overlay of existing asphalt concrete ("AC")
pathway; removal and reconstruction of existing restroom stairway and railings; and minor
grading and irrigation restoration in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and U.S. Specialty Insurance Company
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Thirty Four Thousand Sixty Dollars ($234,060.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the Contract,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null arid
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
S&H Civilworks Page B-1
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 16th day of April 20 18.
AS&H Civilworks
e of Contractor (Principal)
U S Specialty Insurance Company
Name of Surety
725 The City Drive Suite 205
Orange, CA 92868
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEYjS OFFICE
Date:
By ---
Aaron C. Harp
City Attorney
A thorized SignaturefTitle
Authorized Agent Signature
Laurie B. Druck, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
S&H Civilworks Page B-2
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On May 8, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Jess Sotto who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
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.
r
(Signature)
G 1RPAL BAWA
COMM. #2225859 „
NOTARY PUBLIC - CAIIFONNIA
SAN OERNARDINO'T"
My COMM. DOM$ Jan. t5, 2022
(seal)
CALIFORNIA ALL-PURPOSE ACK' IWLEDGEMENT
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 `
SS.
County of San Bernardino /)
On April 16, 2018 before me, Cynthia J. Young, Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Laurie B. Druck
CYNTFIIA J. YOUNG �4C
Notary Public California
z San Bernardino County ?
1Commission # 2157044
YY COm�m Ex Ices Ju115, 2020
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITNE S my hand and official seal.
Sig r re of.l' o ry Public �F
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Individual
O Corporate Officer
Title
O Partner -- O Limited D General
O Attorney -in -Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
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 verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
S& CCivilworks Page B-3
POWPR OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make,
constitute and appoint:
Jay P. Freeman, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to ino ude riders, amendments, and consents of surety, providing the bond
penalty does not exceed __ *****Thrkee Million***** Dollars ($ **3,000,000.00** ).
This Power of Attorney shall expire without further action on November 3, 2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and oft behalf of the Company subject to the following
provisions:
Attomey-in-Fact may be given full power and authority for and in the time of and on behalf of Elie Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or indemnity and other conditional or obligatory dndotteklngs, including any and all consents for are release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Resolver, that the signature of any authorized pfficcr and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile, andanypower of attorney or cerdfieato bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1st day of November, 2016.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
`*4pNtPPCroR9 N.y o`1E53URET =,ol" G"
HeINI"
$ w r= By:'k : f:►�.�.G yam.
y' ,T '`',' �s Daniel PAgUilaM, Vice Pre --
Daniel
1[�FORN`PaCa * :i�9,'OF 1E•pA011
un, nn, „ yn nn
A notary public or other officer complengg this certiftp d6ve@ ,S only the identity of the individual whosignedthe
document to which this certificate is attao 4 an(l, n4vC Ora 4'p*'ttlj gss, accuracy, or validity of that document.
State of Califnmia '
County of Los Angeles SS:
On this 1 at day of November, 2016, before me, Sabina Morgenstern, a notary public, personally appeared Daniel P. Aguilar, Vice President of American
Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Spec!& . Insurance Company who proved to me on
the basis of satisfactory evidence to be the person whose. name is subscribed to the wit* tpstthmpfitt anp4AoM�'Z.wledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the cuti� tt004 t9ettatP ott',ivitidh tie person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pmagrapir is true and correct.
WITNESS my hand and official seal. SABINA MORGENSTEIN
s 6Commission K 2129250
Signature (Seal) Notary Public - California
Los Angeles County
QMY Comm,What; Nov 3. 20101
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Cotnpany,'rexas Bonding Company, United States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full
force and effect.
In Witness,Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California tins ;(117A day
744
Corporate Seals R„,,a:,: s,„R, ,N, , R1,e,,,,,,,
ot pero
9U OINp' e
O. =A �'n�0i„
a`�0 c0"..
Bond No. 1
dJ Gm4: SNP O_
`f ( " I - "`$” t r; Kin Lo Assistant Secretary
�Jtr, 1 6 e w
Agency N0. 3501 ciiiFadHsa k T reortE+” * o
October 22, 2018
S&H Civilworks
Attn:Jess Sotto
1801 Hilltop Drive
Colton, CA 92324
Subject: Peninsula Park Improvements C-7226-2
Dear Mr. Sotto:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On August 14, 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
August 15, 2018, Reference No. 2018000298573. The Surety for the bond is U.S. Specialty
Insurance Company and the bond number is 1001084911. Enclosed is the Labor &
Materials Payment Bond.
Sincerely,,��qq//�
4AR
Leilani I. Brown, MMC
City Clerk
Enclosure
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO.
Premium include4ARRAWfor Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to S&H
Civilworks hereinafter designated as the "Principal," a contract for: Removal of existing
walkways and block walls; construction of new walkways; construction of seat walls;
minor relocations of utilities; pavement overlay of existing asphalt concrete ("AC")
pathway; removal and reconstruction of existing restroom stairway and railings; and minor
grading and irrigation restoration in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, U.S. Specialty Insurance
Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Thirty Four Thousand Sixty Dollars ($234,060.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
S&H Civilworks Page A-1
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 16th day of April , 20 18 .
S&H Civilworks
Name of Contractor (Principal)
U.S. Specialty Insurance Company
Name of Surety
725 The City Drive South Suite 205
Orange, CA 92868
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 561
By:�
Aaron C. Harp
City Attorney
Au arized Signature/Title
a"B,owju
Authorized Agent Signature
Laurie B. Druck, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
S&H Civilworks Page A-2
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On May 8, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Jess Sotto who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
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)
GURPAL BAWA
COMM. #2225859
NOTARYPUBUC- CALNORNIA m
SAN BERNARDINO COUNTY
MY Comm. Expires Jan. 15, 2022
(seal)
CALIFORNIA ALL-PURPOSE ACK' IWLEDGEMENT
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 `
SS.
County of San Bernardino /)
On April 16. 2018 before me, Cynthia J Young, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Laurie B. Druck
Name(s) of Signer(s)
CYNTHIAJ. YOUNG
Ndtlry Public CaliforMa
Sen Bernardino County =
= Commlaeion # 2157044 -
My Comm. Ex Ires Jul 15, 2020
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WIT��S my hand and official seal.
0
i natur of otary Pu
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
S&H Civilworks Page A-3
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPS h` llM COMPANY
UNITED STATES SURETY COMPANY U.S.SI't;.(tMIWRAOMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland
corporation and Li Specialty Insurance Compal a Texas corporation (collectively, the "Companies'), do by these presents make
amp ��ftpom.
-s. Jay P. Free ra aaaurie rbc, or Cynthia J. Young of San Bernardino, California -
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
l�reb co d s name, place and stead, to execute, acknowledge and delis anywad ;fonds, recognizances, undertakings
jsftwmis� or contracts. of suretyship to ,include riders, affimWift ag ents of surety, providing the bond
itrexeeed *****Three Million*'� = Dollars
TM Power of Attorney shall expire without further action on NovemberTMIT This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, my Secretary or any Assistant Secretary shall be and is hereby vested with full
RWyd authoeit gaP oint any one or more suitable persons as mey(s)-in-Fact to represent and act for and on behalf of the Companisuht foil g
n .lF im rrc iu brr
on full power rl eQixre of and on behalf of the Company; to execute, acknowledged dd v _ n
tr�nceii contacts, agreements or in Wil 8TH&cars 'tional or obligatory undertakings, including any and all consent �leaffW T—Mined
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it ReroJve"at#F signature of any authorized officer end se of the Company heretofore or hereafter-fixed=t any power of attorney or any certificate relating
t+ _ any power of attomey or certificatg bed g catian e signature or faeshMWI&I slilf0vaWarl binding upon the C9m_pany wnl respect to any
al� it is attached.
WITNESS WHEREOF, The Companies have caused this instrument OWgned and their corporate seals to be hereto affixed, this
1 at day of November, 2016.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
;G -Br b7ate _ems - UNITED STATESSU—COWANY U.S. SPECIALTYINSURANCE COMPANY
M- -ren�o"c -
z o �'�zy E} a- By
{ l _ r s Daniel P. Aguilar, Vice Presi� t e� nt
e,
Oxe94f00.N1Pac• ....*....,gTEOF' • ....*..
otility pulftorft officer completing this. certificate verifies only the identity of_hedndi tuned the _ - --
mimm w lir to ertificate is attached, and not the truthfulness, accuracy, rrifflMiMbAffit IlKifliffiL - - -
=nty oof Los Angeles SS
On this Ist day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American
Contractors Indenim!y, Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on
Site basis 400– sfac _ evidence to be the rMVnmho a i bscribed to the within instrument and acknowledged to me that he_cxemted maw
Aiaa&rrzed q�d that by his sigma—(" strm —person, or the entity upon behalf of which the person acted, eta r m r= __
�1= ertrfy under PELAM- OF PERJTJRY h�wrufThcSmte of California that th@-foregoing paragraph is true and correct
WITNESS my hand and official seat.
