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Home My WebLink AboutC-7109-1 - Bayview Heights Drainage / Runoff Treatment ProjectAugust 13, 2020 Jeremy Harris Construction, Inc. Attn: Jeremy Hams 19466 Lurin Avenue Riverside, CA 92508 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 r -Ax newportbeachca.gov Subject: Bayview Heights Drainage/Runoff Treatment Project — C-7109-1 Dear Mr. Harris: On August 13, 2019, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to frle 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 14, 2019 Reference No. 2019000300175. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1001075726. Enclosed is the Faithful Performance Bond. Sincerely, j Leilani I. Brown, MMC City Clerk Enclosure THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACTAMOUNT EXHIBIT C CITY OF NEWPORT BEACH BOND N0, 1001075726 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,650.00 , being at the rate of $ 18,00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Jeremy Harris Construction, Inc, hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of two project tasks and all other incidental work items necessary to complete the work in place: Project Task 1) Clearing and grubbing; securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals„ water diversion plans, and dust control plans; controlling sediment and erosion; removing non-native vegetation; removing fifteen (15) large trees; filling the existing gully; grading the detention basin; furnishing and installing twenty four (24) -inch reinforced concrete pipe ("RCP"), Nyloplast drain basin, twelve (12) -inch polyvinyl chloride ("PVC") pipe; constructing two (2) concrete manholes, energy dissipator, riprap with gravel blanket, outlet structure, and concrete flared end section; removing and placing rock dprap; cleaning out an existing thirty six (36) -inch RCP; Project Task 2) installing California native plant materials pursuant to the Principal's mitigation plan, providing temporary irrigation, performing one hundred twenty (120) -day maintenance and plant establishment period, 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 American Contractors Indemnity 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 Three Hundred Thirteen Thousand Eight Hundred Seventy Four Dollars and 70/100 ($313,874.70) 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 Page C-1 Jny Harris Construction, Inc. 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. 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 27th day of June ,201_. Jeremy Harris Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety UtIi&rizecJ,5igKature/TitIe (91 1A P Authorized ent Signature 625 The City Drive So., Ste. 205 Orange CA 82868 _ Shaunna Rozelle Ostrom Attorney -In -Fact Address of Surety I� A� VJgWypgn. Title CITYATTO TSOFF1 (714) 740-7000Harp, ClityAtitmey Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jeremy Harris Construction, Inc. i� Page C-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 Riverside On June 29, 2018 before me, Sarah Ann Zuniga- Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremy Harris Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4whose name*ls/are subscribed to the within instrument and acknowledged to me that he/shcAhey-executed the same in his/ueathel_ authorized capacity(i , and that by his/HeHiheir signature(g) on the Instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the Instrument. V m COMM X221)I 1A 6416 . avtnsnr i p�ly�.Fr a *n.mi Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL cd �= Sig ature otary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: _. A c'2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of 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. ,fl County of ) ss. On 20 before me, Notary Public, personalty appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 Califomia County of orange (seal) On June 27 20 1a before me, Adrian Benkert-Langrell , Notary Public, personally appeared Shaunna Rozelle Ostrom 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. ADRIAN HENKERT-LANGRELL WITNESS.rpy hand and official seal. Adrian Jeremy Harris Construction, Inc. COMM, #2214263 w Cj.0 Nulary PubllcCalifornia '4 ORANGE COUNTY a My Comm. Expires Sep 15,2021 Page C-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 naive 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: Daniel Huckabay, Arturo Ayala, Dwight Reilly, Shounna Rozelle Ostrom or Michael Castaneda of Orange, 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 *****Twenty Million***** Dollars ($ **20,000,000.00* . 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 withfull power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company. subject to the following provisions: - - Attorney -in -Fact may be given full power and authority for and in the time of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such 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 Resolved, that the signature of any authorized officer and seat of the Company heretofore or hereafter affixed to any `power of attorney or any certificate relating thereto by facsimile; and any power of attorney or certificate bearing facsimile signatae or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached - - - IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seats to be hereto affixed, this 1 at day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY `oc,Sn4crOReµoy a'4E98URpfo OGNUING f tl°+P J �`Ye BY: \res �`r' Daniel P. A uilar, ice President 6.. A notary public or other officer completing this certificate verifies only the identity of the individual whosignedthe document: to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. some or cautomta County of 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 Indemnity Company, Texas Bonding Company, United States Surety Company. and U.S. Specialty Insurance Company who proved to meon the basisof satisfactory- evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that be 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.++++rrr...+++ SABINA MORGENSTEIN Signature Commission # 2129250 Notary Public - California - Los Angeles County My Comm. Expires Now 3, 201Q 1, 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, CaliforniaC this27th .day ofJune201Corporate Seals Rgcipo o�c1 "otirO,N, li`isZ o • ,`n`�,� yen u. v Bond No. _1001075726 Kin Lo, Assistant Secretary Agency No. 8472 _...,_ , �gildoaiise„� „ ...*.. • `e:° *:,rgs.oi..Ehv".oe •'%,ry„ ...... nA` m, nn n ,n uu nn October 18, 2019 Jeremy Harris Construction, Inc. Attn: Jeremy Harris 19466 Lurin Avenue Riverside, CA 92508 100 Civic Center Drive Newport Beach, California 92660 949-644-3o65 1 949-644-3039 rex newportbeachca.gov Subject: Bayview Heights Drainage/ Runoff Treatment Project C-7109-1 Dear Mr. Harris: On August 13, 2019 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 14, 2019, Reference No. 2019000300175. The Surety for the bond is American Contractors Indemnity Company and the bond number is 1001075726. Enclosed is the Labor & Materials Payment Bond. Sincerely, Ail Leilani I. Brown, MMC City Clerk Enclosure _ THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001075726 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Jeremy Harris Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of two (2) project tasks and all other incidental work items necessary to complete the work in place: Project Task 1) Clearing and grubbing; securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals, water diversion plans, and dust control plans; controlling sediment and erosion; removing non-native vegetation; removing fifteen (15) large trees; filling the existing gully; grading the detention basin; furnishing and installing twenty four (24) -inch reinforced concrete pipe ("RCP"), Nyloplast drain basin, twelve (12) -inch polyvinyl chloride ("PVC") pipe; constructing two (2) concrete manholes, energy dissipator, riprap with gravel blanket, outlet structure, and concrete flared end section; removing and placing rock riprap; cleaning out an existing thirty six (38) -inch RCP; Project Task 2) installing California native plant materials pursuant to the Principal's mitigation plan, providing temporary irrigation, performing one hundred twenty (120) -day maintenance and plant establishment period 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, American Contractors Indemnity 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 Three Hundred Thirteen Thousand Eight Hundred Seventy Four Dollars and 70/100 ($313,874.70) 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 Jeremy Harris Construction, Inc. Page B-1 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 required by and in accordance with the provisions of Sections 9500 of 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 27th day of __ June , 2016 Jeremy Harris Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 625 The City Drive So., Ste, 205, Orange, CA 92868 Address of Surety (714)740-7000 Telephone Shaunna Rozelle Ostrom, Attorney -in -Fact Print Name and Title APPROVED AS TO FOFft CffATr0ffi '&0FF or, 4L— A r, -O'. bglkSC NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jeremy Harris Construction, Inc. ��' Page B-2 CALIF=ORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On June 29, 2018 before me, Sarah Ann Zuniga- Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeremy Harris Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person4whose nameH-Is/are subscribed to the within Instrument and acknowledged to me that hemexecuted the same in his/Uaatbai�_ authorized capacity(iea); and that by his/HeFAheir signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. SARAN ANN ZZppN '0 15 worarrw¢ CAUFMO NN'tNF OO Mrr �� Mr�YJr tl. i0Q1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual n Attorney in Fact ❑ Trustee. ❑ Guardian of Conservator ❑ Other: Signer is Representing: c'2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of 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 M SS. 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. State of California County of orange - } SS. M June 27 Adrian Benkert-Langrell _, (seal) 2019 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheir 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. - AN aENNERT WITNESS my, hand and official seal. ADRI COMM. 92214267 N =pC... Notary RibkCalifornia X 4) ORANGE COUNTY a My Comm, Expires Sep 15,2021 Signature Adrian Benkert-Langrell (seal) Page e-3 Jeremy Harris Construction, Inc. POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Daniel Huckabay, Arturo Ayala, Dwight Reilly, Shaunna Rozelle Ostrom or Michael Castaneda of Orange, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Twenty Million***** Dollars ($ **20,000,000.00* . 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 fill power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Alrorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by they Corporate Secretary, Be 11 Resolved, that the signature of any authorized officer and seal of are Company heretofore or hereafter affixed toany power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seat 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 o``tPPitORJj''.p,. f618UR@jcy „O`�N I NO D CQo -a 0. oo\mwa yr By ._ +Z! Daniel P. Aguilar Vic Presi ant f %..�Tq.... P: ..^�!„o 11 ....`.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the d0cumentto 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 Ist 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 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.. SABINA MOROENSTEIN Commission N 2129256 Signature (Seal) '� Notary Public ` California Los Angeles County M Comm. EKDIrfs.Nov 3, 2010 1, Kin Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specially 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 fill 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, 1 have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 227th day June 2018, C OCPOIffIe Seals Nf3 �o,,- 9�y ............... ne �u .r.,. `a`oatRPCiORg•,.. =� '�°""° .eS4E3�9URp1., .e00NO1 av% '` 3y ,• E +\°az —.__ V Lo A ar Kio , Assistant Secretary Bond No 1001075726 .... d: ami,, zm�. J Agency NO. 8472 . "rvf9'(F06M, ;.lx-: , ,,,y 6F ti PL`o°` _ _ mu nn P. . Batch 4972337 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 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIfIIIIIIIIIIIIIIIIIII I'II1111111111111l1I I111l1IIIIIIIIIII NO FEE .$ R 0 0 1 1 0 5 0 0 0 6 b. 2019000300175 2:12 pm 08114119 9406N12 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 Jeremy Harris Construction, Inc., Riverside, California, as Contractor, entered into a Contract on May 22, 2018. Said Contract set forth certain improvements, as follows: Bayview Heights Drainage Project - C-7109-1 Work on said Contract was completed, and was found to be acceptable on August 13. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. M 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 J �� %�1�� at Newport Beach, California. BY City Clerk https:Hgs.secure-recording.com/Batch/Confirmation/4972337 08/14/2019 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 Jeremy Harris Construction, Inc., Riverside, California, as Contractor, entered into a Contract on May 22, 2018. Said Contract set forth certain improvements, as follows: Bayview Heights Drainage Project - C-7109-1 Work on said Contract was completed, and was found to be acceptable on August 13, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is American Contractors Indemnity Company. BY Public Works Director[ City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Ayll- lull at Newport Beach, California. ` BY City Clerk CITY C! RK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 11:00 AM on the 24th day of April, 2018, at which time such bids shall be opened and read for BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 $ 320,000 Engineer's Estimate I I- ---I 44 7R Approv d by Gf� ` Mark Vuk jevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Bob Stein, Project Engineer at (949) 644-3322 or John Kappeler, Project Manager at (949) 644-3218. BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 TABLE OF CONTENTS NOTICEINVITING 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 BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via Planet8ids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via Planet8ids) 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 3 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 4 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 be reviewed. 