SABINA MORGENSTEIN
Commission K 2129250
Signature (Seal) il; Notary Publr�- California
-An bounty _ _
mgtlttow- low 3.2016 -
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full
force and effect
esfiVVl -tr I,have ere t t Ian a a���l the seals of said Companies at Los Angeles, Calif
.Corporate Seals ,00�inacioas!.aot¢s�sU!?Fr :..oNpiNoe..,
e; Sim Y n c l
Ari&No r, a Mo Lo, Assistant Secretary
Batch 3703249 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 4
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIIIIIIIIIIIIIII 11I111IIIIIIII111I1111IIIIIIIIIIIIIIIIIIIIII1111I1I1111 NO FEE
i 8 R 0 0 1 0 2 8 7 0 5 8 8 k
2018000298573 2:32 pm 08115/18
47 NC -5 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 S&H Civilworks, Cotton, California, as
Contractor, entered into a Contract on March 27, 2018. Said Contract set forth certain
improvements, as follows:
Peninsula Park Improvements - C-7226-2
Work on said Contract was completed, and was found to be acceptable on
August 14. 2018, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is U.S. Specialty Insurance Company.
BY /
Public Wori 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. n
Executed on Tf RL at Newport Beach, California.
BY
https://gs.secure-recording.com/Batch/Confirmation/3703249 08/15/2018
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 S&H Civilworks, Colton, California, as
Contractor, entered into a Contract on March 27, 2018. Said Contract set forth certain
improvements, as follows:
Peninsula Park Improvements - C-7226-2
Work on said Contract was completed, and was found to be acceptable on
August 14, 2018, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is _U.S. Specialty Insurance Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on� I J� //yat Newport Beach, California.
M
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 11:00 AM on the 7TH day of March, 2018,
at which time such bids shall be opened and read for
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
$400,000
Engineer's Estimate
Approve d by
Mark Vuko evic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classification(s) required for this project: "A"
For further information, call Patrick Arciniega, Project Manager at (949) 644-3347
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
http: //newportbeachca.gov/g overn ment/open-transpa rent/on I ine-services/bids-rrps-
vendor-registration
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
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
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
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; Contractorshall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be
signed)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2"d 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
provide the written statement and the City Council does not meet within the prescribed time
9
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 revi
100R(O�o C A9& �A" U_
Contractor's License No. & Classification Autho ed Signature/Title
10600 3qy 69
DIR Reference Number & Expiration Date
SYN CIVIL.WvIjA:�,S
Bidder
3-Cp -IS
Date
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
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
NewportBeach if the bid proposal of the undersigned Principal for the construction of PENINSULA
PARK AND BAYVIEW PARK IMPROVEMENTS, Contract No. 7226-2 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 6th day of March , 2018.
S&H Civilworks
Name of Contractor (Principal)
U.S. Specialty Insurance Company
Name of Surety
625 The City Drive South Suite 205
Orange, CA 92868
Address of Surety
714-740-7000
Telephone
thorized Signature/Title
Authorized Agent Signature
Cynthia Jean Russell, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
t:]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On March 6, 2018
) SS.
before
Name and Title of Officer (e.g.,
personally appeared Cynthia Jean Russell
Names) of Signer(s)
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's
O Individual
O Corporate Officer
O Partner -- O Limited O General
O Attorney -in -Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
LAURIE B. DRUCK
acted, executed the instrument.
' Notary Public - California f
Z i San Bernardino Count z
z .. Y
I certify under PENALTY OF PERJURY under the laws of
M Commission # 2156651 >
y Comm. Expires dul 14, 2020
the State of California that the foregoing paragraph is
=ate
true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's
O Individual
O Corporate Officer
O Partner -- O Limited O General
O Attorney -in -Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American; Contractors Indemnity Company, a California corporation, Texas-
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make,
constitute and appoint:
Jay P. Freeman, Laurie B. Druck, Cynthia J. Young, Cynthia Jean Russell or
- Christina Mountz of San Bernardino, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond
penalty does not exceed *****Three Million***** Dollars ($
7Fhis Power of Attorney shall expire without further action on Novembers 2ITTris Power of Attorney is granted under and bm
authority of the following resolutions adopted by Boards of Directors of theMc hies:
Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Artw'ney-in-Fact may be given full power and author for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds,
recognizances, contracts, agreements or3ndemmty mda other conditional or obligatory undertakings, including any and all consents for the release of retained — _-
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability-
thereunder,
iabilitythereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected
by the Corporate Secretary. --- - - - —, - - - '
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or bereatler affixed to any power of attorney or any certificate relating
thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any
bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be sighed grid their corporate seals to be hereto affixed, thtgm
1 st day of November, 2016.
- AMERICAN CONTRACTORS INDEMNITYCOMPANY TEXAS BONDING COMPANY
Corporate SealsUNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY
`tppWORJ 059URF '01 C.p„ {�
od hem hP4 T c _ y o" P:\
y —
Daniel P.
Vice President
nr ml inn mon
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 Los Angeles SS — -
On this I st day of November, 2016, before me, Sabina Morgenstein, a notary public, persmili y appeared Daniel P. Aguilar, Vice President of American
Contractors indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true aftdcamtAa
WITNESS my hand and official seal. -
SABINA MORGERMil-
Commission X 2129258
Signature (Seal) ��_ 1, Notary Public - California
Los Angeles County
My Comm. Expires Noy 3.2010
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.
- Specialty Insurance Company, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full
force and effect.
In Witness Whe
- OfA` f it
Corporate Seals
I have
Bond No. P10 ®On()
Agency No. 3501
o set my hand and affixed the seals of said Companies at Los Angeles, California this fp r t day
ry*r 1�a aU60", epNOiNC CD t, s -
o
Mfr:
Kin Lo, Assistant Sec: etary
,e41 iF00.N\P�pt`• rr�nn °9TEOF TE*po••c .Homo,
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE N4 07984
SAN FRANCISCO
Amended
Certificate of Authority
TFDS IS TO CERTMY THAT, Pursuant to the Insurance Code of the State of California,
U.S. Specialty Insurance Company
Of Houston, Texas , organized under the
laws of Texas , subject to its Articles oflncorporation or
otherfundamenral organizational documents, is hereby authorized to transact within the Stare, subject io
all provisions of this Cen�ffcate, the following classes of insurance:
Fire, Marine, Surety, Disability, Liability,
Workers' Compensation,Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance lows of the State of California,
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in
fail compliance with all, and nor in violation ofony, of the applicable laws and lawful requirements made
under authority of the laws of the Stare of California as long as such laws or requirements are in effect
and applicable, and as such laws and riquirementsnow are, or may hemefter be changed or amended.
IN WITNESS WHEREOF, effective as of the 29th
day of December 2004 , 1 have hereunto
set my hand and caused my official seat to be affixed this
29th day of December 2004
Ey
amendi
' for Ida Zodrow Dept
NOTICE:
Deput
QuOrteadon with the Scmetasy of Smtemustbe ottompli5hcd nt requited by the ode d
after iauum mfthia Certificate of Authority, Failure to do so will be a violation oFlnnum,ce Code 3edion 101 uid dy
ground, for revoking Nu CeNftcate of Authority pursuem to the convenemts made in the application therefor and the
ho
wnditiana eonUined herein.
rowcae
City of Newoort Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following subcontractors have been
used in formulating the bid for the project and that these subcontractors will be used subject to the approval of
the Engineer and in accordance with State law. No changes may be made in these subcontractors except with
prior approval of the City of Newport Beach. (Use additional sheets if needed.)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:
Address:
Phone: !
frt��i�
'
l
I
State License Number:
DIR Reference:
Email Address:
Name:
Address:
Phone:
State License Number:
DIR Reference:
Email Address:
Name:
Address:
Phone:
Stale License Number:
DIR Reference:
Email Address
Sid CIVI -1 0ateS
Bidder Autho d Signature/Title
0
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formM Please print or type.
Bidder's Name J ti (V II-fJOR)6
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 $120,000, provide the following information:
No.1 n
Project Name/Number -Tlahc v0flrisr
Project Description faflt A1,A 06-
Approximate Construction Dates: From _ C�IaQ1gTo: nN L7O/N 67
Agency Name
Contact Person 7u/0 DAlft'%l Telephone (10)f e d le—
I
Original Contract Amount $ /. VM Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
10
No. 2
Project Name/Number
Project Description V IA) Mh Lti�+Mme- 4 CaP.1 RI EE
Approximate Construction Dates: From i ( ao I To:
Agency Name 61 TY De 1`� � �a
Contact Person C"4 kw IliLpTelephone ( 'YM)
✓l� �� 0�
ag5,Uoa
Original Contract Amount $ Final Contract Amount $ ci $(P , 6P2 -
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.
pot -:9'
No. 3 /1
Project Name/Number C li' I ci6fle�s 00MLk ro, LO
Description Ar -D h594JALT
Approximate Construction Dates: From 10
0'_0 I To: 11 21 1
Agency Namel
�Ctl`� IiG LA R):?- �
Contact Person m-0 U rvDTelephone) a/S-15y a
Original Contract Amount $Final Contract Amount $ VQ , d halo
If final amount is different from original, please explain (change orders, extra work, etc.)
4W11 W OF QAa 6Y q*5 04111
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�o
Project Name/Number
Project Description �:;Wg(, VS� 1 M yid Ji, rWV W
Approximate Construction Dates: From 7 To:
Agency Name 60uoiloi �Rf1ULS1ZS1QS
Contact Person —Wrt- Telephone (9s -515 (cz�
n' �L
Original Contract Amount $ �f_ Final Contract Amount $ '7D:j 51
If final amount is different from original, please explain (change orders, extra work, etc.)