924979- Class "A" -President Contractor's License No. & Classification uthoriz d Signature/Title 1000001177 6/30/2018 DIR Reference Number & Expiration Date Jeremy Harris Construction, Inc. Bidder 61 V.7-7, 8' Date Bond No. CSBA-7556 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT, Contract No. 7109-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th day of April 2018. Jeremy Harris Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 625 The City Drive So., Ste. 205 Orange, CA 92868 Address of Surety (714)740-7000 Telephone Autforized Signature/Title A 0A Au NoWed- e Agent Signature Shaunna Rozelle Ostrom, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) n. ACKNOWLEDGMENT ■vrvvvvrvvrr■a■■r■v■■rr■�■■■■■■r■■■■■■■■■v■■■■r■■■v■■■■■■■■rr■■■■■■■■■■■■■rrr■■ State of California County of )3S. M1 personally appeared before me, Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ■■■rv■■■■vv■v■■■■■■■■r■■■■ u■■■■■vv■■r■ar■■■r■■r■■r■v■■■■■■■■■r■v■■■r■rrrrr u u OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 q.a Thumbprint of Signer X Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California J County of I`+V21�yd e I On Ori sot d before me, Sara A jw zg njq q - jyoj" 1( Date Here Insert Name and Title of the Office personally appeared S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s�whose name(s) ishmmsubscribed to the within instrument and acknowledged to me that hem executed the same in hist authorized capacity#=), and that by his/b�, signature*on the instrument the person#, or the entity upon behalf of which the personp 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. SARAH ANN tUNIGA COMM. #2206415 RW �q WITNESS my hand and official seal. � � M01ARY PUBLIC - CAIIFORNUI 23 RIVERSIDE COUNTY bN Comm. Expires.10 22. Ml Signature Place Notary Seal and/or Stamp Above Signal re q6ietary Public yr 11%JNML Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of 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 Orange ) On April 18, 2018 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VC ARO Commission # 2068090 WITNESS my hand and official seal Z=Notary Public - California Z z . Orange County v My Comm. Expires May 12, 201 E Signature �CC�.,�t� (Seal) Melissa Ann Vaccaro P OWER OF ATTORNEY AMERICAN&& NT11€ACTORR NnvITY COMPANY TEXAS BONDING COMPANY UNITED TATE �URRT�MIMNY 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 M aryland corporation and U.S. -Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make_, �Iisti-lizte andpo — Daniel Huckabay, Arturo Ayala, Dwight Rerlf lehal +vistameda or Shaunna Rozelle Ostrom of Orange, 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 conBSiTed mit;; name, place andstead, to We ga&nowledge and deliver any and all bonds, recognizances,-undertaking or other instrument or contracts r fyslupAbAnMde riders, amendments, and consents of sure t p v Zidg- k bonzT penalty does=noticed ==::enty Million***** Dollars ($20;Oif0,0111.t1� This Power of Attorney shall expire wi�it out further action on November 3, 2019. This Power of Attorney is grameC ceder 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 authridL y. to g oint any one or more suitable persons as Attorney(s)-in-Fact to represent and act -dor and behalf of the Company subject to the, following -Mefk a e en full power and authority for and in the naive of and on bebWaf ofthe n�cift. acknowledge and dehver;-any and all bonds,___ izances, contracts, agreements or indemnity and other conditional or obligatory dQA&_i i-nong=any and all consents -for tt release= 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 Resolved,=that the=signature of any authorized officer and_seal the Company heretofore or hereafter affixed to any power of attorney or any certificate relates thereto-& fa�power of attorney,~r atcNoarri fiaWnile signature or facsimile seal shall be valid and binding upon the Company_wnh respect town band or�� it is attached. _ IN WITNESS WHEREOF, The Comparifes have caused this instrument to be signed and their corporate seals to Whereta affixed, this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY orp07at��a5 UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCICOMPANY _ -- q�y .``�.�E.......... ,FTg,%' NVING O - - CG wconPORAM :y By - °03 iL 2w •iz= ?Ni a -°'` By ..... _- SEPT.15, 199Djs` fir:• ,'Y` �9`. t: Daniel P. Aguilar, Vice President : ''6'w•.... .:•f �. ''.�7 ••.. ..''P?``. ., fir, .... ... ngnOF •• qnum:nn`n"\` 'n nu: 'an:uumuo"�"` rnq:n y public@r ddimofficer completing phis certificatelveri��only the identity of the individual who signed the nt iQwluch3Fiis certificate is attac r o hetl uLess, accuracy, or validity of that document. of Los Angeles SS: On this 1 st day of November, 2016, before me, Sabina Morgenstein, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors IndemnitLCompany, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on thus of----= acts vidence to be the person whose name is subscribed to the within_instnimenLanikac�ledged to me that he executed the_ same in hisFatlthdrized c�rnd that by his signature on the instrument the person, or the ent_-upon- h oMiffft person acted, executed t1 instrument. I= i un --PENALTY OF PERJURY under the laws of the State of California that f egfng paragraph is true and correct. WITNESS my hand and official seal. jobSABINA MORGENSTEIN Commission N 21 11118 Signature ___ _(Seal) Notary Public • California - Los Angeles County - - My Comm, EkpirocNov 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.. = __ In Witness Whereafsl_liave hereunto set my hand and affixed the seals of sbl Rompanies �ngeles, California this 18th day =off Aprih 2018 Corporate Seals 'PCrORsni uS SU `...... `R RF. , ` �•..... ,•..off,, :meq:•' ••, �, y;' • •';� - Q`'` •'':°o 9�,: 9t N • C, 9c: -uc >yi E t Bond No. CSBA 75.56.ice; Y a = Kio Lo, Assistant Secretary -Agency No. - 0472 �',�CqC N Qom , ��''qTF ort City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 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: Robertson's Concrete- Supplier Address: 200 S Main Street Ste 200 13, Structures 3% Corona,CA 92882 16, Phone: 951-685-2200 17, 18 Pipe Collar State License Number: N/A DIR Reference: 1000039563 Email Address: hr@rrmca.com Name: Incompli Address: 23441 South Pointe Dr. Ste 190 2 Surface water, swppp 1% Laguna Hills, CA 92653 Phone: 800-677-3718 State License Number: N/A DIR Reference: 1000018216 Email Address: info@incompli.com Name: A Cone Zone Address: 1640 Market St 3 Traffic control 2% Corona, CA 92880 Phone: 951-734-9535 State License Number: 851996 DIR Reference: 1000006625 Email Address Jeremy Harris Construction, Inc. C" -President Bidder uthorize Signature/Title 9 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work 0/0 of Number Total Bid Name: Michael Baker International 4 Surveyor 2% Address: 5 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 Phone: 949-330-4111 State License Number: SRVY: 6052 DIR Reference: 1000004231 Email Address: sslocum mbakerintl.com Name: Hemet Fence Corporation Address: P.O. sox 619 8 Fence 4.1% Homeland, CA 92548 Phone: (951) 926-8148 State License Number: 1000432 26 DIR Reference: 1000006953 Email Address:wes@hemetfence.Gpm Name: Lopez Construction, Inc. 13 Build structures 17% Address: 901 E Third Street Ste Al 16 Build collars Corona, CA 92879 17 Phone: (951) 808-9902 18 State License Number: 890389 DIR Reference: 1000017840 Email Address lopezconstruction06@yahoo.com Jeremy Harris Construction, Inc. Bidder 9 C Lm 444 \_4 -President thorized ignature/Title City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 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: GLC Landscaping Address: P.O. Box 1652 26 Landscaping, Planting 11% Yucaipa, CA 92399 27 Irrigation system, Phone: 909-844-0888 30 Weed eradication State License Number: 956672 31 Maintenance 32 DIR Reference: 1000044007 33 Email Address: Name: Canyon Hydroseeding Address: 3410 La Sierra Ave F189 28 Hydroseeding 1 & 2 Riverside, CA 92503 1% Phone: 951-680-1949 29 State License Number: 783677 DIR Reference: 1000013986 Email Address: CanyonHydroseeding@yahoo.com Name: Tip Top Arborist Address: 44107 Yucca Ave. 8 Tree Removal 7% Lancaster, CA 93534 Phone: 877-942-8733 State License Number: 821770 DIR Reference: 1000004077 Email Address Jim@tiptoparborists.com Jeremy Harris Construction, Inc. -President Bidder thorize Signature/Title 0 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 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: Reliant Testing Engineers, Inc. Address: 3039 S. Harbor Blvd. 9 Concrete cylinders Santa Ana, CA 92704 10 Geotechnical services 2% Phone: (714) 556-5867 12 Entire job State License Number: SPECIAL INSPECTOR :214 13 14 DIR Reference: 1000008188 15 Email Address: DDEGROFF@RELIANTTESTING.COM Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address.- ddress:Phone: Phone: State License Number: DIR Reference: Email Address Jeremy Harris Construction, Inc. Bidder -President uthorC7&�gna E City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Jeremy Harris Construction, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number San Sevaine Basin Project Description Excavation of basin and rock placement Approximate Construction Dates: From 4/2017 To: 6/2017 Agency Name County of San Bernardino Contact Person Johnny D. Gayman Telephone (gog) _387-7924 Original Contract Amount $ 486,836 Final Contract Amount $_486 836 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No `t No. 2 Project Name/Number Whitewater Park Bank Project Description Excavate sediment, install structural cement slope Approximate Construction Dates: From 2016 To: 20181 Agency Name Coachella Valley Water District Contact Person Tesfaaye Demisse, P.E. Telephone (76d 398_9851 Original Contract Amount $ 721 369 Final Contract Amount $ 721,369 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Wilson Creek Channel Project Description Excavate and export sediment, install rip rap, improve structure Approximate Construction Dates: From 2016 To: 2016 Agency Name San Bernardino Flood Control Contact Person Haile Ford, P.E. Telephone (909) 4881-0277 Original Contract Amount $403,72o Final Contract Amount $ 403.720 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Project Name/Number DeClez Basin Project Description Excavate and export sediment Approximate Construction Dates: From 2016 To: 2016 Agency Name Inland Empire Utilities Agency Contact Person Harlan Delzer, P.E. Telephone (g09) 993-1707 Original Contract Amount $ 185,808 Final Contract Amount $ 185,808 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number Lower Los Serranos Project Description Excavate and export sediment Approximate Construction Dates: From 2015 To: 2015 Agency Name City of Chino Hills Contact Person Tad Garrety, P.E. Telephone (90q _3F4-9729 Original Contract Amount $ 234,045 Final Contract Amount $ 234,045 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. 6 Project Name/Number Dunlap Channel Phase II Project Description Excavate and export sediment, build new water basin, install RCP, rip rap Approximate Construction Dates: From 2015 To: 2015 Agency Name City of Yucaipa Contact Person Chuck Collett Telephone (909) 841-0336 Original Contract Amount $ 939.678 Final Contract Amount $ 939,678 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Jeremy Harris Construction, Inc. -President Bidder uthorize Signature/Title 13 19466 Lurin St. Riverside, CA 92508 JEREMY HARRIS SUMMARY OF SKILLS AND QUALIFICATIONS (h) 951-215-0771 (c) 909-234-8264 I have 20 years experience in the construction industry and have constructed numerous private and public works projects, including flood control basins, storm drains, channels, water lines, road grading and paving, curbs and gutters, fencing, large scale earthwork, and multiple projects large and small. I am familiar with all aspects of the bidding process and estimating, and am proficient in the following skills: ■ Project management, supervision, coordination and inspection; permitting and contract administration; determine scope of projects, review specifications and make technical decisions. • Oversee construction management services for multiple complex projects; manage financial process; prepare/finalize contractor construction payments; and, prepare construction contract change orders for approval and payment. ■ Apply for construction and grading permits for all private development, street, sewer, storm drains and grading projects. ■ Confer with contractors and engineers regarding proposals, specifications and project problems; coordinate inspections with city departments and outside agencies. ■ Review and interpret engineering plans, specifications and estimates of public works and other projects; examine preliminary construction project requirements. ■ Determine locations of property lines, boundaries, easements, and rights of way; topographic surveys to determine locations and elevations of existing improvements, structures and topographic features; operate survey instruments. ■ Select, supervise, train and evaluate subordinates; hire and separate employees; authorize payroll. ■ Assist in project costs preparation and administration; review daily and final reports, prepare progress payment orders. Prepare, monitor and distribute project schedules ■ Confer and cooperate with inspectors and sub -contractors on work progress. ■ Independently plan and carry out activities with minimal direction; exercise managerial accountability; set project schedules and troubleshoot project issues. Plan and organize to achieve optimum efficiency and complete projects within required scheduling. ■ Operate heavy equipment, laser survey equipment. PROFESSIONAL CERTIFICATIONS Current CPR/Worksite Safety Officer - National Cognitive and Skills Examination Standards Current Occupational Safety Hazard/OSHA course completion certification Current NPDES Construction Storm Water Management Course Current Confined Space Training; Excavation Awareness Program, French Safety Current Certified Construction Underwater Diver Current California State Contractor's License EDUCATIONAL AND CAREER PREPARATION Current 20+ years of actual field experience in construction industry 2007 Continuing education courses towards degree, Coastline College 1989 General education courses, including drafting, business administration courses at Riverside Community College WORK EXPERIENCE 2009 Jeremy Harris Construction, Inc. (self-employed) 1988- Proiect Manager/Superintendent. Greg Harris Construction Company and Harris 2009 Engineering Company, Corona, California Corona, CA 1997-99 Field Surveyor/Estimator. Varner Construction, Riverside, CA (concurrent assignment) SAMPLE MAJOR PROJECT ACCOMPLISHMENTS ❑ Pipe, paving, concrete, earthwork o Riverside County Flood Control, City of Corona drain lines project ❑ Concrete channel, earthwork, riprap, water lines o Riverside County Flood Control, Day Creek project ❑ Earthwork, riprap, pipeline, concrete, landscaping (15,000 trees and plants) o City of Chino Hills ❑ Emergency road repair o City of Colton ❑ Dirt, concrete, riprap, earthwork, storm drain o Randall Basin project ❑ Concrete, earthwork, grading, concrete slope paving, paving, riprap o City of Rancho Mirage, Whitewater Slope Protection project ❑ Pipeline, riprap, earthwork, concrete (Mojave project) ❑ Riprap, concrete, fencing (Lytle Creek project) o County of San Bernardino ❑ Water lines o Elsinore Valley Municipal Water District, Meeks & Daley project ❑ Sewer lines, water lines, storm drains, sidewalk, curb & gutter, paving, earthwork, riprap o City of Yucaipa References Furnished Upon Request City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Riverside ) Jeremy Harris being first duly sworn, deposes and says that he or she is President of Jeremy Harris Construction. Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the S of California that the foregoing is true and correct. Jeremy Harris Construction, Inc. -President Bidder uthorize Signature/Title Subscribed and sworn to (or affirmed) before me on this day of 2YI 2018 by J QY MA f) S proved to me on the basis of satisfactory evidence to be the person) 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. 6 SARAH ANN Z NIDA Not P blic COMM. #2206415 [SEAL] c uiFORW ERSUIE COUNTY My Comp, E*esJYn.MI My Commission Expires: BEE ATMOKED DO,:!:?; 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of {ZoaysidQ On hnI d --Q I go 19 before me, VVI Irft r1 nn 2uma, - N*nl DWC Date Here Insert Name and Titl of the Officer personally appeared \JMMLA HIrY1S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorr(4whose names) isLe&-- subscribed to the within instrument and acknowledged to me that hgexecuted the same in hisr authorized capacity(, and that by his signature(s)-on the instrument the persorrtt, or the entity upon behalf of which the personM acted, executed the instrument. I certify under PENALTY OF PERJURY under the SARAH ANN ZUNIGAlaws of the State of California that the foregoing COMM. #2206415 NOTARY PUBLIC - CALIFORNIA at paragraph is true and correct. RIVERSIDE COUNTY m My Cwm.E*es)*22,2O21 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signatur Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: X2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — 11 Partner — ❑ Limited 11Individual 11Trustee 11Other: Signer is Representing Title(s): ❑ General ❑ Attorney in Fact ❑ Guardian of Conservator City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 DESIGNATION OF SURETIES Bidder's name Jeremy Harris Construction, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 1. CSBA (Bonds) Commerical Surety Bonding Agency- Shaunna Ostrom - 1411 N. Batavia Street, Ste 201, Oranqe, CA 92867 / 714-627-4587 2. Calix & Company Insurance Solutions, LLC (Insurance) - Christina McBride- 838 Pine Ave. #401 Long Beach, CA 90813 1562-354-4898 15 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Jeremy Harris Construction, Inc. 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 8 15 12 14 12 10 71 Total dollar Amount of Contracts (in $750,000 $1,800,000 $1,400,000 $1,700,000 $1,200,000 $900,000 $7,750,000 Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent o 0 0 0 0 0 0 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 Jeremy Harris Construction, Inc. Business Address: 19466 Lurin Ave. Riverside, CA 92508 Business Tel. No.: 951-215-0771 State Contractor's License No. and Classification: 924979- Class "A" Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidd Date Title President Signature of bidde Date t/ ad -i00' 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 IWNiiACHED DOUP.;JI`t 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe 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 is Vygy. (&e I On AXI before me, SClrah PM V) AtMgA ^ NOOIN RAbIiC Date �nn Here Insert Name and Title of the Officer personally appeared ' Ainno's Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose named ism subscribed to the within instrument and acknowledged to me that hetslr executed the same in his authorized capacity#=), and that by his A signature'(gyon the instrument the personp_�, or the entity upon behalf of which the person(.q acted, executed the instrument. I certify under PENALTY OF PERJURY under the RAH ANN ZUNIGA laws of the State of California that the foregoing t ' CO M. tt2206415 paragraph is true and correct. NOTARY PUBLIC - C41FOW RIVERSIDE COUNTY WITNESS m hand and official seal. W Cow. Expires My 22, 2021 y Signature 4 - Place Notary Seal and/or Stamp Above Sig ture of P6b dry Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Jeremy Harris Construction, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Sign ure NA im City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Jeremy Harris Construction, Inc. Business Address: 19466 Lurin Ave. Riverside, CA 92508 Telephone and Fax Number: 951-215-0771 951-789-0089 California State Contractor's License No. and Class: 924979- Class "A" (REQUIRED AT TIME OF AWARD) Original Date Issued: 11/18/08 Expiration Date: 2/28/19 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: Jeremy Harris- President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Jeremy Harris - President - 19466 Lurin Ave. Riverside, CA 92508 - 951-215-0771 Jeremy Harris - Treasurer - 19466 Lurin Ave. Riverside, CA 92508 - 951-215-0771 Corporation organized under the laws of the State of 19 California The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com li,ance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes ' W, Are any claims or actions unresolved or outstanding? Yes /® If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Jeremy Harris - President (Print name of Owner or President ;Lth oratio n/Company) Jeremy Harris Construction, Inc. -President Bidder orize Signature/Title President Title (/- Zg Date On AVV I POI Jt) ft before me, YA h Ann 2Arxi c,- , Notary Public, personally appeared T,r� my ItA ril S who proved to me on the basis of satisfactory evidence to be the person(* whose names) is/am subscribed to the within instrument and acknowledged to me that he/Y executed the same in his*e;ft�authorized capacity(ias), and that by his/;##rsa signature(s4 on the instrument the person(a), or the entity upon behalf of which the persor#) 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. 7RIVERS NIGA �� (SEAL) 6415 ry ublic i nd for said State ti FORW TY.ps* 22.2021 My Commission Expires: aa' 2 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California JJ 1 County of 121 vitvs u e J} On AXII � 901 Sols' before me, (4rilh hn 2�tni � q- I►(' Date _ Here Insert Name and TitIl of the Officer personally appeared -j Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personf#whose name(# is/asps subscribed to the within instrument and acknowledged to me that heg executed the same in his/fir authorized capacity(=.), and that by hist ix signatures) 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 SARAN ANN ZUNIGA paragraph is true and correct. COMM. #2206415 MARYPUDUC �1F°� In WITNESS my hand and official seal. a RIVERSIDE C01lN1Y My Comm. Expkes My 22, 2021 Signature Place Notary Seal and/or Stamp Above Sign ture of of Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: .^2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY CL771 BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT CONTRACT NO. 7109-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 22nd day of May, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JEREMY HARRIS CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 19466 Lurin Avenue, Riverside, California 92508, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this Contract consists of two project tasks and all other incidental work items necessary to complete the work in place: Project Task 1) Clearing and grubbing; securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals, water diversion plans, and dust control plans, controlling sediment and erosion; removing non-native vegetation; removing fifteen (15) large trees, filling the existing gully; grading the detention basin; furnishing and installing twenty four (24) -inch reinforced concrete pipe ("RCP"), Nyloplast drain basin, twelve (12) -inch polyvinyl chloride ("PVC") pipe; constructing two (2) concrete manholes, energy dissipator, riprap with gravel blanket, outlet structure, and concrete flared end section; removing and placing rock riprap; cleaning out an existing thirty six (36) -inch RCP; Project Task 2) installing California native plant materials pursuant to the Contractor's mitigation plan, providing temporary irrigation, performing one hundred twenty (120) -day maintenance and plant establishment period (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 ocuments:Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit B), Faithful Performance Bond (Exhibit C), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7109-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Thirteen Thousand Eight Hundred Seventy Four Dollars and 70/100 ($313,874.70). 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 Jeremy Harris 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. Jeremy Harris Construction, Inc. Page 2 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant'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 Jeremy Harris Construction, Inc. Page 3 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jeremy Harris Jeremy Harris Construction, Inc. 19466 Lurin Avenue Riverside, CA 92508 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit C 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 B 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. Jeremy Harris Construction, Inc. Page 4 10. COOPERATION Consultant 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 Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. 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. Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Jeremy Harris Construction, Inc. Page 5 Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (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 Jeremy Harris Construction, Inc. Page 6 Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 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. 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. Jeremy Harris Construction, Inc. Page 7 19. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 20. 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. 21. 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] Jeremy Harris Construction, Inc. Page 8 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: By: Aaron rp LNM er1u 11 b City Atto ey ATTEST: Date: . a r By: box Leilani I. Brown City Clerk O i Date: By. Marshall "Duffy" Duffield Mayor CONTRACTOR: Jeremy Harris Construction, Inc., a California corporation Date: Signed in Counterpart Jeremy Harris President/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Jeremy Harris Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Hqrp rNIK City Attorkiy ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: Jeremy Harris Construction, Inc., a California corporation Date: F- Z9 " Zd/ ? C�WLemy�Ha is President/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Jeremy Harris Construction, Inc. Page 9 EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Jeremy Harris Construction, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement, 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement, 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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 Jeremy Harris Construction, Inc. Page A-2 required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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 Jeremy Harris Construction, Inc. Page A-3 other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 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 Jeremy Harris Construction, Inc. Page A-4 specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Jeremy Harris Construction, Inc. Page A-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/5/18 Dept./Contact Received From: Raymund Date Completed: 6/5/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Jeremy Harris Construction Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/30/17 — 10/30/18 A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A-: VII or greater): A / XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/2/17 — 12/2/18 A. INSURANCE COMPANY: Mercury Casualty Company B. AM_ BEST RATING (A-: VII or greater) A+ / XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. 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 1. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/1/17 —12/1/8 A. INSURANCE COMPANY: Granite State Insurance Company B. AM BEST RATING (A-: VII or greater): A / XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Ap mgeni otrjmant insurance cervices Broker of record for the City of Newport Beach 6/5/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ 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 required for non -admitted General Liability carrier. Approved: !�u 7xeu--� June 5, 2018 Risk Mana ent Date * Subject to the terms of the contract. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001075726 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Jeremy Harris Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of two (2) project tasks and all other incidental work items necessary to complete the work in place: Project Task 1) Clearing and grubbing; securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals, water diversion plans, and dust control plans; controlling sediment and erosion; removing non-native vegetation; removing fifteen (15) large trees; filling the existing gully; grading the detention basin; furnishing and installing twenty four (24) -inch reinforced concrete pipe ("RCP"), Nyloplast drain basin, twelve (12) -inch polyvinyl chloride ("PVC") pipe; constructing two (2) concrete manholes, energy dissipator, riprap with gravel blanket, outlet structure, and concrete flared end section; removing and placing rock riprap; cleaning out an existing thirty six (36) -inch RCP; Project Task 2) installing California native plant materials pursuant to the Principal's mitigation plan, providing temporary irrigation, performing one hundred twenty (120) -day maintenance and plant establishment period 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, American Contractors Indemnity Company dilly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Thirteen Thousand Eight Hundred Seventy Four Dollars and 701100 ($313,874.70) 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 Jeremy Harris Construction, Inc. Page -1 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 Cade 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 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 27th day of June 2018 Jeremy Harris Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 625 The City Drive So., Ste. 205, Orange, CA 92868 Address of Surety (714)740-7000 Telephone Authorized Agent Signature Shaunna Rozelle Ostrom, Attorney -in -Fact Print Name and Title APPROVED A3 TO FORM. Gulf ATTORNEY* OFF �!X �AwolnQ Harp. CAy Attcmey �Nm 0", Its NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED Jeremy Harris Construction, Inc. Page Bµ2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On June 29, 2018 Date personally appeared Je before me, Sarah Ann Zuniga- Notary Public Here Insert Name and Title of the Officer Harris Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person4whose nameH-is/aye subscribed to the within instrument and acknowledged to me that he/s4Q44oy_executed the same in his/"ori,�4Uw_ihorr authorized capacity0ei+, and that by his/` e4he+ signature(&) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. ,s... .. SARAN ANN ZUNIGH COMM. #2206415 NMAW K OMM RRNE�RS�D�E C01 Mi My Cahn. Expires luh n. MI Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of 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 an the basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange }ss. (seal) On June 27 2018 _ _ before me; Adrian Benkert-Langrell Notary Public, personally appeared Shaunna Rozelle Ostrom Iwho 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/herltheir 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 PE=RJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADRIAN BENKERT-LANG WITNESS rrN hand and official seal. SignaVre Adrian Benkert-Langrell Jeremy Harris Construction, Inc. COMM. #2214263 m Notary Public -California ORANGE COUNTY a (seal) 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 nage M Amerfean Conti0tors Indemnity Company, United States Surety Company,=a M argland corporation and U.S. Specialty Insurance Company - a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Daniel Huckabay, Arturo Ayala, Dwight Reilly, Shaunna Rozelle Ostrom - or Michael Castaneda of Orange, California - its true and lawfulftorney(s)-in-fact, each in their separate capacity if moro than one niamed 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 *****Twenty Million***** Dollars ($ 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 adopt44y=-the BoAlMlof Directors of the Companies: Be it Resolved, that the President, any Vice President, any Asststd Vice -President, any Secretary or any Assistant Secretary shall be and `is hereby -vested with full power and authority to appoint any one or moremitable pe€sons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subje&W the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any�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 Corps AWS60biitary, Be it Resolved, khat the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to _any power of attorney or any certificate relating thereto by==facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shallbe 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 UNITEDIStATdSURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY `"gpCTOR"4 'g SUR: Np I N'G ,1. `oo`msu a' - -_ =u ;' •• s= sem+; ,di*�• � 0 _ Q: v' ; y, 'c + 9 .s�� /�([�►+�'','�/ ' wwnronnreo `Y'a= =0: '1 3 „xj •z =ail _ By. SEVL15,1890 i = =W' ^ - .:'`'> "` 'Y= "•. '`F Daniel P. A uilar Vice President ;s F A notarypnbiic or other officer completing this certificate verifies only the identity of the individual whalrgned`the documeMo 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 mer Sabina Morgenstein,_a notary public, personally appeared Daniel P. Aguilar, Vice President of American= Contractors Indemnity Company, Texas Bonding;Gompany United=States Surety Company and U.S. Specialty Insurance Company who ft1led to me_on the basis of satisfactory -evidence to be thfperson_whoWhame is subscribed to the within instrument and acknowledged to me that hd executed the samem�_ his authorized capacity, and that by his signature onrthe-instrumenct�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. SA81NA MORGENSTEIN Commission #2129250 Signature (Seal) 'a _= =Nary Public Oornih -= Los Ani N County Ni Tomm. Wir"ov 3, 2019 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 this 27th day of June 2018 Corporate Seals pCTO a„, ``�o��•ca,....