T.,
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 "A� X S l �c�4t2 X � 12
Project
Approximate Construction Dates: From 6 0 To: j
Agency Name
Contact Person 6a1 o A% Telephone ( 4 (Pq - 33l a
Original Contract Amount $Final Contract Amount $ Co9, b 38
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
T
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 current financial
conditions.
Bidder A zed Signature itle
13
S&H CIVILWORKS
COMPLETED PROJECT REFERENCES FOR YEAR 2016-2018
Project Owner
Proiect
Scope of Work
Contact
Contract
Completion
Amount
Date
City of Yucaipa
m
13 Street Final
Grading, Demo,
Driveway, Curb,
Chuck Collette —
February
Yucaipa
Concrete
Gutter and
Construction
$45,810
2016
B
Blvd, Yucaipa, CA
Blvd
Sidewalk
Manager/Inspector
92399
(909) 841-0336
City of Duarte
Bus Pad
Demo, bus pads,
Rafael Casillas PE -
February
1600 E HuntingtonConstruction
at
Curb, Gutter and
Engineering
$18,336
2016
Dr, Duarte, CA
Huntington
Asphalt
Manager
91010
Drive
(626) 357-7931
City of Palm
2016 Curb
ADA ramps,
Mike Brown —
Desert
Ramps
Curb, Gutter,
Public Works
$99,350
May 2016
73510 Fred Waring
Modification
Cross gutter and
Inspector
Dr, Palm Desert,
Project
Asphalt
(760) 396-6826
CA 92260
City of Jurupa
ADA ramps,
Chase Keys —
Valley
2015-16
Curb, Gutter,
Project Manager
$104,000
June 2016
8930 Limonite
Pedestrian
Cross gutter and
(951) 332-6464
Avenue, Jurupa
Access Project
Asphalt
x235
Valley, CA 92509
City of Arcadia
Grading, Demo,
11800 Goldring
2015/2016
Curb, Gutter,
Jan Balana y
$58,570
Road, Arcadia, CA
Annual Concrete
Sidewalk, Cross
Project Manager
July 2016
Repair
gutter and
(626)256-6582
Asphalt
City of South Gate
Citywide
Grading, Demo,
Curb Gutter,
Leticia Ortiz —
8650 California
Sidewalk
,
Sidewalk, Cross
Project Manager
$272,600
September
Ave, South Gate,
Improvement —
gutter and
Contact Number:
2016
CA 90280
Phase III
Asphalt
(323)563-9576
City of Dinuba
ADA
Demo, Curb,
Joe Aguirre —
September
1088 Kamm Ave.
Improvements
Gutter, ADA and
Project Manager
$132,014
16
20m
Dinuba, CA 93618
Project
Sidewalk
(559) 591-5906
City of Hesperia
Grading, Demo,
David Burkett —
9700 Seventh Ave,
ADA
Curb, Gutter,
Project
Hesperia, CA
Improvements
Sidewalk, Cross
Construction
$522,500
October 2016
92345
Year 1&2
gutter and
Manager
Asphalt
(760) 947-1202
City of Lompoc
ATP Cycle 1
Grading, Demo,
Curb, Gutter,
Craig Dierling, PE —
100 Civic Center
Sidewalk and
Sidewalk, Cross
Project Manager
$389 292
January 2017
Plaza Lompoc, CA
Curb Ramp
gutter and
guAsptter
(805) 875-8224
93436
Project
County of
Grand Avenue
Road widening
Riverside
Sidewalk
Grading, Curb,
Trai Nguyen —
2950 Washington
Improvement
Gutter,
Principal Inspector
$185,240.30
January 2017
St, Riverside, CA
Project
Sidewalk, and
(951) 961-5363
92504
Asphalt
Proiect Owner
Project
Scone of Work
Contact
Contract
Completion
Amount
Date
City of
Street
Grading, Demo,
Bakersfield 900
Improvement
Curb, Gutter,
Mike De la Cruz —
Truxtun Ave,
Brundage Lane
Sidewalk, Cross
Construction
$508,623
March 2017
Bakersfiled, CA
and West Union
gutter and
Inspector
93301
Project
Asphalt
(661) 304-2950
Curb, Cross
City of Santa
Gutter,
Barbara
La Cum bre
Sidewalk, storm
Ken Young —
630 Garden Street,
Sidewalk
drainage,
Project Manager
$360,995
July 2017
Santa Barbara CA
Infill Project
retaining wall,
(805) 560-7568
ADA, Ramps &
Asphalt
City of Newport
Concrete and
Demo, Curb,
100 Civic Center
Pavement
Gutter,
Ben Davis —
Drive, Newport
Replacement
Sidewalk, ADA
Project Manager
$809,638
August 2017
Beach, CA 92660
Project
Ramps, Cross
(949) 644-3317
utter & Asphalt
County of
Troth Street
Road widening
Riverside
Sidewalk
Grading, Curb,
Trai Nguyen —
2950 Washington
Improvement
Gutter,
Principal Inspector
$738,960
Sept 2017
St, Riverside, CA
Project
Sidewalk, and
(951) 961-5363
92504
Asphalt
City of La Puente
Citywide
Grading, Curb,
Gregory W.
$280,066
November
15900 East Main
Concrete Repair
Gutter,
Lindsay— Deputy
2017
Street, La Puente
FY 2016-17
Sidewalk, and
City Engineer
CA 91744
Project
Asphalt
626 855-1540
City of Walnut
Walnut Ranch
Grading, Curb,
Cody Howing —
$286,972
December
21201 La Puente
Park ADA
Gutter, Sidewalk
Project Manager
2017
Rd, Walnut, CA
Access
and Retaining
(909) 594-9702
91789
Improvements &
wall
Citywide Repair
OMINITrans
ATP safe Route
Demo, sidewalk,
Thomas Dahlin
$2.OM
On-going
1700 West Fifth
to Transit
ADA Ramps &
Capital project
Street
Project
Asphalt
Manager/Inspector
San Bernardino,
(951) 358-9322
CA 92411
CitV of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
NON -COLLUSION AFFIDAVIT
State of California
CountyofsGtN &Vi1llI�dlY o
—�J P s�TSL , being (Irst duly sworn, deposes and says that he or she is
EI'r S e N of J l V1 LWORIGS the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of theIk as I� ghat the foregoing is true and correct.
I Owl
Bidder uthorized SignaturelTitle
Subscribed and sworn to (or affirmed) before me on thisb day of V r -06lk 2018
by SF_ S S co %!o — proved to me on the basis of
satisfactory evidence to be the persorjo who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
[SEAL] GURPAL BAWA
COMM. #2225859 „
NOTARYPUBUC- CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires Jan. 15, 2022
14
Notary Public
My Commission Expires: �/f Z° a 2-
W. 40
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name—:S',& 4 G lw wj cf, l'S
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
Z
Total dollar
Amount of
f214
44M
Contracts (in
Thousands of $
No. of fatalities
No. of lost
Workday Cases
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 S L O G�VII k10�1� S
Business Address: U1 i-j1LCrZ)12 .IVL CZA, ,&C27524
Business Tel. No.: 051
State Contractor's License No. and
Classification: ) og(v q C)
Title e&7-5 jQI,M-
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
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On March 6, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Jess Sotto who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature)
GURPAL BAWA
COMM, #2225859 a
v^wi '~ii6.c.• NOTARY PIIBIJC• WIFORNIA Yil
rc }_ SAN BERNARDINO COUNTY
My Comm. Expires Jan. 15.20n
(seal)
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name S k H GIVE( wt)R-S
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
In
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: S S. LL e iV 1ut)0Afs
Business Address: I Slj)! t�IULT-aP OR C4,rW CA -12321J
Telephone and Fax Number: ('9a9) P-Dtv 1/ 91 00-t)Z%9k96 Z 1'
California State Contractor's License No. and Class: .16646&&0
(REQUIRED AT TIME OF AWARD)
Original Date Issued: U 15 Expiration Date: I(.Z30/2-o1 ci
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title Address Telephone
. Agme SD—flo x sided I$D( W(ipp Qv got tu^ I4 ) 95.541Ur('
�o�e l�evn Alla Sc,�ut� bai'T14 LVtVarl.� (gs1)416'Iss7
Corporation organized under the laws of the State of C AY -4 toQNi 6.-
1H
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
N/A
Briefly summarize the parties' claims and defenses;
04
Have you ever had a contract terminated by the owner/agency? If so, explain.
N 16
Have you ever failed to complete a07ct? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor compliance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes / No
20
Are any claims or actions unresolved or outstanding? Yes / No
If yes to any of the above, explain. (Attach additional sheets, if necessary)
N Of
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
JL --5_g San
(Print name of Owner or President
of �orporationlCompany)
Bidder A thorized Signature/Title
3 b -I8
Date
On MAk (H /. 2 v / a before me, A (IAPAAl 13A wA , Notary Public, personally appeared
j E t S fo 7 V , who proved to me on the basis of
satisfactory evidence to be the person(a) whose name(t) is/are subscribed to the within instrument and
acknowledged to me that helshe><tPiey executed the same in his/he4l4ieir authorized capacity(ies), and that
by his/h94#*ir-signature(a) 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.
GURPAL BAWA
X,741 ZZ4�2� COMM. #2225859 a
(SEAL) .A« NOTARYPUBLIC- CALIFORNIA Fn
No ary Pull c in an or said State SAN BERNARDINO COUNTY
My Comm. EXPlres Jan. 15, 2022
My Commission Expires: n-A/� Z Io C Z
21
Y.r uv. i, :Liiei..ljk: nd
,,
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
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
PENINSULA PARK IMPROVEMENTS
CONTRACT NO. 7226-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day
of March, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and S&H Civilworks, a California
corporation ("Contractor"), whose address is 1801 Hilltop Drive, Colton, CA 92324, and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: Removal of
existing walkways and block walls; construction of new walkways; construction of
seat walls; minor relocations of utilities; pavement overlay of existing asphalt
concrete ("AC") pathway; removal and reconstruction of existing restroom stairway
and railings; and minor grading and irrigation restoration (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. 7226-2, 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 Two Hundred Thirty Four Thousand Sixty Dollars
($234,060.00).
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 Jess Sotto to be its Project Manager.
Contractor shall not remove or reassign the Project Manager without the prior written
consent of City. City's approval shall not be unreasonably withheld.
S. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
S&H Civilworks Page 2
payment. The Contractor and City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, Contractor shall be
required to file any claim Contractor may have against City in strict conformance with the
Government Claims Act (Government Code 900 et seq.).
6.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined
in Public Contract Code section 9204 or any successor statute thereto, Contractor shall
be required to file such claim with the City in strict conformance with the Government
Claims Act (Government Code sections 900 et seq.).
7. WRITTEN NOTICE
7.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Contract shall be given in writing, and
conclusively shall be deemed served when delivered personally, or on the third business
day after the deposit thereof in the United States mail, postage prepaid, first-class mail,
addressed as hereinafter provided.
7.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: 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: Jess Sotto
S&H Civilworks
1801 Hilltop Drive
Colton, CA 92324
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
S&H Civilworks Page 3
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.
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
S&H Civilworks Page 4
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.
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers and all persons and entities owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services shall not be responsible in
any manner for any loss or damage to any of the materials or other things used or
S&H Civilworks Page 5
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
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
S&H Civilworks Page 6
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Contract, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
18.2 If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
S&H Civilworks Page 7
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.
20.9 Equal Opportunitv 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.
S&H Civilworks Page 8
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
S&H Civilworks Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed on the day and year first written above.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 11/0z/�(
By:
Aaron C. Harp al o
City Attorney
ATTEST: 5151"
Date: ,
By: p I
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Byfarkshal
l"D y" Duffield
Mayor
CONTRACTOR: S&H Civilworks, a
California corporation
Date:
Signed in Counterpart
By:
Jess Sotto
President
Date:
By: Signed in Counterpart
Jose Hermosillo
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
S&H Civilworks 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 ATTORNEY'S OFFICE
Date:
Aaron
City Attorney
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: S&H Civilworks, a
California corporation
Date: 4. it—IV,
By: r
JessMotto
President
Date: q1((I I S
By:
Jose Hermosillo
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Labor and Materials Payment Bond
Exhibit B — Faithful Performance Bond
Exhibit C — Insurance Requirements
S&H Civilworks Page 10
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO.
Premium incl. e m for Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to S&H
Civilworks hereinafter designated as the "Principal," a contract for: Removal of existing
walkways and block walls; construction of new walkways; construction of seat walls;
minor relocations of utilities; pavement overlay of existing asphalt concrete ("AC")
pathway; removal and reconstruction of existing restroom stairway and railings; and minor
grading and irrigation restoration in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and, U.S. Specialty Insurance
Company duly authorized to
transact business under the laws of the State of California, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Thirty Four Thousand Sixty Dollars ($234,060.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; for which payment well and
truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
S&H Civilworks Page A-1
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 16th day of April 2018 .
S&H Civilworks
Name of Contractor (Principal)
U.S. Specialty Insurance Company
Name of Surety
725 The City Drive South Suite 205
Orange, CA 92868
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Vlgl
By:�
Aaron C. Harp
City Attorney
Aurrlizedgnaturef-F
Adwd, R, oNXCA
Authorized Agent Signature
Laurie B. Druck, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
S&H Civilworks Page A-2
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On May 8, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Jess Sotto who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
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)
COMM #2225859
NOTARY PUBLIC •CAUFORNIA fi
SAN BERNARDINO COUNTY
My Comm. Expires Jan. 15. M2
(seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
SS.
County of San Bernardino
On April 16. 2018 before me, Cynthia J. Youno Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared Laurie B. Druck
Name(s) of Signer(s)
CYNTHIA J. YOUNG "�[(
Notary Public California L
San Bernardino County ?
= Commission # 2157044
My Comm. Expires Jul 15, 2020
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WITN�fS my hand and official seal.
L/ natur V
otary Pu ri
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:_
O Individual
O Corporate Officer
Title
O Partner -- O Limited O General
O Attorney -in -Fact
O Trustee
O Guardian or Conservator
Other:
Signer is Representing:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of )ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
S&H Civilworks Page A-3
POWER OF ATTORNEY -- - -=
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS IUNOMCOMPANY
UNITED STATES SURETY COMPANY U.S. SPECIALTY 1—I9SLWME COMPANY -
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland
corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make _
constitute and appoint: --- -
- `-- Jay P. Freema�tiurIeBDruck, or Cynthia J. Young of San Bernardino, California — -
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
vt
dttt�ts men�sexfieAttornefollowing resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable personsas--Opmey(s)-in-Fact to represent and act forand on behalf of the Company subject to the --foll�ng
provisions:
Attorney -in -Fact may be, given full power sauthon�ry anti e t ine of and on behalf of the Company, to execute, acknowledge and deliver, any and all�mm
recognizances, contracts, agreements or indeasm�y Q oi�con�itional or obligatory undertakings, including any and all consents for the releaseof retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be It Resolvedlhat 11te--signature of any authorized officer and seal of the Company heretofore or hereafter_ aMxQdAo any power of attorney or any certificate relating
='�.t r MINIM s andAliny power of attorney or certificate bearing facsimile signature or facsimile seal shall!r Nali�nd binding upon the Company with respect to any
OM o�Ma Aryv$h it is attached.
iIdMMESS WHEREOF, The Companies have caused this instrument to�srgned and their corporate seals to be hereto affixed, this
1st day of November, 2016.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals = _ UNITED STATES SUR— -COMPANY U.S. SPECIALTY INSURANCE COMPANY _
oPtPPcrOkY�., SES SURpT eNeiNCC , c —_
%. v .....i, Wi 13 I N IE? By. t^L�'� -
9
a Darnel P 1 tee President
a
.....*1.n f •dC t
m % m
A notary publ cornt-her officer completing this certificate verifies only the identity of the -individual whp�igned the - -
document to whiob ithftertificate is attached, and not the truthfulness, accuracy, oigvalidity_of%t document.
State of CaliforniM _
County of Los Angeles SS: -
On this I at day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American
Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on
_ the basis of satisfactory-. evidence to be the pemonmhoseatame r litrbscribed to the within instrument and acknowledged to me that he executed the same in-
his authorized capacity; and that by his siamwuo"e striimotti-tperson, or the entity upon behalf of which the person acted, executed the instrument =-
- I _certify under PENALTY OF PERJURYan-fie h fawso he-Shuc of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
SABINA MORGENSTEIN
Commission N 2129255
Signature (Seal) -:- 1 Notary Public - California
Los Angeles. County
My Comm. Expires Nov 3.2016
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attonicy are in full
force and effect. I W��
In Witness Whereof, Ihave hereunto set my hand and affixed the seals of said Companies at Los Angeles
f, ahmia
fo`thi _day
of - ,-
Corporate Seals "" „
gooatPPciON,",, mo E9 SUt?,N, c•"%•oNOiNG �..,,, •mens
c P1 �, -,% , og A...... c
Bond No. " !a=
` wm , s — Kin Lo, Assistant Secretary
Agency NO. - 3501 ",,.,4oroaN•oc° "� ,,,, r. "reoiTE+"%
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 1001084911
FAITHFUL PERFORMANCE BOND
Premium is for contract term and is
subject to adjustment based on
final contract price
The premium charges on this Bond is $ 4,213.00 , being at the
rate of $ 1a nn thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to S&H
Civilworks hereinafter designated as the "Principal," a contract for: Removal of existing
walkways and block walls; construction of new walkways; construction of seat walls;
minor relocations of utilities; pavement overlay of existing asphalt concrete ("AC")
pathway; removal and reconstruction of existing restroom stairway and railings; and minor
grading and irrigation restoration in the City of Newport Beach, in strict conformity with
the Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and U.S. Specialty Insurance Company
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Thirty Four Thousand Sixty Dollars ($234,060.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount of the Contract,
to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
S&H Civilworks Page B-1
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
andSurety above named, on the 16th day of April —,20 18.
S&H Civilworks
N e of Contractor (Principal)
U.S, Specialty Insurance Company
Name of Surety
725 The City Drive Suite 205
Orange, CA 92868
Address of Surety
714-740-7000
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
A thorized Signature/Title
Authorized Agent Signature
Laurie B. Druck, Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
S&H Civilworks Page B-2
Acknowledgement
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Bernardino
On May 8, 2018, before me, Gurpal Bawa, Notary Public, personally appeared
Jess Sotto who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the
instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
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)
GURPAL BAWA
COMM.#2225859
NOTARYPUBLIC-CALIFORNIA m
SAN BERNARDINO COUNTY
My Comm. Expires Iae. l 2022
(seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California `
SS.