• .RS�yo, COQ ��y sac o SU G z_ -C• _ -W. .. Bond No. 1001075726 W':_ Ela g� Y`; + s”, r l Y ;., r a- t Kio Lo, Assistant Secretary App8472.... •: ............. enc b. Y No. a*nu,ea•`" ''a�F�OiFiT�+P `` qnm nnoo:. THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT MEW CITY OF NEWPORT BEACH BOND NO, 1001075726 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,650.00 being at the rate of $ 18.00 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Jeremy Harris Construction, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this Contract consists of two project tasks and all other incidental work items necessary to complete the work in place: Project Task 1) Clearing and grubbing, securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals, water diversion plans, and dust control plans; controlling sediment and erosion; removing non-native vegetation; removing fifteen (15) large trees; filling the existing gully; grading the detention basin; furnishing and installing twenty four (24) -inch reinforced concrete pipe ("RCP"), Nyloplast drain basin, twelve (12) -inch polyvinyl chloride ("PVC") pipe; constructing two (2) concrete manholes, energy dissipator, riprap with gravel blanket, outlet structure, and concrete flared end section; removing and placing rock riprap; cleaning out an existing thirty six (36) -inch RCP; Project Task 2) installing California native plant materials pursuant to the Principal's mitigation plan, providing temporary irrigation, performing one hundred twenty (120) -day maintenance and plant establishment period, 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 American Contractors Indemnity 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 Three Hundred Thirteen Thousand Eight Hundred Seventy Four Dollars and 70/100 ($313,874,70) 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 Jeremy Harris Construction, Inc, Page - 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. 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 _27th day of June ,2018 Jeremy Harris Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 625 The City Drive So. Ste. 205 Orange CA 92868 Address Of Surety (714)740-7000 Telephone 4uthognazVhJ4gatu�rerritle Authorized gent Signature Shaunna Rozzelle Ostrom Attorney -in -Fac pOEll7 tle FROM: CITY ATTOREY'S OFFICE By: µr att�ollti ;aron C. Harp, City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Jeremy Harris Construction, Inc. Page C-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On June 29, 2018 Date personally appeared before me, Sarah Ann Zuniga- Notary Public Here Insert Name and Title of the Officer Jeremv Harris Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person4whose name(e)-is/a:e subscribed to the within instrument and acknowledged to me that hemexecuted the same in his/ Q44UQi authorized capacity(+es} and that by his/ e#thei; signature(&) on the instrument the person(s), 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 SARAH ANN ZUNIGA R paragraph is true and correct. COMM. #22064151 NOTanPUBLIC -CALIFOWAWITNESS my hand and official seal. +� . RSME COUNT Mr CoEspies J* 22, 2021 Signature Place Notary Seal and/or Stamp Above Sig ature otary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 't-2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of 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. State of California County of Orange SS. (seal) On June 27 20 18 before me, Adrian Benkert-Lanarell - Notary Public, personally appeared Shaunna Rozelle Ostrom who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADRIAN BENI(ERTtANGRELL l( COMM. #2214263 M WITNESS ipy hand and official seal. Notary Public -California ORANGE COUNTY LL My Comm. Expires Sep 15,2021 Adrian Jeremy Harris Construction, Inc. (seal) Page C-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, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Daniel Huckabay, Arturo Ayala, Dwight Reilly, Shaunna Rozelle Ostrom or Michael Castaneda of Orange, 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 *****Twenty Million***** Dollars ($ **20,000,000.00* . 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fac•t may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such 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 Resolved, 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 thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1 st day of November, 2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY - " UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY — Corporate Seals , .......... TOB°aSSUR ' hw,"ND.NO`O \Dsury - - 0: ... Com.,, `�;¢4a��y......... ,ne ' INCDSPoMTED z By -� SEPT. 25. 19W :<_ =W'/', •'V� =1r' r s Daniel P. Aguilar, Vice President F * ZTF 6F1TE�P`...+'... 11.1 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 1st 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 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. SABINA MORGENSTEIN Commission M 2129258 Signature (Seal) Notary Public - California Los Angeles County My Comm. Expires Nov 9, 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 this 27th day of June 2018. Corporate Seals o°gpCTOR'r S'r. N:,, o•iN arca''.,, �o ..c' :`'\9 , .. O'.. : e; ............ w;. •'z= - Kio Lo Assistant Secretary 1001075726 SEPT. :w', EPr.Ts.lsvD, D; \ Y ' t, Bond No. ,r;/, j,�; ;I"' ;:t =,:• Agency No. 8472 . ,,, City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT Contract No. 7109-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7109-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: y, �3,/00,." Date 951-215-0771 1951-789-0089 Bidder's Telephone and Fax Numbers 924979- Class "A" Bidder's License No(s). and Classification(s) Jeremy Harris Construction, Inc. Bidder 0_i�.4 , /J,-. , . � -President jidd�e�rr's A thorized Signature and Title 19466 Lurin Ave. Riverside, CA 92508 Bidder's Address Bidder's email address: info@jhcinc.net PR -1 City of Newport Beach Page 1 BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT (C-7109-1), bidding on April 24, 2018 11:00 AM Printed 04/24/2018 Bid Results Bidder Details Vendor Name Jeremy Harris Construction Address 19466 Lurin Avenue Riverside, CA 92508 United States Respondee Jeremy Harris Respondee Title President Phone 951-215-0771 Ext. Email info@jhcinc.net Vendor Type CADIR License # 924979 CADIR 1000001177 Bid Detail Bid Format Electronic Submitted April 24, 2018 10:21:03 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 139578 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Packet Bayview Bid Packet.pdf General Attachment Bid Bond Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Main Bid 1 Mobilization LS 1 $40,410.00 $40,410.00 2 Surface Water Control and Diversion LS 1 $1,650.00 $1,650.00 3 Traffic Control LS 1 $2,500.00 $2,500.00 4 Construction Survey LS 1 $6,000.00 $6,000.00 5 Clearing and Grubbing LS 1 $6,200.00 $6,200.00 City of Newport Beach Page 2 BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT (C-7109-1), bidding on April 24, 2018 11:00 AM Printed 04/24/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Tree Removal EA 15 $1,400.00 $21,000.00 7 Concrete Headwall Removal EA 1 $2,000.00 $2,000.00 8 Remove, Store, and Reinstall Existing Fence LF 515 $14.00 $7,210.00 9 Excavation and Detention Basin Grading CY 2220 $8.00 $17,760.00 10 Backfill and Grading Over Storm Drain Line CY 2200 $8.20 $18,040.00 11 Backfill Import CY 70 $17.00 $1,190.00 12 Imported Topsoil CY 590 $17.00 $10,030.00 13 Junction Structure Type 1 & Modified Type 1 EA 2 $5,000.00 $10,000.00 14 24" Reinforced Concrete Pipe (RCP) LF 280 $115.00 $32,200.00 15 24" RCP with Special Wall Cover LF 240 $115.00 $27,600.00 16 Concrete Pipe Collar EA 2 $1,000.00 $2,000.00 17 Concrete Outlet Structure LS 1 $12,500.00 $12,500.00 18 Energy Dissipator with Aggregate Base Blanket LS 1 $26,000.00 $26,000,00 19 1/4 -Ton Rock Riprap with 6 -inch Thick Gravel Blanket CY 21 $300.00 $6,300.00 20 Salvage of Rock Riprap LS 1 $1,000.00 $1,000.00 21 Remove Sediment and Debris in Existing 36" RCP LS 1 $5,000.00 $5,000.00 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE/ RUNOFF TREATMENT PROJECT (C-7109-1), bidding on April 24, 2018 11:00 AM Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 12" PVC Pipe (Schedule 80) LF 28 $105.00 $2,940.00 23 Nyloplast 24" Drain Basin EA 1 $2,600.00 $2,600.00 24 Concrete Flared End Section $1,100.00 $6,000.00 $3,665.20 $511.00 $988.00 $1,508.00 $7,540.00 $1,500.00 $11,732.50 $7,200.00 $10,000.00 $313,874.70 $313,874.70 Amount Type $9,450.00 $3,150.00 $6,300.00 Page 3 Printed 04/24/2018 E 25 Temporary Fencing 200 S Main St Ste 200 concrete supplier Corona, CA 92882 LS 1 26 1 -Gallon Plant Shrub 23441 South Pointe Dr Ste 190 Laguna Hills, CA 92653 EA 187 27 Cutting Plant Material 1640 Market St Corona, CA 92880 1 In't—i Ctat— EA 70 28 Hydroseeding, Mix 1 SF 12350 29 Hydroseeding, Mix 2 SF 18850 30 Weed Eradication SF 18850 31 Prepare Temporary Irrigation System Plan LS 1 32 Temporary Irrigation System SF 12350 33 120 -Day Plant Establishment and Maintenance Period LS 1 34 Permit Mitigation Requirements LS 1 Subcontractors Name & Address Description License Num Robertson's Concrete Structures and Pipe collar, 00000 200 S Main St Ste 200 concrete supplier Corona, CA 92882 United States Incompli Surface water, swppp 000000 23441 South Pointe Dr Ste 190 Laguna Hills, CA 92653 United States A Cone Zone Traffic control 8511996 1640 Market St Corona, CA 92880 1 In't—i Ctat— $1,100.00 $6,000.00 $19.60 $7.30 $0.08 $0.08 $0.40 $1,500.00 $0.95 $7,200.00 $10,000.00 Subtotal Total CADIR 10000039563 1000018216 1000006625 City of Newport Beach BAYVIEW HEIGHTS DRAINAGE / RUNOFF TREATMENT PROJECT (C-7109-1), bidding on April 24, 2018 11:00 AM Bid Results Name & Address Description License Num CADIR GLC Landscaping Landscaping, planting, 956672 1000044007 P.O. Box 1652 irrigation system Yucaipa, CA 92399 Weed eradication United States Maintenance Canyon Hydroseeding Hydroseeding 1 & 2 783677 1000013986 3410 La Sierra Ave. F189 Riverside, CA 92503 United States Tip Top Arborist Tree removal 821770 1000004077 44107 Yucca Ave. Lancaster, CA 93534 United States Lopez Construction Build structures 890389 1000017840 901 E Third Street Build collars Ste Al Corona, CA 92879 United States Michael Baker International Surveyor 6052 1000004231 5 Hutton Centre Drive Ste 500 Santa Ana, CA 92707 United States Hemet Fence Corporation Fence 1000432 1000006953 P.O. Box 619 Homeland, CA 92548 United States Reliant Testing Engineers, Concrete cylinders 214 1000008188 Inc. Geotechincal services 3039 S. Harbor Blvd Entire job Santa Ana, CA 92704 United States Page 4 Printed 04/24/2018 Amount Type $34,650.00 $3,148.00 $22,050.00 $53,550.00 $6,300.00 $13,000.00 $6,300.00 SP 1 OF 30 j Q�oress�oy�t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT` z SPECIAL PROVISIONS No 4 0 r/ m �l' Expl/l> BAYVIEW HEIGHTS DRAINAGE RESTORATION PROJECT s� CIV0. �P PROJECT NO. 15X11 ATF OF CiN \FOS CONTRACT NO. C-7109-1 Funding for this project has been provided in full or in part through an agreement with Orange County grant funding. The contents of this document do not necessarily reflect the views and policies of The County of Orange, nor does mention of trade names or commercial products constitute endorsement or recommendation use. INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Drawings (Drawing No. D -5394-S, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (Latest Edition), including Supplements, (4) Standard Specifications for Public Works Construction (2015), including supplements, Orange County Public Works Standard Plans (Latest Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 990 Park Center Drive, Suite E, Vista, CA 92081, 1-888-BNI-BOOK. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2—SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of two Project Tasks and all other incidental work items necessary to complete the work in place. Project Task 1: Work includes clearing and grubbing; securing a material layout area; controlling surface water; performing construction surveying; furnishing all submittals and construction items; providing traffic control submittals, water diversion plans, and dust control plans; controlling sediment and erosion; removing non-native vegetation; removing 15 large trees; filling the existing gully; grading the detention basin; furnishing and installing 24 -inch RCP, Nyloplast drain basin, 12 -inch PVC pipe; constructing two concrete manholes, energy dissipator, rip -rap with gravel blanket, outlet structure, and concrete flared end section; removing and Revision Date: 3/21/2018 Bayview Heights Drainage Restoration SP2OF30 placing rock riprap; cleaning out an existing 36 -inch RCP; and all other work as required to complete the project in place. Project Task 2: Work includes installing California native plant materials per mitigation plan, providing temporary irrigation, performing 120 -day Maintenance and Plant Establishment Period, and all other work items to complete the project in place." 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Add to this section: The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. 2-9.2 Survey Service. Add to this section: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide construction survey services that are required to construct the improvements. The Contractor shall be aware that the existing topography may vary from the topography shown on the drawings. Any discrepancies that affect the construction of the project improvements shall be brought to the attention of the Engineer prior to construction. The design surveyor for this project is Michael Baker International (Bill Cox) and can be contacted at (949) 472-3505. At a minimum, two (2) sets of staking for all areas shall be included in the bid price and copies of each set shall be provided to Engineer 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work, the Contractor shall prepare and submit the Corner Records for review by the Engineer a minimum of three working days before the start of the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor will be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. SECTION 3—CHANGES IN WORK 3-3 EXTRA WORK. 3-3.2 Payment. 3-3.2.3 Markup. Replace this section with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor .............................................. 15 Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP3OF30 2) Materials ........................................ 15 3) Equipment Rental ......................... 15 4) Other Items and Expenditures .... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4—CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.2 Protection of Work and Materials Add to this section: "The Contractor shall propose the final location of the construction staging area for storing and layout materials and equipment by submitting a written request to the Engineer. The Contractor shall submit a plan for City review at least fifteen (15) working days prior to when the construction staging area is needed. The Engineer will review the request with the adjacent landowner, if necessary, and respond within five (5) working days upon receipt. Regardless of whether the requested Construction Staging Area is accepted or rejected, no extra compensation or time extension shall be made therefor to the Contractor. The Contractor shall store all equipment and materials at the Construction Staging Area except for the material and equipment that is to be utilized the following workday. Contractor shall be responsible for staging area security. Any relocation of the equipment maintenance yard by the Contractor shall be done at no expense to City. Contractor shall pay strict adherence to the acceptable operation hours and make all possible efforts to limit noise and exposure of equipment to existing residences. The Contractor shall maintain at his expense a clean and safe passage to the entrance/exit of the Construction Stage Area. The staging area and the access to and from it shall be fenced off and the access road shall be all weather accessible. The Construction Staging Area is subject to all applicable Agency requirements (RWQCB, EPA, OSHA, etc.). The Contractor shall consider the Construction Staging Area as an active part of the project area and control of release of sediment, erosion, dust, excess noise, hazardous materials and take measures for protection of sensitive habitat and wildlife. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP4OF30 4-1.3 Inspection Requirements. 4-1.3.1 General. Add to this section: All material and articles furnished by Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of Contractor's readiness for inspection. Submittals are required for all construction material. City will provide geotechnical inspection and compaction testing. Contractor shall provide the services of a geotechnical engineering firm, to be approved by the Engineer, for review of temporary excavation requirements and subsurface conditions for the placement of Unclassified Fill. 4-1.4 Test of Materials. Add to this section: Unless otherwise noted, 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 Contractor. SECTION 5—UTILITIES 5-1 LOCATION. 5-1.1 General. Add the following after the third paragraph: "Upon completion of the work or phase of work, Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add to this section: "Contactor shall protect the existing sewer lines in place. Any damage to the existing sewer lines shall be the sole responsibility of Contractor including all other losses that may occur as a result of the damage." 5-4 RELOCATION. Add to this section: "Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments if any are tampered with during the construction. The Contractor shall contact Southern California Edison, The Gas Company, AT&T, cable television, and other utilities to have existing utilities adjusted to finish grade if any of such utilities is impacted by the project. The Contractor shall coordinate with each utility company for the adjustment of their facilities." Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP5OF30 SECTION 6 --PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. 6-1.1 Construction Schedule. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the Notice to Proceed. No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, all submittals, are received and approved, availability of all materials is verified, and a schedule of work has been approved by the Engineer. Contractor shall submit a construction schedule to the Engineer for approval a minimum of ten working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve 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." 6-7 TIME OF COMPLETION. 6-7.1 General. Add to this section: "Contractor shall complete all construction work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The maintenance and plant establishment period is 120 consecutive calendar days and shall commence after the Engineer has accepted the work as complete. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7 for completion of the work, Contractor shall pay to the City or have withheld from moneys due it, the daily sum of five hundred dollars and no/100 ($500.00)." Revise paragraph two, sentence one, to read: "Execution of Contract shall constitute agreement by City and Contractor that five hundred dollars and no/100 ($500.00) per day is the minimum value of the costs and actual damage caused by the failure of Contractor to complete Work within the allotted time." Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 6 OF 30 The intent of this section is to emphasize to Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public due to construction operations. Add the following after the second paragraph: "During the 120 -day Maintenance and Plant Establishment period, if the site is not weeded within one week of achieving the Weed Control criteria specified in Section 801-6, a penalty of liquidated damages equal to five hundred dollars and no/100 ($500.00) per day will be imposed on Contractor by City after the seventh day." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-5 PERMITS. Add to this section: "As this is an open space area very close to Newport Bay, there are a number of regulatory agencies that are interested in protecting biological resources and preventing water quality impacts. As such, the City is in the process of obtaining and/or finalizing the following agency permits and other approvals for this project to construct the restoration improvements as shown on the construction documents including Department of the Army Corps of Engineers Nationwide Permit, California Regional Water Quality Control Board Permit (401 Certification, California Department of Fish & Wildlife 1602 Streambed Alteration Agreement, and California Coastal Commission Coastal Development Permit. The permit conditions will in general require that the construction area be kept tidy and during construction activities, reasonable care is taken to protect biological resources adjacent to the construction site. The Engineer will provide direction as needed. Copies of all permits will be provided to the Contractor when permits are received. Copies of the permits shall be kept on the site at all times during construction." 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. Contractor shall give the City seven calendar days' notice of the time he desires the shutdown of facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the 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 City of Newport Beach, Utilities Department. City must approve any nighttime or Saturday work in advance. Contractor shall provide and install new water meter and valve boxes if existing boxes are damaged or destroyed for the duration of the project. Existing water meter or valve box frames and covers shall be salvaged if possible. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street, Newport Beach, CA. Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Casey Park, Utilities Supervisor, at (949) 718-3422." Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP7OF30 Add the following to this section: "7-7.2 Protection of Site Resources. Sensitive plant and animal species, as well as artifacts of archeological interest, may be discovered during the clearing/grubbing, mass grading or excavations. The City will hire monitors to assist the Contractor in spotting and protecting these resources. In the event something of potential value is discovered, the Contractor shall immediately cease operations in that area and immediately notify the Engineer. The Contractor will not be penalized for delays associated with these work stoppages." 7-8 WORK SITE MAINTENANCE. 7-8.1 General. Add to this section: "If Contractor elects to use City water, Contractor shall arrange for a meter and tender an $813.00 meter deposit with City. Upon return of the meter to City, the deposit will be returned to Contractor, less a quantity charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. All steel plates utilized shall be the slip resistant type per Caltrans Standards. In addition, steel plates be pinned and recessed flush with existing pavement surface." 7-8.6.2 Best Management Practices (BMPs). Add to this section: "Contractor shall submit surface water diversion plans for review and approval by the Engineer before the Contractor will be allowed to move on site." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Contractor access to the lower portion of the project site shall be along the existing Upper Newport Bay access road. The Upper Newport Bay access roadway is accessed from the end of Mesa Drive through a chain -locked entrance. The extension of Mesa Drive then connects at the bottom of hill onto the Upper Newport Bay access road. The Mesa Road extension and the Upper Newport Bay access road are actively used by hikers and bicyclists, and occasionally by State, County and City vehicles. The access roads shall be maintained in a clear and clean manner. The roads shall be cleaned on a daily or more frequent basis to meet this requirement. Access to vehicles, bicyclists and hikers along these roadways shall be maintained at all times except for those short periods of time when the Contractor must transport equipment down to the lower portion of the project site. Except for concrete mixing trucks, equipment shall not park on the roadway. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP8OF30 When the road is being used by the Contractor, Contractor shall provide a minimum of two flaggers at all times. The flaggers shall be certified in accordance with State, County and City requirements. Contractor shall provide signage at the entrances to the access roads indicating potential delays due to temporary closures. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.2)." 7-10.2 Storage of Equipment and Materials in Public Streets. Add the following section: "7-10.2.1 Staging and Storage on County or Residential Property. Construction materials and equipment may be stored on County or residential property only with approvals by the Engineer and the applicable owner(s). 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. The Contractor shall propose the final location of the by submitting a written request to the Engineer. The Contractor shall submit a construction staging and storage plan to the Engineer for review at least ten working days prior to when the construction staging area is needed. The Engineer shall review the request with the adjacent landowner if necessary and respond within five working days upon receipt.. Regardless of whether the requested staging and storage area is accepted or rejected, no extra compensation or time extension shall be made therefor to the Contractor. 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. Engineer may require new base and pavement if the condition of any pavement areas have been compromised during construction. The laydown area shall not be used for storage of material from the clearing and grubbing. The Contractor shall store all equipment and materials at the construction staging and storage area except for the material and equipment that is to be utilized the following workday. Contractor shall be responsible for staging area security. Contractor shall pay strict adherence to the acceptable operation hours and make all possible efforts to limit noise and exposure of equipment to existing residences. The construction staging and storage area is subject to all applicable Agency requirements (RWQCB, EPA, OSHA, etc.). The Contractor shall consider the construction staging and storage area and active part of the project area and control of release of sediment, erosion, dust, excess noise, hazardous materials and take measures for protection of sensitive habitat and wildlife." 7-10.3 Street Closures, Detours, Barricades. Add to this section: "The Contractor shall submit to the Engineer at least five working days prior to the pre -construction meeting, a traffic control plan for roadways to and around the project site including the access roadways. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP9OF30 from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control plan shall meet the following requirements: 1) Emergency vehicle access shall be maintained at all times. 2) The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3) All advanced warning sign installations shall be reflectorized and/or lighted. 4) Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, Mr. Keith Hinckley, at (949) 718-3466 and all affected property owners. 7-10.4 Safety 7-10.4.2 Safety Orders. 7-10.4.2.1 General. Add to this section: Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and 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 City's Representative to conduct construction review or observation of Contractor's performance shall not include review or observation of the adequacy of Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices. 7-10.5.1 General. Add to this section: Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 10 OF 30 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Ten (10) working days prior to starting work, Contractor shall deliver a written construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. City will provide the notice to Contractor. Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by City, but shall be completed and distributed by Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by City. 7-15 CONTRACTOR'S LICENSES. Include this section: "At the time of the award and until completion of work, the Contractor shall possess a "Class A" License. The Contractor shall have recent underground pipeline construction experience working on public sector projects (city, county or state public works departments, water agencies or sanitation agencies) with construction experience comparable to the subject project. Note that tasks under Project Task 2 require the Contractor, or one of its Subcontractors, to possess a "Class C-27" License. At the start of work and until completion of work, -the Contractor and all Sub- contractors shall possess a Business License issued by the City of Newport Beach. The Contractor also shall have experience in performing all the components of this project." 