County of San Bernardino /)
On April 16. 2018 before me, Cynthia J Young Notary Public
Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared Laurie B. Druck
Names) of Signer(s)
CYNTHIA J. YOUNG
Public - California
San Bernardino County z
Commission # 2157044
.,..;> Y, co mx. IrIres Jul15, 2020
who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the
within instrument and acknowledged to me that she
executed the same in her authorized capacity,
and that by her signature on the instrument the
person, or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is
true and correct.
WIT =yhand official seal.
Sigtf re of o y ry Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's
❑ Individual
❑ Corporate Officer
Title
❑ Partner -- ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
S&H Civilworks Page B-3
POWER OF ATTORNEY -- _ -
AMERICAN CONTRACTORS.' INDEMNITY COMPANY TEXAS BONDING_. COMPANY =
- � UNITED STATES SURETY. COMPANY U.S. SPECIALTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas
Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland
corporation and U.S, Specialty Insurance Compan_a Texas corporation (collectively, the "Companies"), do by these presents makes,
constitute and appoint: _
Jay P. Freertfi�aurie ll Dr lc, or Cynthia J. Young of San Bernardino, California
its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority
beret red Inmos name, place and stead, to execute, acknowledge andAelivf.Ta#VW d1nonds, recognizances, undertakings
MorOther%strumefili or contracts of suretyship to include riders, ameflili a�nts of surety, providing the bond
1111M— does not'ekMd *****Three Million**�* - - Dollars
Tis Power of Attorney shall expire without further action on November 3,-2019. This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
.power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following
provisions:
Auaney-in-Fact may be given full power and authority forandmlhe A tr a of and on behalf of the Company, to execute, acknowledge Sid deliver, any and all bonds,
recognizances,-contracts, agreements or indemnity alio o�eonditional or obligatory undertakings, including any and all consents==the . release of retained
percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
Be it Reserved that the signature of any authorized officer and seal of the Company heretofore or hereafter -affixed to any power of attorney or any certificate relating
thcrc[o by 1ffi4imile, and any power of attorney or certificate bearing facsimile signature or facat�_e seal shall be valid and binding upon the Company with respect to any
bond or undmaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to F-ee--signed and their corporate seals to be hereto affixed, this
1st day of November, 2016.
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY
Corporate Seals UNITED STATES-SURErYC9OMPANY U.S. SPECIALTY INSURANCE COMPANY
t0.PGi0R9 ti: `aoE58URFTh �C`�"\nauren'9i,
By:
_ a`�•"�ICe P
.;
P\ !o'
? os,, ` .' r%s a ��- Daniel P. A ui ar, V' resident
'•,.,�C44fORMP,o`R '•.�9 ......
... 's rgTFOFtO*:N,e ,...*1.., i
-Aioi fury ptioiit r officer completing this certificate verifies only the identity of-Ihe nilividualwhMned the - li
dosumen w it�atr�tt=ertificate is attached, and pot the truthfulness, accuracy, QOMtpMt dnsument:.
beg AN
County of Los Angeles SS:
On this Iat day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American
Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywho proved to me on
the basis of satisfactory evidence to be the person whose name ie7subscribed to the within instrument and acknowledged to me that he executed.thesame in
his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed tt�e instrument.
I certify under PENALTY OF PERJURY under thelawsof the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
P57SABINA MORGENSTEIN
Cornarlssion N 2129255
Signature - (Seal)N
otary Public- California
Los Angeles County
Comm. Expires Nov 3,2011
I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.
Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full
force and effect. _ - In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California tivs l day
Of
�,
Corporate Seals 1rOoy
Bond No. I VO�O 7l � I �% <° =w�, l', r;. � r a E Kin Lo, Assistant Secretary
Agency No _ 3501_ 4l%rOftwAs�•` '"y9 v? ` grEO i6iA5
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees
to provide insurance in accordance with requirements set forth here. If Contractor
uses existing coverage to comply and that coverage does not meet these
requirements, Contractor agrees to amend, supplement or endorse the existing
coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of the
subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees, and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees, volunteers, and any person or entity owning or
otherwise in legal control of the property upon which Contractor performs
the Project and/or Services contemplated by this Contract.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
S&H Civilworks Page C-1
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees, and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees, and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees, and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
S&H Civilworks Page C-2
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
(10) regular City business days after the date on the "Notification of Award".
Insurance certificates and endorsements must be approved by City's Risk
Manager prior to commencement of performance. Current certification of
insurance shall be kept on file with City at all times during the term of this
Contract. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
B. City's Right to Revise Requirements. The City reserves the right at any time
during the term of the Contract to change the amounts and types of
insurance required by giving Contractor ninety (90) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on
City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Exhibit A are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature
is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available proceeds in excess of specified minimum limits of insurance and
coverage shall be available to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any
self-insured retentions on any portion of the insurance required herein and
further agrees that it will not allow any indemnifying party to self -insure its
S&H Civilworks Page C-3
obligations to City. If Contractor's existing coverage includes a self-insured
retention, the self-insured retention must be declared to City. City may
review options with Contractor, which may include reduction or elimination
of the self-insured retention, substitution of other coverage, or other
solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
G. City Remedies for Non Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Contract, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole
option, be deducted from amounts payable to Contractor or reimbursed by
Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
Coverage not Limited. All insurance coverage and limits provided by
Contractor and available or applicable to this Contract are intended to apply
to the full extent of the policies. Nothing contained in this Contract or any
other agreement relating to City or its operations limits the application of
such insurance coverage.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this or
any other Contract or agreement with City. Contractor shall provide proof
that policies of insurance required herein expiring during the term of this
Contract have been renewed or replaced with other policies providing at
least the same coverage. Proof that such coverage has been ordered shall
be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided
to City with five (5) calendar days of the expiration of the coverages.
S&H Civilworks Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/11/18
Dept./Contact Received From: Raymund
Date Completed: 4/25/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: S & H Civilworks
Type of contract:
Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/15/18 — 2/15/19
A.
INSURANCE COMPANY: Evanston Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XV
INSURANCE COMPANY: Employers Mutual CasualtyCompany
C.
ADMITTED Company (Must be California Admitted):
B.
Is Company admitted in California?
❑ Yes ®No
D.
LIMITS (Must be $1M or greater): What is limit provided?
$1M/$2M/$2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
Is Company admitted in California?
include): Is it included? (completed Operations status does
❑ No
D.
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
UM, $2M min for Waste Haulers): What is limits provided?
COMPLETED OPERATIONS ENDORSEMENT (completed
E
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
(What is limits provided?)
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
❑ No
G.
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
H.
HIRED AND NON -OWNED AUTO ONLY:
is not limited solely by their negligence) Does endorsement
❑ Yes
❑ No
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 2/15/18 — 2/15/19
A.
INSURANCE COMPANY: Employers Mutual CasualtyCompany
B.
AM BEST RATING (A-: VII or greater) A / XIV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes
❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
$1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
ADDITIONAL INSURED WORDING:
❑ N/A
® Yes
❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A
® Yes
❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A
❑ Yes
❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A
0 Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 2/15/18 —2/15/19
A.
INSURANCE COMPANY: Everest National Insurance Company
B.
AM BEST RATING (A-: VII or greater): A / XIV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M 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?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/25/18
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk management approval is needed due to the General Liability carrier being non -admitted 4/25/18 Risk
Management approved use of non -admitted carrier.
Approved:
Risk Management
" Subject to the terms of the contract.
Date
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
Contract No. 7226-2
PROPOSAL
(Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids.
Contractor shall sign the below acknowledgement)
To the Honorable City Council
City of Newport Beach
100 Civic Center Drive
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials except that material supplied by the City and shall perform
all work required to complete Contract No. 7226-2 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:
3 -Le- i" $ :5,114 C1 V1L4jXX5
Date
��Qq) ao(ol181 j (j0g) L8*'8a21
Bidder's Telephone and Fax Numbers
10081.0140 &L�Az"A�'
Bidder's License No(s).
and Classification(s)
Bidder's email address:
Bidder
Bidde s Authorized Signature and Title
b 0 44an)p RZ cy w 44 %3211
Bidder's Address
City of Newport Beach
Lump Sum 1
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS (C•7226-2), bidding on March 7, 2018 11:00 AM (Pacific)
Bid Results
2 Surveying Services
Bidder Details
Vendor Name S&H Civilworks
Address 1801 Hilltop Drive
$5,000.00
Colton, CA 92324
3 Remove Existing Concrete Curb
United States
Respondee Jesse Sotto
Respondee Title President
$20.00
Phone 714-855-0909 Ext.
4 Remove Existing Concrete Block Wall
Email jesse@sandhcivilworks.com
Vendor Type
License #
$50.00
CADIR
5 Remove Existing Concrete Seat Wall
Bid Detail
Bid Format Electronic
Submitted March 7, 2018 10:59:50 AM (Pacific)
$100.00
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation # 134260
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
Proposal
Proposal.pdf
Bond
Bidders Bond.pdf
Line Items
Type Item Code UOM
Qty Unit Price
BASE BID (PENINSULA PARK
1 Mobilization
File Type
General Attachment
Bid Bond
Line Total Comment
1I11112tti.ds Ir.
Page 1
Lump Sum 1
$5,000,00
$5,000.00
2 Surveying Services
Lump Sum 1
$5,000.00
$5,000.00
3 Remove Existing Concrete Curb
LF 60
$20.00
$1,200.00
4 Remove Existing Concrete Block Wall
LF 280
$50.00
$14,000.00
5 Remove Existing Concrete Seat Wall
LF 85
$100.00
$8,500.00
1I11112tti.ds Ir.
Page 1
City of Newport Beach
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS (G7226-2), bidding on March 7, 2018 11:00 AM (Pacific)
Bid Results
Type
Item Code
uOM
City
Unit Price
Lina Total Comment
6
Remove Existing Concrete Pavement
SF
4200
$2.00
$8,400.00
7
Sawcut & Remove Existing AC Pavement
SF
60
$2.00
$120.60
8
Remove Existing Concrete Bollard
EA
1
$500.00
$500.00
9
Relocate Existing Electrical Pedestal
EA
1
$500.00
$500.00
10
Relocate Existing Water Meter
EA
2
$3,500.00
$7,000.00
11
Adjust Existing Water Meter to Grade
EA
2
$500.00
$1,000.00
12
Adjust Existing Fire Ring to Grade
EA
4
$500.00
$2,000.00
13
Sawcut & Remove Existing Concrete Stairs
SF
30
$40.00
$1,200.00
14
Remove Existing Railing
LF
30
$40.00
$1,200.00
15
Construct 4" Concrete Sidewalk
SF
1400
$10.00
$14,000.00
16
Construct 4" Concrete Sidewalk with Diamond Scoring Pattern
SF
2750
$12.00
$33,000.00
17
Construct Concrete Access Ramp
EA
1
$4,500.00
$4,500.00
18
Construct Concrete Seat Wall
LF
425
$200.00
$85,000.00
19
Furnish and Place AC Overlay (Variable Thickness)
TON
110
$200.00
$22,000.00
20
Construct 8" AC Deeplift
SF
60
$20.00
$1,200.00
21
Cold Mill Existing Pavement (Variable Depth) to 2" Below Prop FS
SF
60
$4.00
$240.00
P1anatl3lds Inc.
Page 2
City of Newport Beach
Page 3
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS (C-7226-2), bidding on March 7, 2018 11:00 AM (Pacific)
Bid Results
Type
Item Code
UOM
Qty
Unit Price
Line Total Comment
22
Regrade Adjacent Turf Area and Restore Irrigation
System, as Required
Lump Sum
1
$10,000.00
$10,000.00
23
Construct Type B PCC Curb (6")
LF
60
$50.00
$3,000.00
24
Construct Concrete Stairway
CY
3
$800.00
$2,400.00
25
Furnish and Place Metal Hand Railing
LF
20
$80.00
$1,600.00
26
A"uilt Plans - Peninsula Park
Lump Sum
1
$1,500.00
$1,500.00
Subtotal
$234,060.00
ADDITIVE BID ITEM (BAYVIEW PARK)
27
Mobilization
Additive Bid Item 1
Lump Sum
1
$15,000.00
$15,000.00
28
Surveying Services
Additive Bid Item 2
Lump Sum
1
$4,000.00 -
$4,000.00
29
Clearing and Grubbing
Additive Bid Item 3
Lump Sum
1
$4,000.00
$4,000.00
30
Remove and Dispose Existing Wood Stairs and Railing
Additive Bid Item 4
Lump Sum
1
$25,000.00
$25,000.00
31
Fine Grade 8 Compact Subgrade
Additive Bid Item 5
SF
700
$10.00
$7,000.00
32
Construct 4" Concrete Sidewalk
Additive Bid Item 6
SF
80
$20.00
$1,600.00
33
Construct Concrete Stairway
Additive Bid Item 7
CY
5
$10,000.00
$50,000.00
34
Furnish and Place Metal Hand Railing
Additive Bid Item 8
LF
70
$200.00
$14,000.00
35
Plant Groundcover and Shrubs to Match Adjacent Plant Materials
Additive Bid Item 9
Lump Sum
1
$20,000.00
$20,000.00
36
As -Built Drawings - Bayview Park
Additive Bid Item 10
Lump Sum
1
$1,500.00
$1,500.00
Subtotal
$142,100.00
Total
$376,160.00
Planv'triitla. Inc.
City of Newport Beach Page 4
PENINSULA PARK AND BAVVIEW PARK IMPROVEMENTS (C-7226-2), bidding on March 7, 2018 11:00 AM (Pacific) Printed 03/29/2018
Bid Results
Subcontractors
Name & Address Description License Num CADIR Amount Type
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
CONTRACT NO. 7226-2
PART 1 - GENERAL PROVISIONS
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SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS
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1-2 TERMS AND DEFINITIONS
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SECTION 2 - SCOPE AND CONTROL OF THE WORK
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2-1 AWARD AND EXECUTION OF THE CONTRACT
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2-5 PLANS AND SPECIFICATIONS
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2-5.2 Precedence of Contract Documents
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2-6 WORK TO BE DONE
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2-9 SURVEYING
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2-9.1 Permanent Survey Markers
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2-9.2 Survey Service
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SECTION 3 - CHANGES IN WORK
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3-3 EXTRA WORK
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3-3.2 Payment
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3-3.2.2 Basis for Establishing Cost
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3-3.2.3 Markup
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SECTION 4 - CONTROL OF MATERIALS
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4-1 MATERIALS AND WORKMANSHIP
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4-1.3 Inspection Requirements
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4-1.3.1 General
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SECTION 5 - UTILITIES
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5-1 LOCATION
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5-1.1 General
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5-2 PROTECTION
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5-4 RELOCATION
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SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
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6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
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6-1.1 Construction Schedule
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6-7 TIME OF COMPLETION
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6-7.1 General
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6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
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6-9 LIQUIDATED DAMAGES
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6-11 SEQUENCE OF CONSTRUCTION
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6-11.1 Sequence of Construction. In order to meet the contract schedule, the contractor will construct
this
project in two phases. The Peninsula Park improvements will be constructed first and will need to be
complete before Memorial Day, May 28, 2018. Bay View Park improvements will be constructed after the
Peninsula Park improvements are complete.
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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
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7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
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7-1.2 Temporary Utility Services
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7-2 LABOR
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7-2.2 Prevailing Wages
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7-7 COOPERATION AND COLLATERAL WORK
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7-8 WORK SITE MAINTENANCE
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7-8.4 Storage of Equipment and Materials
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7-8.4.2 Storage in Public Streets
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7-8.6 Water Pollution Control
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7-8.6.2 Best Management Practices (BMPs)
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7-10 SAFETY
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7-10.4 Safety
5P-9
7-10.4.1 Work Site Safety
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7-10.5 Security and Protective Devices
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7-10.5.3 Steel Plate Covers
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SECTION 9 - MEASUREMENT AND PAYMENT
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9-2 LUMP SUM WORK
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9-3 PAYMENT
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9-3.1 General
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9-3.2 Partial and Final Payment.
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PART 2 - CONSTRUCTION MATERIALS
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SECTION 200 — ROCK MATERIALS
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200-2 UNTREATED BASE MATERIALS
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200-2.1 General
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SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS
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201-1 PORTLAND CEMENT CONCRETE
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201-1.1 Requirements
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201-1.1.2 Concrete Specified by Class and Alternate Class
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201-2 REINFORCEMENT FOR CONCRETE
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201-2.2 Steel Reinforcement
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201-2.2.1 Reinforcing Steel
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SECTION 203 — BITUMINOUS MATERIALS
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203-6 ASPHALT CONCRETE
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203-6.5 Type III Asphalt Concrete Mixtures
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PART 3 - CONSTRUCTION METHODS
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SECTION 300 - EARTHWORK
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300-1 CLEARING AND GRUBBING
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300-1.3 Removal and Disposal of Materials
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300-1.3.1 General
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300-1.3.2 Requirements
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SECTION 302 - ROADWAY SURFACING
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302-5 ASPHALT CONCRETE PAVEMENT
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302-5.1 General
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302-5.8 Manholes (and Other Structures)
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302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
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SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
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303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
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303-5.1 Requirements
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303-5.1.1 General
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PART 6 — TEMPORARY TRAFFIC CONTROL
SECTION 601— WORK AREA TRAFFIC CONTROL
601-1 GENERAL
PART 8 — LANDSCAPING AND IRRIGATION
SECTION 800 - MATERIALS
800-1 LANDSCAPING MATERIAL
800-1.1 Topsoil
800-1.1.1 General
SECTION 801- INSTALLATION
801-1 GENERAL
801-6 MAINTENANCE AND PLANT ESTABLISHMENT
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
PENINSULA PARK AND BAYVIEW PARK IMPROVEMENTS
CONTRACT NO. 7226-2
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. P -5260-S); (3) the City's
Design Criteria Standard Special Provisions and Standard Drawings for Public Works
Construction, (2004 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements. The City's Design
Criteria Standard Special Provisions and Standard Drawings for Public Works
Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-
0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
At the time of the award and until completion of work, the Contractor shall possess a
Class A General Engineering Contractors License. At the start of work and until
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completion of work, the Contractor and all Subcontractors shall possess a valid
Business License issued by the City.