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. Include this section: A stamped set of approved drawings and specifications shall be on the job site at all times. In addition, 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 bill is submitted. The "As -Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 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. SECTION 9 --MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 11 OF 30 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: PROJECT TASK 1 ITEMS: Item No. 1- Mobilization: Work under this item shall include, but not limited to, providing bonds, insurance, submittals, and financing information; establishing a field office; mobilizing; furnishing and installing construction signage; preparing the construction and material delivery schedule; coordinating with other agencies and utilities; notifying businesses and residents; attending all coordination meetings; keeping photographic and video records of project site; demobilization including removal of USA markings; providing required documentation; and all other related work as required by the Contract Documents. The cost for this item shall be limited to six percent of the total cost. Item No. 2 - Surface Water Control and Diversion: Work under this item shall include, but not limited to, preparing a storage/layout area plan and surface water diversion plans, preparing/providing all required submittals, installing all BMPs, and all other work items required to complete the work in place. Storage/layout area plans and surface water diversion plans shall be submitted and approved by the Engineer before the commencement of Work. Item No. 3 - Traffic Control: Work under this item shall include, but not limited to, preparing a traffic control plan, delivering all required notifications and temporary parking permits, posting signs, notifying residents, and preparing/providing all required submittals, and all other work items required to complete the work in place. In addition, this item includes providing the traffic control per W.A.T.C.H. Manual (latest edition) and City of Newport Beach requirements including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, and flag persons. Item No. 4 -Construction Survey: Work under this item shall include, but not limited to, providing survey services in accordance with Section 2-9. Item No. 5 - Clearing and Grubbing: Work under this item shall include, but not limited to, removing and disposing of all bushes, shrubs, stumps, roots, concrete, and any other objectionable material, removing other native or non-native material to accommodate the project improvements as required to complete the work in place, disposing of removed materials (including obtaining all necessary haul permits and payment of all disposal fees), and all other work items required to complete the work in place. Interfering portions of trees, shrubs and other vegetation over or within the Temporary Construction Easement (TCE) limits as shown on the construction drawings shall be trimmed or Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 12 OF 30 removed by the Contractor when required to maintain access to the construction area or as directed by the Engineer. Where the grading plane is above natural ground, all trees, stumps and roots shall be completely removed where necessary for placement of structures, trenches or removal of unsuitable material. Clearing and Grubbing shall be limited to the area within excavation, remedial, and embankment slope rounding lines and within two feet of ditches, structures, or other items to be constructed (and completely within the limits of the TCE). All other vegetation outside clear and grub areas shall be protected in place from damage resulting from the Contractor's operations. The item also includes protecting items in place, including and not limited to, trees and property fencing per construction drawings. All debris shall be properly disposed of offsite. [Construction Note (CN) #1] Item No. 6 - Tree Removal: Work under this item shall include, but not limited to, removing and disposing of all fifteen (15) trees as shown on the construction drawings, removing and disposing of all stumps, roots, and foliage, as well as any other objectionable material apart of the marked trees, excavation, backfill and compaction, removal of any other native or non-native material to accommodate the project improvements as required to complete the work in place, disposal of removed materials (including obtaining all necessary haul permits and payment of all disposal fees), and all other work items required to complete the work in place. Where the grading plane is above natural ground, all trees, stumps and roots shall be completely removed where necessary for placement of structures, trenches or removal of unsuitable material. All debris shall be disposed of offsite at a location approved by the Engineer. [CN #2] Item No. 7 _Concrete Headwall Removal: Work under this item shall include, but not limited to, removing and disposing of the existing concrete headwall as shown on the construction drawings, sawcutting, excavation and removal of any other objectionable material, and any other native or non-native material to accommodate the project improvements as required to complete the work in place, disposal of removed materials (including obtaining all necessary haul permits and payment of all disposal fees), and all other work items required to complete the work in place. The item also includes protecting in-place the existing 24 -inch reinforced concrete pipe. All debris shall be properly disposed of offsite. [CN #31 Item No. 8 - Remove, Store, and Reinstall Existing Fence: Work under this item shall include, but not limited to, removing interfering portions of the existing fences, excavating and removing fence posts or gates, backfilling and compaction, replacing fencing, disposing of removed materials (including obtaining all necessary haul permits and payment of all disposal fees), and all other work items required to complete the work in place. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 13 OF 30 Before removing any fencing, Contractor shall notify the Engineer if any portion of the existing fence is not salvageable. All debris shall be property disposed of offsite. [CN #4] Item No. 9 _Excavation and Detention Basin Grading: Work under this item shall include, but not limited to, excavation involved in the preparation, grading, and construction of the detention basin, grading of the basin slope embankments, removal of any other objectionable material, and any other native or non-native material to accommodate the project improvements as required to complete the work in place, controlling ground or surface water, backfill and compaction to achieve slope stability and grades, geotechnical services, disposal of removed materials (including obtaining all necessary haul permits and payment of all disposal fees), and all other work items required to complete the work in place. All debris shall be disposed of offsite at a location approved by the Engineer. Work under this item shall follow the limits of grading and details on the construction drawings. Whenever reference to finished grade is made, it shall be considered the finished surface of the completed facility. It is estimated that the grading of the project site will generate approximately 2,220 cubic -yards of unclassified excavation and require 2,290 cubic -yards of unclassified fill and 590 cubic yards of Class A topsoil. The contractor may stockpile and reuse on-site the unclassified excavation generated from the detention basin grading with approval from the Engineer. [CN #5] Item No. 10A - Backfill and Grading Over Storm Drain Line: Work under this item shall include, but not limited to, placement of on-site fill material required to construct finished lines and grades within the grading limits shown on the construction drawings, controlling ground or surface water, compacting, geotechnical services, and all other work items required to complete the work in place. Excavated soil material in Item No. 9 may be used as fill with approval from the Engineer. Before placing material for compacted fill, the surfaces shall be cleared of all existing obstructions, vegetation, and debris. Unsuitable material shall be removed as directed by Engineer and the removal bottom surfaces scarified to a depth of 6 inches before placing the fill. Fill material shall be compacted in 8 -inch horizontal layers such that the compaction equipment will be brought to bear on the full width and depth of the fill layer. [CN #6] Item No. 10B - Backfill Import: Work under this item shall include, but not limited to, placement of import fill material required to construct finished lines and grades within the grading limits shown on the construction drawings, the import of native fill material to the project site from an offsite location (including obtaining all necessary haul permits), controlling ground or surface water, backfilling, compacting, geotechnical services, and all other work items required to complete the work in place. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 14 OF 30 Item No. 11— Imported Topsoil: Work under this item shall include, but not limited to, excavation or placement of Class "A" topsoil material required to construct finished lines and grades within the grading limits shown on the construction drawings, testing soil per the requirements of Section 800-1.2.4,the import of topsoil material to the project site from an offsite location (including obtaining all necessary haul permits), controlling ground or surface water, backfilling, compacting, geotechnical services, and all other work items required to complete the work in place. Note: This task includes performing the Agronomic Soil Testing outlined in Section 800- 1.2.4. In the event there is any surplus of excavated soil material in Item No. 9, it may be considered for use as topsoil, with approval from Engineer, if it is amended per the requirements of the soils report. Before placing material for topsoil, the surfaces shall be cleared of all existing obstructions, vegetation, and debris. Unsuitable material shall be removed as directed by Engineer and the removal bottom surfaces scarified to a depth of 6 inches before placing the topsoil. Topsoil material shall be compacted in horizontal layers such that the compaction equipment will be brought to bear on the full width and depth of the topsoil layer. [CN #6] Item No. 12 - Junction Structure -Type I & Modified Type I: Work under this item shall include, but not limited to furnishing all labor, materials, tools, equipment and incidentals; and providing submittals, procuring, approving, delivering, storing, and construction of the reinforced concrete junction structures per the limits and details on the construction drawings, excavation, shoring, bracing, forming, reinforcement steel, concrete, finishing, curing, backfill, compaction, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Junction Structure -Type I shall conform Orange County Public Works Standard Plan No. 321-2 and as shown on the construction drawings. Junction Structure -Type I (Modified) shall conform to OC Public Works Standard Plan No. 321-2 and additional details on the construction drawings. [CN #7 & 18] Item No. 13 - 24" Reinforced Concrete Pipe (RCP): Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and pipe placement per limits and details shown on the construction drawings, excavation, shoring, bracing, bedding, backfill, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Reinforced concrete pipe shall be of the size and strength designated as shown on the construction drawings. Bedding for the reinforced concrete pipe shall conform to OC Public Works Standard Plan No. 1319, and as specified on the plans. Bedding placed in excess of the Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 15 OF 30 limits shown on OC Public Standard Plan No. 1319 and for the convenience of Contractor shall not be subject to any additional compensation. [CN #8] Item No. 14 - 24" Reinforced Concrete Pipe (RCP) with Special Wall Cover: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and pipe placement per limits and details shown on the construction drawings, excavation, shoring, bracing, bedding, backfill, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. The special wall RCP shall be of the size and strength designated as shown on the construction drawings. A minimum of one and one-half inch (1%") steel clearance on the inside surface shall be used in accordance to contract plans. Bedding for the reinforced concrete pipe shall conform to OC Public Works Standard Plan No. 1319, and as specified on the plans. Bedding placed in excess of the limits shown on OC Public Standard Plan No. 1319 and for the convenience of Contractor shall not be subject to any additional compensation. [CN #8] Item No. 15 - Concrete Pipe Collar: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and constructing the concrete collars per limits and details on the drawing, excavation, shoring, bracing, backfill, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Contractor shall construct concrete collars per OC Public Works Standard plan No. 380-4 where shown on the construction drawings and details sheets. [CN #9] Item No. 16 - Concrete Outlet Structure: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and constructing the reinforced concrete outlet structure per limits and details on the construction drawings including, excavation, shoring, bracing, forming, reinforcement steel, concrete, finishing, curing, application of Natina Desert Varnish on visible surfaces as specified in 303-1.9.1, backfill, compaction, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Bedding and compaction under concrete slab shall be per geotechnical recommendations. Before constructing, removal of sediment and debris within the existing 36" RCP is required (Item No. 18). [CN #101 Item No. 17 - Energy Dissipator with Aggregate Base Blanket: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and constructing the reinforced concrete energy dissipator with 2 -foot thick Aggregate Base blanket Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 16 OF 30 per the limits and details on the drawings including, excavation, shoring, bracing, forming, reinforcement steel, concrete, finishing, curing, application of Natina Desert Varnish on visible surfaces as specified in 303-1.9.1, backfill, compaction, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. The Energy Dissipator shall conform to the Standard Plans for Public Works Construction No. 384- 3 and additional details on the construction drawings. [CN #11] The concrete slab of the impact structure should be underlain by a 2 -foot thick blanket of Aggregate Base compacted to at least 90% relative compaction. Item No. 18 - %-Ton Rock Riprap with 6 -inch Thick Gravel Blanket: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and placement of un -grouted %-ton rock riprap per gradation shown on drawings with 6 -inch thick gravel blanket underlain with Mirafi 110ON filter fabric, , excavation, backfill, compaction, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Placement of %-Ton Rock Riprap shall conform to OC Public Works Standard Plan 1809 and limits and details shown on the construction drawings. [CN #12] The Mirafi 110ON filter fabric (or approved equivalent) shall underlie the entire bottom of the gravel blanket, extend up the sides of the gravel, and fold over the top of the gravel blanket a minimum distance of 3 feet. Item No. 19 - Salvage of Rock Riprap: Work under this item shall include, but not limited to, removing existing rock riprap around the existing 36 -inch RCP near Back Bay Loop Trail, stockpiling of rock riprap on-site, replacement of rock riprap, excavation, backfill, compaction, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Existing rock riprap located around the existing 36 -inch RCP may be salvaged and replaced around the Outlet Structure (Item No. 14) if it is deemed suitable for reuse by the Engineer. Salvaged rock riprap found on-site shall not be used at the exit of the Energy Dissipator. Placement of %-Ton Rock Riprap shall conform to OC Public Works Standard Plan 1809 and limits and details shown on the construction drawings. [CN #13] Item No. 20 - Remove Sediment and Debris in 36" RCP: In addition to Item No. 1 Clearing and Grubbing, work under this item shall include, but not limited to, clean out of the existing 36 -inch RCP near the trail, controlling ground or surface water, removal of interfering objects, and all other work items required to complete the work in place. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 17 OF 30 Cleaning of the 36 -inch RCP shall be done mechanically without flushing. Access to the 36 -inch RCP will be limited at the upstream end of the pipe. [CN #141 Item No. 21-12" Polyvinyl Chloride (PVC) Pipe (Schedule 80): Work underthis item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and installing the 12 -inch PVC pipe per limits and details on the construction drawings, excavation, shoring, bracing, bedding, backfill, controlling ground or surface water, removal of interfering objects, all necessary fittings, and all other work items required to complete the work in place. PVC pipe shall be of the size and strength designated as shown on the construction drawings. Bedding for the PVC pipe shall conform to OC Public Works Standard Plan No. 1319, and as specified on the plans. Bedding placed in excess of the limits shown on OC Public Standard Plan No. 1319 and for the convenience of Contractor shall not be subject to any additional compensation. [CN #15] Item No. 22 - Nyloplast 24" Drain Basin: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and installing the Nyloplast 24 - inch polyvinyl chloride (PVC) drop inlet with 24 -inch ductile iron Dome Grate and 24 -inch Dome Locking Grate Assembly, or approved equal, per the limits and details on the drawings, connection to 12 -inch PVC pipe, excavating, controlling ground or surface water, backfilling, compacting, removal of interfering objects, and all other work items required to complete the work in place. Excavation, backfilling, compaction, and installation of the drain basin, dome grate, and grate locking assembly shall follow the manufacture's recommendations. [CN #16] Item No. 23 - Concrete Flared End Section: Work under this item shall include, but not limited to providing submittals, procuring, approving, delivering, storing, and constructing a concrete flared end section per limits and details on the drawings, including, excavation, shoring, bracing, forming, concrete, finishing, curing, application of Natina Desert Varnish on visible surfaces as specified in 303-1.9.1, connection to 12 -inch PVC pipe, controlling ground or surface water, backfilling, compacting, removal of interfering objects, and all other work items required to complete the work in place. Concrete flared end section shall conform to California Department of Transportation (Caltrans) Standard Detail D94B. [CN #17] Item No. 24 — Temporary Fencing: Work under this item shall include, but not limited to furnishing and installing temporary fencing around the entire project site and all other work items required to complete the work in place. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 18 OF 30 PROJECT TASK 2 ITEMS: Item No. 25 - 1 -Gallon Plant Shrub: Work under this item shall include, but not limited to, providing plant and photographic submittals, procuring, approving, delivering, storing and installing 1 -gallon plant materials as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, forming water basin and top dressing with mulch, and all other work items required to complete the work in place. Item No. 26 - Cutting Plant Material: Work under this item shall include, but not limited to, providing plant and photographic submittals, procuring, approving, delivering, storing and installing plant material as specified in these construction documents including spotting, excavating plant pits, providing and installing backfill and plant supplements, forming water basin and top dressing with mulch, and all other work items required to complete the work in place. Item No. 27 - Hydroseeding Seeding Mix 1: Work under this item shall include, but not limited to, procuring, delivering, storing and applying hydroseed Mix 1 and required hydroseed materials as specified in these construction documents, and all other work items required to complete the work in place. Item No. 28 - Hydroseeding Seeding Mix 2: Work under this item shall include, but not limited to, procuring, delivering, storing and applying hydroseed Mix 2 and required hydroseed materials as specified in these construction documents, and all other work items required to complete the work in place. Item No. 29 - Weed Eradication: Work under this item shall include, but not be limited to, watering all planted areas for 21 days to germinate weed seeds, application of approved herbicide and removal of dead weeds and disposal off-site, and all other work items required to complete the work in place. Item No. 30 - Prepare Temporary Irrigation System Plan: Work under this item shall include, but not be limited to, full compensation for furnishing shop drawings per Section 801-5 Irrigation System Installation for review and approval by the Engineer for a complete and operable irrigation system showing connection to an existing domestic water source, system layout with ball valves, quick couplers, remote control valves, master valve, flow sensor, valve boxes, and irrigation controller. The temporary irrigation system shall be prepared to meet the City's Design Standards for the Implementation of the Water Efficient Landscape Ordinance February 2016. Item No. 31 -Temporary Irrigation System: Work under this item shall include, but not be limited to, providing a complete and operable irrigation system as specified in these construction documents including connecting to existing domestic water source and backflow preventer, layout, excavation, assembly, backfilling, testing and as -building of system for all piping, sleeving, Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 19 OF 30 ball valves, quick couplers, remote control valves, valve boxes, irrigation controller, all wire from controller to remote control valves, master valve and flow sensor, and all other work items required to complete the work in place. Item No. 32 - 120 -Day Plant Establishment and Maintenance Period: Work under this item shall include, but not limited to, performing the work required for plant establishment and plant maintenance as specified in these construction documents. This work shall not commence until Project Task 1 and all other items in Task 2 are complete and accepted as determined by the Engineer. Item No. 33 — Permit Mitigation Requirements: Work under this item shall be for performing additional tasks, as defined by the Engineer, to implement permit mitigation requirements to protect nesting birds, or sensitive bird or animal species, found in the vicinity of the project area during required biological monitoring. No work shall be performed under this task without written authorization by the Engineer. A set cost of $10,000 has been established for this item. 9-3.2 Partial and Final Payment. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 3 CONSTRUCTION METHODS SECTION 300—EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.3 Removal and Disposal of Materials. 300-1.3.1 General. Add to this section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request. The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Engineer must approve final removal accomplished by other means. Contractor shall maintain the job site in a clean and safe condition. Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 20 OF 30 300-1.5 Solid Waste Diversion. Add this section: "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. Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at any landfill. Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility." SECTION 303 --CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES. 303-1.9 Surface Finishes. 303-1.9.1 General. Add to this section: Natina Desert Varnish shall be used on visible finished concrete structures including the concrete flared end section, storm drain manholes, energy dissipator structure, and weir outlet structure. Sufficient layers shall be applied until concrete resembles surrounding area. PART 8 LANDSCAPING AND IRRIGATION SECTION 800—MATERIALS 800-1 LANDSCAPING MATERIALS. 800-1.1 Topsoil. 800-1.1.1 General. Add to this section: Unless otherwise specified on the Drawings or required by the City, imported soil shall be Class "A" topsoil in accordance with the requirements of 212-1.1.2. 800-1.2 Soil Fertilizing and Conditioning Materials. 800-1.2.4 Organic Soil Amendment. Replace this section with the following: SOIL TESTING Soil samples shall be taken from a minimum of three samples for the project area to represent an adequate cross-section of conditions as determined by the Engineer. Samples shall be taken after the grading is complete. Soil tests shall be performed by an approved soil testing laboratory such as Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245, telephone number (310) 615-0116, contact Garn Wallace. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 21 OF 30 Inform the testing laboratory that proposed plantings include native plants and seed for the purpose of restoration. The test shall indicate, but not be limited to the following: Organic matter content; N, P, K; pH; EC; soil texture (i.e., silt, clay, sand); recommendations for amendments, leaching, and maintenance fertilizations. The results and recommendations of soil testing laboratory shall be submitted to the City for review and approval. Costs associated with the soil testing will be the responsibility of Contractor. Products specified by product name in the soil testing laboratory recommendations may be substituted with equal products approved by the Engineer. 800-1.2.5 Mulch. Replace this section with the following: Unless otherwise specified, mulch shall consist of shredded wood chips, or shredded tree bark, or any combination thereof, at Contractor's option. Mulch materials produced from pine trees grown in Alameda, Monterey, Santa Clara, Santa Cruz, or San Mateo counties shall not be used. Wood chips shall be manufactured from clean wood. The particle size of the chips shall be between one and one-half inch (1-1/2") and three inches (3") in length, and not less than 3/8 - inch in width and 1/16 -inch in thickness. Chips produced from tree trimmings that contain leaves or small twigs will not be accepted. Tree bark shall have a particle size between one-half inch (1/2") and one and one-half inches (1- 1/2") and shall be free of salt and foreign materials such as clods, coarse objects, sticks, rocks, weeds, or weed seeds. Shredded bark shall be a mixture of shredded bark and wood; shall have a particle size between 1/8 -inch (1/8") and one and one-half inches (11/2") in thickness and one inch (1") to eight inches (8") in length; and shall be free of salt and deleterious materials such as clods, coarse objects, and rocks. 800-1.4 Plants. 800-1.4.1 General. Add to this section: All plants furnished by Contractor shall be true to type and name as shown on the mitigation Drawings, and shall be tagged in accordance with the standard practice recommended by the Agricultural Code of the State of California. However, determination of plant species or variety shall be made by the Engineer, whose decision shall be final. Prior to plant and tree procurement, Contractor shall submit representative photographs of each material along with nursery information for approval. Plants shall be subject to inspection and approval or rejection by the City at place of growth and/or upon delivery to the site at any time before or during progress of the work. Inspections Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 22 OF 30 shall include: a) Quantity, quality, size, and variety; b) Ball and root condition; c) Latent defects and injuries resulting from handling, disease and insects; and installation. d) Uniformity of plant materials. Contractor shall notify the Engineer forty-eight (48) hours before the delivery of plant material, so the plants can be inspected prior to planting. Replacement material must be purchased from the same nursery and must originate from the same collection sources as the original material. If additional material is required, then arrangements shall be made with the nursery and Engineer to secure the material in a timely manner. Plants shall be of the variety and size specified on Contract and shall conform to the requirements of these Specifications. Any substitutions shall be approved in writing by the Engineer. The Engineer shall notify Contractor of any changes at least 72 hours prior to Contractor taking delivery of plant material. Plants shall be healthy, vigorous, free from plant disease, insect pests or their eggs, excessive abrasions or other objectionable disfigurements, and shall have healthy, normal root systems, well -filling their containers, but not to the point of being root -bound. Tree trunks shall be sturdy and well hardened off. Plants shall not be pruned or topped prior to delivery. Each plant shall be handled and packed in the approved manner for that species or variety, and all necessary precautions shall be taken to insure that the plants will arrive at the site of the work in proper condition for successful growth. Trucks used for transporting plants shall be equipped with covers to protect plants from windburn. Plants shall be individually tagged or tagged in groups by species or variety. All plants shall comply with Federal and State laws requiring inspection for plant diseases and infestations. Inspection certificates required by law shall accompany each shipment of plants, and certificates shall be delivered to the City. Contractor shall obtain clearance from the County Agricultural Commissioner, as required by law, before planting plants delivered from outside the County in which they are to be planted. 800-2 IRRIGATION MATERIALS. 800-2.2 Valves and Valve Boxes. 800-2.2.1 General. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 23 OF 30 Valves shall be the type and size shown on the plans. Rubber diaphragms shall be EPDM or approved by Engineer. 800-2.2.7 Valve Boxes. Delete the section and replace with the following: "Valve boxes shall be plastic composite with locking lid, size and shape to provide clearances from valve as indicated." Valve boxes shall be heat branded with 2 -inch letters denoting the type of valve housed within, per the following: Heat Brand Valve Type MV Master Valve RCV, # Remote Control Valve, Valve Number FS Flow Sensor BV Ball Valve QC Quick Coupler 800-3 ELECTRICAL MATERIALS. 800-3.3 Controller Unit. Add to this section: "The irrigation controller shall be the type, size, and location shown on the plans. The irrigation controller shall be equipped with flow sensor, radio and antenna, and set up to communicate with the City irrigation management system. Contractor shall coordinate with City Staff to insure appropriate installation and programming." SECTION 801 ---INSTALLATION 801-1 GENERAL. All combustible materials, trash, debris, and other waste materials from any construction operations shall be legally disposed of outside the project site. Contractor shall protect all existing structures or facilities that are adjacent to or fall within the limits of the Work to be done under this contract. Any structure or facility to be protected, which is damaged as a result of Contractor's construction operation shall be replaced by Contractor at his/her cost, to the satisfaction of the Engineer. The City will review the site preparation and must indicate approval to Contractor before planting or seeding may commence. Contractor must give the City at least 72 -hour notice before a site review. 801-2 EARTHWORK AND TOPSOIL PLACEMENT. 801-2.4 Weed Abatement Prior to Planting. Add this section: "Upon completion of the fine grading work and prior to planting and seeding, Contractor shall perform weed control measures as follows: Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 24 OF 30 1) Irrigate all areas designated to be planted for twenty-one (21) calendar days at a rate required to maximize germination of weed seed to the greatest extent possible. 2) Apply weed killer approved by the Engineer and per manufacturer's recommendation. Allow sufficient time, a minimum of seven (7) days, for complete kill of all germinated weeds. The Engineer shall direct Contractor regarding the selection of target weed species, their location, and the timing of weed control operations to ensure that native plants are avoided, if possible. All portions of the plant will be removed, including the roots. No herbicides shall be used on native vegetation or where Threatened or Endangered species occur. Contractor shall coordinate with Engineer to determine the presence of Threatened or Endangered species. Contractor shall notify the Engineer at least 24 hours prior to each application of pesticide and shall indicate the hours of application. No application of pesticides shall be made on Saturdays, Sundays, or legal holidays, unless otherwise approved by Engineer. Pesticides shall not be applied when weather conditions, including wind conditions, are unsuitable for such work. Wind velocities shall not exceed five miles per hour during application of herbicides. Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, Department of Health, Department of Industrial Relations, and all other agencies that govern the use of pesticides required in the performance of the Work on Contract. Pesticides shall be limited to herbicides unless otherwise authorized by Engineer. Any substance or mixture of substances intended for preventing, repelling, mitigating, or destroying weeds, insects, diseases, or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered a pesticide or herbicide. Contractor shall obtain recommendations for the use of all herbicides from a licensed Pest Control Adviser (PCA) in accordance with the requirements of the California Food and Agricultural Code, and these Specifications. Herbicide recommendations shall include, but not be limited to, the herbicide to be used, rates of application, methods of application, and areas to which herbicides are to be applied. At no time shall pre -emergent herbicides be used. Herbicides shall be mixed in accordance with the instructions provided on the applicable registered label. Prior to mixing any herbicide, a copy of the registered label for the herbicide to be mixed shall be given to the Engineer, or when such copy is unavailable, the Engineer shall be permitted to read the label on the container. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 25 OF 30 Herbicides for weed control shall be applied with a photosensitive dye that will produce a contrasting color when sprayed upon the ground. The color shall disappear between 2 and 3 days after being applied. The dye shall not stain any surfaces nor injure plant or animal life when applied at the manufacturer's recommended application rate. Where control of non-native vegetation is required and the use of herbicides is necessary, and there is a possibility that the herbicides could come into contact with water, the Pest Control Advisor (PCA) shall recommend only those herbicides, such as Aquamaster® or Rodeo® (Glyphosate), which are approved for aquatic use. If surfactants are required, they shall be restricted to non-ionic chemicals, such as AgriDex, which are approved for aquatic use. Vegetation killed by herbicide shall be removed and disposed of legally off-site within 14 days." 801-4 PLANTING. 801-4.1 General. Add to this section: "All plants of the same species and container size (i.e., the same specification) shall be uniform in size and shape and at the same stage of growth to the satisfaction of the Engineer. Contractor shall be responsible for managing the site and performing planting, maintenance and corrective measures to the best advantage of the plant material to promote healthy growth, establishment, and success of the plantings. This shall include providing drainage, irrigation, maintaining a proper soil moisture level, weeding, fertilization, protection, temporary measures to promote establishment, and other reasonable maintenance and construction efforts needed to provide for the successful establishment of the plant materials during the contract period. All plants shall be full-sized and shall have root systems at a fully developed state within the container. Hair roots should extend to the edge of the container. No plant shall be root -bound. Root balls may require scarification to the satisfaction of the Engineer. No boxed, balled or canned plants shall be planted if the ball is broken or cracked, whether before or during the process of planting. Any plant transplanted by Contractor that dies or has bark, branch or dieback injury shall be replaced at Contractor's expense with an equal plant to the satisfaction of the Engineer. Contractor shall not install planting as shown on the plans when it is obvious in the field that conditions exist that are detrimental to plant survival and growth. Such conditions shall be brought to the attention of the Engineer. No plants shall be transported to the planting areas that are not thoroughly wet throughout the ball of earth surrounding the roots. Plants should not be allowed to dry out, nor shall any roots Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 26 OF 30 be exposed to the air except during the act of placement. Any plant that, in the opinion of the Engineer, is dry or in a wilted condition when delivered or thereafter, whether in place or not, will not be accepted and shall be replaced at Contractor's expense. No planting shall be done in any area until the area concerned has been prepared in accordance with these Specifications and presents a neat and uniform appearance satisfactory to the Engineer. Contractor will submit for review and approval by the Engineer, in advance of delivery to the site, product data and photos of materials to be utilized. All inspections herein specified shall be made by the City. Contractor shall request inspection at least 48 hours in advance of the time inspection is required. Inspection shall be required on the following stages of the planting work: a) During preliminary grading and initial removal of existing plants. b) When plants are spotted for installation, but before planting holes have been excavated. c) When all specified work has been completed (prior to acceptance to commence the Maintenance and Establishment Period) d) Final inspection at the completion of the Maintenance and Plant Establishment period. Contractor's failure to obtain inspection will extend the start and/or finish of the Maintenance and Plant Establishment Period as applicable, unless otherwise agreed to in writing by the Engineer." 801-4.5 Tree and Shrub Planting. Replace this section with the following: "Planting done in soil that is too wet or dry or not properly conditioned or in a condition not generally accepted as satisfactory for planting as provided in these Specifications, will not be accepted. Container stock shall be thoroughly watered the day before planting. No more plants shall be distributed in a planting area than can be planted and watered -in on that day. Shrubs to be planted in areas to be seeded shall be planted before seed is applied. Planting holes may be excavated by hand digging or by drilling. Water shall not be used for the excavation of planting holes. Contractor shall avoid creating smooth, vertical walls in the planting hole, and shall scarify the side of planting holes with shovel or digger bar if an auger is used. Partially fill the planting hole with friable native soil to two -inches (2") below the expected base of the root ball. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 27 OF 30 Plants shall be set in the backfill material in flat-bottomed holes, to such a depth that, after the backfill has settled, the soil shall be even with the top of the root ball as shown on the mitigation Plans. If the backfill material settles below the top of the root ball after planting and watering, additional soil shall be added to bring the backfill even with the top of the root ball as shown on the mitigation Plans. With the palm of the hand covering the open end, upend the plant container. Carefully tap the container so the plant rests upside down on the hand, leaving the root ball intact. Plants shall be removed from their containers in such a manner that the ball of earth surrounding the roots is not broken. Plants shall be planted and watered as hereinafter specified immediately after removal from their containers. Plant containers shall not be cut prior to delivery of the plants to the planting area. Examine the plant for a healthy root system. If there are signs of girdling, scarify the root ball. Before placing the container plant on the backfill, work the soil around the roots so that they are not compressed into a tight mass, but are spread and supported by the soil beneath them. Set root ball atop backfill so the root crown is slightly above finished grade. Fill remaining portion of planting hole with backfill. Be sure the crown is still slightly above grade. Apply two inches (2") of mulch as top dressing within the entire watering basin. Mulch shall be of the size and type as specified in these Specifications. Mulch must not be placed directly against the main stem of the plant." 801-4.9 Erosion Control Planting. 801-4.9.3 Seeding and Mulching. Add to this section: "Seeding and mulching work shall not take place during rain events, or when significant rain is forecast within 48 -hours. Once seeding and mulching (hydroseeding) operations are complete in a given area, treated area will be allowed to dry, undisturbed and off-limits to entry, and cure for a minimum of 24 -hours, or until wood fiber matrix is firm and dry." 801-4.9.5 Watering. Add to this section: "Water shall be applied to seeded areas as often and in sufficient amounts, as conditions may require, to encourage germination and to promote a healthy, growing condition, during the maintenance and establishment period, without erosion detrimental to the planting." 801-5 IRRIGATION SYSTEM INSTALLATION. 801-5.1 General. Add to this section: "Within 2 weeks after receipt of notice to proceed, Contractor shall submit shop drawings to Engineer, proposing an automatic irrigation system that will provide even coverage to all areas to be treated with erosion control planting. The system shall be zoned to address the range of exposures presented by the finished landscape, including sun/shade and wetland/dry slope Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 28 OF 30 conditions, and the presence of container -grown plants. The system shall employ main supply lines and remote control valves installed below grade, and lateral supply lines and sprinkler heads installed on -grade. Control wires may be either buried or placed in conduit on grade. A point of connection for a source of potable water, including a meter and backflow prevention device will be coordinated by the City. The system will remain in place and fully operational at the completion of the contract." 801-6 MAINTENANCE AND PLANT ESTABLISHMENT. Replace this section with the following: "Contractor shall maintain the project on a continuous basis from the first day after the planting is complete and accepted by the City to start of the 120 -day Maintenance and Plant Establishment Period. Contractor shall request an inspection by the Engineer after plant installation for written acceptance of the Work. In the acceptance letter to Contractor, the Engineer shall state the beginning and ending date of the Plant Establishment Period. Contractor shall schedule regular inspection meetings with the City during the period. The frequency of the meetings shall be as required by the Engineer, but not less than once per month. Contractor shall provide all labor, materials and equipment to perform Work during the Post - Installation Maintenance Period, as specified herein, including but not limited to, adequate watering of plant material, replacing dead and/or declining plant materials, regular inspections, and controlling weeds. Contractor shall replace any dead or dying plants or cuttings that have failed to grow during the Plant Establishment Period at his/her own expense. Contractor shall be available within five (5) working days of request by the Engineer for replanting or remedial maintenance activity work determined to be necessary by the Engineer. The Plant Establishment Period may be extended by the Engineer if the project is improperly maintained, appreciable replacement is required, or other corrective work becomes necessary. Contractor shall request an inspection within the last five (5) working days of the Plant Establishment Period for acceptance of the Work performed in accordance with the Contract Documents. The request shall be made to the City a minimum of five (5) working days prior to the date of the inspection. The Engineer shall notify Contractor in writing of the satisfactory completion of the Plant Establishment Period. The final inspection will include a complete test of the automatic irrigation system to demonstrate that equipment is working properly and coverage is uniform and adequate. Contractor shall correct any deficiencies in accordance with 801-5.7.4." Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 29 OF 30 General Maintenance Duties (120 -Day Maintenance and Plant Establishment Period) The following tasks shall be performed by Contractor as General Maintenance duties during the Plant Establishment Period include, but are not limited to: 1. Plant inspection 2. Weed control 3. Trash and debris removal 4. Plant replacement S. Supplemental seeding 6. Watering/temporary irrigation maintenance Plant Inspection All native plants shall be maintained in their natural shapes. Pruning is neither necessary nor desirable. All dead wood must remain on the plant or where it has fallen. All basins around plants shall be maintained at constructed depths during the Plant Establishment Period, unless otherwise directed by the Engineer. The mulch within each watering basin shall be maintained at no less than two inches (2") unless otherwise authorized by the Engineer. Weed Control The project site shall be maintained free of weeds during the Maintenance and Plant Establishment Period. Weed eradication will minimize competition that would prevent the establishment of native species. Maintenance personnel will be trained to distinguish weedy plant species from native vegetation to ensure that only weedy species are removed or sprayed with herbicide. During the Maintenance and Plant Establishment Period, weeds shall be manually removed either before they attain a height of twelve inches (12") or produce seed, whichever comes first. All portions of the plant will be removed, including the roots. If the site is not weeded within one week of achieving any of the above criteria, a penalty of liquidated damages equal to $S00 per day will be imposed on Contractor by the City after the seventh day. Pulled weeds will be placed on a tarp to prevent dispersal of seeds, and pulled weeds will be removed from the project site on a daily basis. Additionally, watering basins around each container plant will be maintained clear of weeds to minimize competition from other plant species. Weeds in plant basins must be hand pulled. Leaf and branch drop, and organic debris of native species shall be left in place. The project site shall have no more than 10% cover by weeds, including annual weeds, at the end of the Maintenance and Plant Establishment Period. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration SP 30 OF 30 Trash and Debris Removal All areas of the project site shall be kept clean and free of litter, trash, and debris during the Post - Installation Maintenance Period. The project site shall be well maintained in order to deter vandalism and dumping of trash. Contractor shall, during daily routine maintenance, remove all pulled weeds, inorganic litter, trash, and other debris from the project site and dispose of off-site as permitted by law. Contractor is responsible for avoiding impacts to plantings during trash removal activities. Contractor shall notify the City regarding vandalism or dumping of trash immediately upon detection. Dead limbs and tree fall shall be left in place in the revegetation areas. Pest Control Contractor is responsible for monitoring trees and shrubs for signs of disease, insect and/or predator damage, and for treating, as necessary. Contractor shall control damage to plants caused by rodents, disease, and/or insects by methods, as approved by the City. Badly damaged plants shall be removed and replaced in kind. Excessive foraging by predators may necessitate protective screening around plants. Any such screening shall be extra work. Plant Replacement Plants that show signs of failure to grow at any time, or which are so injured or damaged as to render them unsuitable for the purpose intended, as determined by the Engineer, shall be removed and replaced. Unless otherwise approved by the Engineer, Contractor shall complete replacement of unsuitable plants within one week after notification. Replacement plantings shall conform to the species, spacing, and size requirements specified for the plants being replaced as indicated in the Specifications. Replacement plants shall be purchased from replacement stock inventory at a native plant nursery, as specified by the Engineer. Replacement plants shall be furnished and planted by Contractor at Contractors' expense during the Maintenance and Plant Establishment Period. Revision Date: 3/28/2018 Bayview Heights Drainage Restoration