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
If there is a conflict or discrepancy between different Contract Documents, the more
stringent requirement as determined by the Engineer shall control.
2-6 WORK TO BE DONE
The work necessary for the completion of this contract consists of the following:
Peninsula Park
• Remove existing walkways and block walls
• Construct new walkways
• Construct seat walls
• Minor utility relocations
• Pavement overlay of existing AC pathway
• Remove and reconstruct existing restroom stairway and railings
• Minor grading and irrigation restoration
Bayview Park
• Remove existing wood stairs and railing
• Construct sidewalk
• Construct new concrete stairway with railings
• Minor landscape restoration
2-9 SURVEYING
2-9.1 Permanent Survey Markers
Delete the second paragraph and replace with the following: The Contractor shall
submit to the Engineer, a minimum of 7 days prior to the start of work, a list of
controlling survey monuments which may be disturbed. The Contractor will:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In
the event that existing survey monuments are removed or otherwise disturbed during
SP -2
the course of work, the Contractor shall restore the affected survey monuments at his
sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record
or Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or
monuments damaged by the Work.
2-9.2 Survey Service
Delete this section and replace with the following: The Contractor's California Licensed
Land Surveyor shall utilize/follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The design surveyor for this project is Eric Metz, LS (Metz Surveying)
and can be contacted at (661)338-5845. At a minimum, two (2) sets of cut -sheets for
all areas shall be included in the bid price and copies of each set shall be provided to
the City 48 -hours in advance of any work.
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
Delete this section and replace with the following: The following percentages shall be
added to the Contractor's costs (prior to any markups) and shall constitute the markup
for all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
3-3.2.3.2 Work by a Subcontractor
Delete this section and replace with the following: When all or any part of the extra work
is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be
SP -3
applied by the Subcontractor to the actual costs (prior to any markups) and shall
constitute the markup for all overhead and profit. An additional markup of five (5)
percent of the subcontracted actual cost (prior to any markups) may be added by the
Contractor.
To the sum of the costs and markups provided for in this subsection, one (1) percent
may be added for compensation for bonding.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
progress of the work in its various parts and shall give the Engineer timely (48 -hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required
for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sand blasting is not
allowed. Any surface damaged by the removal effort shall be repaired to its pre -
construction condition or better at the contractor's expense.
Man
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by
the Work and is not re -useable, the Contractor shall provide and install a new
replacement pull box, meter box or any other utility box of identical type and size at no
additional cost to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected
by the Work shall be replaced to finish grade with new utility boxes. During asphalt
paving operation, manholes within paving area shall be temporarily lowered and
covered. Upon completion of paving operation, manholes shall be permanently
adjusted to finish grade.
The Contractor will be required to contact Southern California Edison, The Gas
Company, cable television companies, telecommunication companies and any other
utility companies to have their existing utilities adjusted to finish grade. The Contractor
shall coordinate with each utility company for the adjustment of their facilities in
advance of work to avoid potential delays to the project schedule. The Contractor shall
provide the necessary survey control for all utility companies to adjust boxes and vaults
to the final grade. The Contractor will be required to coordinate with these companies
for inspection of the work.
SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval
a minimum of five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls
behind the approved baseline schedule, the Contractor shall be prohibited from starting
additional work until Contractor has exerted extra effort to meet the baseline schedule
and has demonstrated the ability to maintain the schedule in the future. Such stoppages
of work shall in no way relieve the Contractor from the overall time of completion
requirement, nor shall it be construed as the basis for payment of extra work because
additional personnel and equipment were required on the job.
Rim
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within 70 consecutive
working days after the date on the Notice to Proceed. Contractor will need to have
Peninsula Park improvements completed prior to May 28, 2018. Contractor should
expect Notice to Proceed April 2, 2018. Preconstruction meeting will be held last week
of March. Bay View Park improvements will be constructed after Peninsula Park. 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.
Normal working hours are limited to 7:00 a.m. to 4:00 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 4:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The
Engineer reserves the right to deny any or all such requests. Additionally, the
Contractor shall pay for supplemental inspection costs of $146 per hour when such time
periods are approved.
The following days are designated City holidays and are non -working days:
1. January 1 st (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 41h (Independence Day)
6. First Monday in September (Labor Day)
7. November 11th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 It (New Year's Eve)
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If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications
shall be on the job site at all times. The Contractor shall maintain as -built drawings of all
work as the job progresses. A separate set of drawings shall be maintained for this
purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time
each progress payment is submitted. Any changes to the approved plans that have
been made with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after May 28, 2018 as specified in Section 6-7-1 for
completion of the work for Peninsula Park, the Contractor shall pay to the City or have
withheld from moneys due it, the daily sum of $2,000. Contractor will be required to
have Bay View Park improvements completed by July 10, 2018. For each consecutive
calendar day after July 10, 2018, the Contractor shall pay to the City or have withheld
from moneys due it, the daily sum of $500.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and
actual damage caused by the failure of the Contractor to complete the Work within the
allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations.
6-11 SEQUENCE OF CONSTRUCTION
6-11.1 Sequence of Construction. In order to meet the contract schedule, the
contractor will construct this project in two phases. The Peninsula Park
improvements will be constructed first and will need to be complete before Memorial
Day, May 28, 2018. Bay View Park improvements will be constructed after the
Peninsula Park improvements are complete.
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SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and
tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City,
the deposit will be returned to the Contractor, less a $90 monthly charge for meter use,
a charge for water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of
ready -mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections
within the time period allowed. The times and dates of any utility to be shut down must
be coordinated with the Engineer. It is the Contractor's responsibility to notify the
affected businesses and residents of the upcoming water shutdown with a form
provided by the Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base
and pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with
construction debris.
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow
BMP will result in immediate cleanup by City and back -charging the Contractor for all
costs plus 15 percent. The Contractor may also receive a separate administrative
citation per Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations,
and orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site.
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7-10.5 Security and Protective Devices
7-10.5.3 Steel Plate Covers
Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards.
In addition, steel plates on asphalt pavement shall be pinned and recessed flush with
existing pavement surface.
SECTION 9 - MEASUREMENT AND PAYMENT
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum bid prices for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Peninsula Park Improvements
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as requested by the Engineer, attending construction progress meetings as
needed, and all other related work as required by the Contract Documents. This bid
item shall also include work to demobilize from the project site including but not limited
to site cleanup, 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.
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Item No. 3 Remove Existing Concrete Curb: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for removing and
disposing the existing concrete curb, restoring all existing improvements damaged by
the work, and all other work items as required to complete the removal and disposal as
delineated on the project plans.
Item No. 4 Remove Existing Concrete Block Wall: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
and disposing the existing concrete block walls, restoring all existing improvements
damaged by the work, and all other work items as required to complete the removal and
disposal as delineated on the project plans.
Item No. 5 Remove Existing Concrete Seat Wall: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
and disposing the existing concrete seat walls, restoring all existing improvements
damaged by the work, and all other work items as required to complete the removal and
disposal as delineated on the project plans.
Item No. 6 Remove Existing Concrete Pavement: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
and disposing the existing concrete pavement, restoring all existing improvements
damaged by the work, and all other work items as required to complete the removal and
disposal as delineated on the project plans.
Item No. 7 Sawcut and Remove Existing AC Pavement: Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
sawcutting, removing and disposing the existing asphalt concrete pavement, restoring
all existing improvements damaged by the work, and all other work items as required to
complete the removal and disposal as delineated on the project plans.
Item No. 8 Remove Existing Concrete Bollard: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for
removing and disposing the concrete bollard, restoring all existing improvements
damaged by the work, and all other work items as required to complete the removal and
disposal as delineated on the project plans.
Item No. 9 Relocate Existing Electrical Pedestal: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for
relocating the existing electrical pedestal, restoring all existing conduits and wiring
improvements, and all other work items as required to complete the relocation as
delineated on the project plans.
Item No. 10 Relocate Existing Water Meter: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for relocating the
existing water meters, restoring all existing conduits and piping, and all other work items
as required to complete the relocation as delineated on the project plans.
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Item No. 11 Adjust Existing Water Meter to Grade: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for adjusting
the water meter to grade and restoring all existing improvements damaged by the work,
and all other work items as required to complete the work in place.
Item No. 12 Adjust Existing Fire Ring to Grade: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for adjusting
concrete fire rings to grade and restoring all existing improvements damaged by the
work, and all other work items as required to complete the work in place.
Item No. 13 Sawcut and Remove Existing Concrete Stairs: Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
sawcutting, removing and disposing the existing concrete stairs, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the removal and disposal as delineated on the project plans.
Item No. 14 Remove Existing Railing: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for removing and disposing
the existing stairway hand railing, restoring all existing improvements damaged by the
work, and all other work items as required to complete the removal and disposal as
delineated on the project plans.
Item No. 15 Construct 4" Concrete Sidewalk: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for grading and
compacting subgrade, constructing concrete sidewalk, furnishing and placing expansion
joint material, and all other work items as required to complete the work in place to the
line and grade depicted on the project plans.
Item No. 16 Construct 4" Concrete Sidewalk with Diamond Scoring Pattern:
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for grading and compacting subgrade, constructing concrete sidewalk
with banding and scoring as depicted on detail F on sheet 6 of the plans, furnishing and
placing expansion joint material, and all other work items as required to complete the
work in place to the line and grade depicted on the project plans.
Item No. 17 Construct Concrete Access Ramp: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for grading
and compacting subgrade, constructing concrete access ramp, placing and compacting
the underlying subgrade, and all other work items as required to complete the work in
place to the line and grade depicted on the project plans.
Item No. 18 Construct Concrete Seat Wall: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for grading and
compacting subgrade, constructing concrete seat wall, furnishing and placing all
reinforcing steel, and all other work items as required to complete the work in place to
the line and grade depicted on the project plans.
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Item No. 19 Furnish and Place Asphalt Concrete Overlay: Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for
applying a tack coat, spreading and compacting the asphalt concrete overlay and all
other work items as required to complete the work in place.
Item No. 20 Construct 8" AC Deeplift: Work under this item shall include, but not
be limited to, all labor, tools, equipment and material costs for applying a tack coat,
spreading and compacting the asphalt concrete slot pave deeplift and all other work
items as required to complete the work in place.
Item No. 21 Cold Mill Existing Pavement (Variable Depth): Work under this item
shall include, but not be limited to, all labor, tools, equipment and material costs for cold
milling the asphalt concrete pavement, hauling and disposing the milled material offsite,
and all other work items as required to complete the work in place.
Item No. 22 Regrade Adjacent Turf Area and Restore Irrigation System: Work
under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for regrading and restoring the turf are adjacent to the proposed
walkway, hauling and disposing all waste material offsite, and all other work items as
required to complete the work in place.
Item No. 23 Construct Type B Concrete Curb: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for grading, forming
and constructing concrete curb and all other work items as required to complete the
work in place to the line and grade depicted on the project plans.
Item No. 24 Construct Concrete Stairway: Work under this item shall include, but
not be limited to, all labor, tools, equipment and material costs for grading, forming and
constructing the concrete stairways and all other work items as required to complete the
work in place to the line and grade depicted on the project plans.
Item No. 25 Furnish and Place Metal Hand Railing: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs to furnish
and install metal hand railings on the concrete stairways at the locations depicted on
the plans and in conformance with the project details on the plans.
Bavview Park Improvements
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as requested by the Engineer, attending construction progress meetings as
needed, and all other related work as required by the Contract Documents. This bid
item shall also include work to demobilize from the project site including but not limited
to site cleanup, removal of USA markings and providing any required documentation as
noted in these Special Provisions.
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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 Clearing and Grubbing: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for removing and disposing the
existing appurtenances, plant material, tree trunks and roots, rodents and any rodent
damage, debris and all other work items as required to complete the necessary removal
and disposal.
Item No. 4 Remove Existing Wood Stairs and Railing: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
and disposing the existing wood staircase and railing, restoring all existing
improvements damaged by the work, and all other work items as required to complete
the removal and disposal as delineated on the project plans.
Item No. 5 Fine Grade and Compact Subgrade: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs to fine grade
and compact the subgrade under and adjacent to the proposed staircase and all other
work items as required to complete the removal and disposal as delineated on the
project plans.
Item No. 6 Construct 4" Concrete Sidewalk: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for grading and
compacting subgrade, constructing concrete sidewalk, furnishing and placing expansion
joint material, and all other work items as required to complete the work in place to the
line and grade depicted on the project plans.
Item No. 7 Construct Concrete Stairway: Work under this item shall include, but
not be limited to, all labor, tools, equipment and material costs for grading, forming and
constructing the concrete stairways and all other work items as required to complete the
work in place to the line and grade depicted on the project plans.
Item No. 8 Furnish and Place Metal Hand Railing: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs to furnish
and install metal hand railings on the concrete stairways at the locations depicted on
the plans and in conformance with the project details on the plans.
Item No. 9 Plant Groundcover and Shrubs to Match Adjacent Plant Materials:
Work under this item shall include, but not be limited to, all labor, tools, equipment and
material costs for regrading and restoring the area under and adjacent to the existing
wood stairway being removed with plant materials match adjacent existing plant
materials. This item also includes hauling and disposing all waste material offsite,
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retrofitting adjacent irrigation to get proper coverage, if required, and all other work
items as required to complete the work in place.
Item No. 10 As Builts: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for all actions necessary to provide as -built
drawings. These drawings must be kept up to date for both locations and submitted to
the engineer prior to request for payment. An amount of $3,000 is determined for this
bid item. The intent of this pre-set amount is to emphasize to the contractor the
importance of as -built drawings.
9-3.2 Partial and Final Payment.
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payment for mobilization shall be made in accordance with Section 10264 of the
California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 200 — ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General
Crushed Miscellaneous Base (CMB) shall be used as the untreated base material.
SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
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Reinforcing steel shall be epoxy coated Grade 60 steel conforming to ASTM A 615 with
2 -inch minimum cover unless shown otherwise on the plans.
SECTION 203 — BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.5 Type III Asphalt Concrete Mixtures
Asphalt concrete finish course shall be III -C3 -PG 64-10 RAP. Asphalt concrete base
course shall be III -B2 -PG 64-10 RAP.
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
Removal and disposal of material shall be done by City approved licensed and
Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be
found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and
then selecting the link for Franchised Haulers List.
300-1.3.1 General
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
shall remove any broken concrete, debris or other deleterious material from the job site
at the end of each workday or as directed by the Engineer. All areas of roadway
removal and replacement shall have a minimum trench width of 3 -feet to facilitate
maximum compaction. Contractor shall meet with the Engineer to mark out the areas
of roadway removal and replacement.
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
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The Contractor shall dispose of all excess or waste material and shall include all fees
for such disposal in the appropriate bid items.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley
Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made
to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full
depth sawcuts. Final removal between the sawcut lines may be accomplished by the
use of jackhammers or sledgehammers. Pavement breakers or stompers will not be
permitted on the job. The Engineer must approve final removal accomplished by other
means.
SECTION 302 - ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
302-5.1 General
All cracks 1/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed
with a hot -applied crack sealant approved by the Engineer. In residential areas, no
highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and
trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The
top two (2) inches of asphalt concrete (finish course) shall be placed in a separate lift.
Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95%
minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be
cleaned with a power broom.
302-5.8 Manholes (and Other Structures)
All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to
pavement cold milling. Upon completion of asphalt concrete finish course, the top of
manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the
smoothness requirement as specified in 302-5.6.2.
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
The Contractor shall not allow vehicular traffic on new concrete until the concrete has
attained a minimum compressive strength of 3000 psi. High early strength concrete
may be attained to meet the time constraints by the use of additional portland cement
or chemical admixtures in accordance with Section 201-1 and with prior approval of the
Engineer. The cost of high early strength concrete shall be included in the unit prices
for all concrete bid items.
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SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks and curb access ramps shall be opened to pedestrian access on the day
following concrete placement. In addition, all forms shall be removed, irrigation
systems shall be repaired, and backfill or asphalt concrete patchback shall be placed
within 72 hours following concrete placement.
PART 6 - TEMPORARY TRAFFIC CONTROL
SECTION 601 — WORK AREA TRAFFIC CONTROL
601-1 GENERAL
The Contractor shall furnish and install signage, barricades, delineators, yellow safety
ribbons, and any other measures deemed necessary by the Engineer to safely direct
the public around areas of construction.
PART 8 - LANDSCAPING AND IRRIGATION
SECTION 800 - MATERIALS
800-1 LANDSCAPING MATERIAL
800-1.1 Topsoil
800-1.1.1 General
Topsoil shall be Class A (imported).
SECTION 801 - INSTALLATION
801-1 GENERAL
The Contractor is responsible for clearing and grubbing, pruning and removing tree roots
that interfere with the work. The Contractor shall be responsible for ensuring that no tree
roots are pruned or cut that could compromise the stability of the tree.
The Contractor shall arrange to meet with the City's Urban Forester a minimum of five
workdays prior to beginning the work. The Contractor shall describe the method of
pruning and removing minor tree roots that may be encountered during construction.
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The Urban Forrester will decide at that time if a formal submittal is required for review
by the City.
If the Contractor encounters large tree roots, he/she shall cease work at that location
and immediately contact the City's Urban Forrester for inspection. Upon inspection, the
Urban Forrester may require the Contractor to formally submit a plan for removing the
large roots to the City for review.
If required, the submittal shall adhere to the following guidelines.
1. Root Pruning
a. Whenever possible, root pruning shall only be done on one side of the tree
unless specifically authorized by the City's Urban Forester.
b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable
tool.
2. Arbitrary Root Cut
a. A straight cut with a root -cutting machine shall be made.
b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs,
and shall be made as far away from the tree base as possible.
3. Selective Root Pruning
a. This process involves selectively removing offending roots when a tree trunk or
root flare is less than 2 feet from the sidewalk and/or the size, species or
condition of the tree warrants a root cut to be hazardous to the tree or when
there is only one minor offending root to be removed and/or the damage is
minimal (i.e., only one panel uplifted, etc.)
b. Selective root pruning shall be performed with an ax or stump -grinding machine
instead of a root -pruning machine.
c. All tree roots that are within the sidewalk construction area shall be removed
or shaved down.
d. Roots greater than two inches in diameter that must be removed, must be
pre -approved by the City's Urban Forester.
e. Roots shall be selected for removal on the basis that will have the least impact
on the health and stability for the tree.
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801-6 MAINTENANCE AND PLANT ESTABLISHMENT
The maintenance and plant establishment period shall be for a period of (90) calendar
days.
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