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HomeMy WebLinkAboutC-7489-1 - Balboa Village Landscaping ImprovementsJuly 9, 2020 Optima RPM, Inc. Attn: Mohamed Mamoun 17945 Sky Park Circle, Suite D Irvine, CA 92614 Subject: Balboa Village Landscaping Improvements — C-7489-1 Dear Mr. Mamoun: kY tsf- NFbtfFrORY BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On July 9, 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 July 10, 2019 Reference No. 2019000245062. The Surety for the contract is United Fire & Casualty Company and the bond number is 54-219467. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure PREMIUM IS FOR THIS CON"I'RACr TI' M AND IS SOMGCT'I'O Pron lulu: $7,072.00 ADIUSIMENT BASED ON FINAL CONTRACT MUCE Executed in 2 OrlUinals EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 54-219467 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,672.00 , being at the rate of $ 18.75' thousand of the Contract price. 'For the fast l OOK:$11.25 per nerd Aper ousan orW—nEst 2mil;S5.63 per thousand for the nest 2.5nuH; 5.25 per thousand for the nest 2.45nni1; and $4,88 per thousand thereafter. WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place. 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 United Fire & Casualty 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 Six Hundred Seventy Two Thousand Eight Hundred Eighty Dollars and 72/100 ($672,880.72) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses arid 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 But Optima RPM, 1110. Page BA 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 19th day of November 2018 Optima RPM, Inc:. Name of Contractor (Principal) United Fire & Casualty Company Name of Surety P.O. Box 73909, Cedar Rapids, IA 52407 Address of Surety (319)399-5700 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:___. ►Z���tR1 By: t titul pot'Aaron C. Harp AAW +ti 3 •t N City Attorney Auth rized Signature/Title 4, —�Z y Authorized gent Signature Vanessa Copeland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page B--2 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 See attached ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing /his 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 November 28, 2018 Date personally appeared before me, Elizabeth I. Ramirez, Notary Public Mohamed Mamoun Here Insert Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the persor) whose name) is/ e subscribed to the within Instrument and acknowledged to me that he/side/ K executed the sa a In his1,bW1thdfr authorized capacity#*, and that by hisll &&r signature( Won the instrument the personx or the entity upon behalf of which the personViacted, executed the instrument, alb.— — — — - ELIZABETH I. RAMIREZ .,� Notary Public - California Orange County Commission M 2329216 My Comm. Expires Feb 21, 2022' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNES Signatun Place Notary Seal Above OPTIONAL t Though this section is optional, completing this information can dater alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: N/A C4178011 (les) Claimed b ( Signrts�er(s) Signer's Name: Mohamed Mambun ❑ Corporate Officer — Title(s): _ CEO 17 Panner --- ❑ Limited ❑ General LJ Individual ❑ Attorney in Fact CI Trustee 11 Guardian or Conservator t:] Other: Signer Is Representing: 11/19/2018 Signer's Name: CI Corporate Officer — Title(s): ❑ Partner — L I Limited 1-1 General ❑ Individual ❑ Attorney In Fact Cl Trustee I I Guardian or Conservator Ll Other: Signer Is Representing: Cd201A National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document State of California County of Orange p ) On `I O before me, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing NATASSIAKIRK-SMITH paragraph is true and correct. Notary Public - California orange County Commission M2253818 WITNESS my hand and officia My Comm. Expires Aug 122022 ' Signatu e: Signature Not iblic Place Notary Seal Above OPTIONAL ___ --------------_ --------------_----- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer - Title(s):_ ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ 'Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): __ ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing_ Rev. 1.-15 o is I INTI "'I I IR & CASUAL' Y COMPANY, CI DAR RAPHIS, IA Inquiries: surety Department ft 111,41', FIRE & INDI MNI1 Y COMPANY, WI IIS'fER, 118 Second Ave SE FINANCIAL PACIFIC INS(IRANC L C OMPANY ROCKLIN, CA Cedar Rapids, IA 52401 1NuURAMCL CL-lil➢ ]Ell COPY OF POWER OF AI 0RNEY (original on file at Boric Office of Company See Certification) KNOW ALI, PERSONS 13Y FIT I"Sl; PRESI-NI'S, That United Fire & Casualty Company, a corporation duly organized kind existing under Ote laws of the State of Iowa; United Fue & Indemnity Company, a corporation =duly mganrzal and existing under the laws of the Shre of'l exas; and Financial Pacific Insmance Company, a corporation ditty organized and existing under The laws of the Stale of California (herem.collectively called the Companies), and having their corporate headquarters at Cedin Rapids, Slate of Iowa, does make, constitute and appoint JENNIFER GRENROOD, ERIC LOWEY, MARK RICHARDSON, VANESSA COPELAND, SHAWN BL-UME, KEVIN CATHCART, EACH INDIVIDUALLY Hien nue and lawful Attmncy(s),in-Fact with power and authority hereby conferred to sign, seal and execute in its belialf all lawful bonds, undertakings and other obligatory instruments of similar nature pravided that no single obligation shall exceed $60,000,000.00 and to bind the Companies thereby as fully and to thel.same exklit as if such instraments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed: The Authority hereby granted is continuous and shall remam in full force and effect until revoked, by United Fire & Casualty Company, United Fire & Inclemany Company, and TinancialPacific Insurance Company, `Pars Power of Attorney is tirade turd executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Frig & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI — Sucety Bonds and 11nderto kings" 'Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to tune, append by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. 'flue signature of anyofficer authorized hereby, mid the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attomey or certification of either authorized hereby; such signature mid seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though mamlally affixed. Such attorneys-in-fact, subject to the limitations set of forth in their respective: certificates of authority shall have full power to bind tine Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power mid authority previously given to any ffitoracy-m-fact. ' IN WPINESS WHEREOF, the COMPANIES have each caused these presents to be signed by its ` e \I`-I`+Un( a °r " bbNj �i0`\\'1C INSV vice president and its corporate seal to be hereto affixed this i b'co+�e 3P FepPOrt,�Nc 15th day of November, 2017 ('Oul'OkA16 y A <OnroN.1TE & 2� 1F �' g_ ,_ 1o�+Pz.;_ UNIJEllFIRE&CASUALI-YCOMPANY scAL a sial. m lees : UNITED FIRE & INDEMNITY COMPANY ` 6N OR'pA a cs -'9</PUFF' r +, + , FINANCIAL PACIFIC INSURANCE '�*AAI11\p"` ];!1111111\11 / State of Iowa, County of Lmn, ss By:'Awe President On 15th day of November 2017, before: me personally came Dennis J. Rlchmann to me known, who being by me duly sworn, dad depose and say; that he resides In Cedar Rapids, State of Iowa; thatheis a Vice president of United Fire & Casualty .Compmry, a. Vice president'of (Jutted Fire & Indemnity Company, and a Vice President of Financial Pacific-Insmance Company tile, corporations described in and which executed the above instrument; that Le known the seal of said corporations; that tine seal affixed to die said instrument is such corporate seal; that it was so affixed pmsutnt'to authority given by the Board of Directors of said corporations and that lie signed his nanlo-tiereto pursuant to like authority, and acknowledges same to be act and deed of said corpoiatimrs E*T�w Pati Waddell Iowa Notarial Seal ��n ���jjjjjj��' ✓ commission number /19274 - Notary. Public commission Expires 10/76/1019 My commission expires: 10/26/2019 I, Mary A. Bertsch Assistant Seetctmy of tinted Pine & Casualty Company and Assistant Sectetai y,ol' United Fac & Indemnity Company, anti Assistant Secretary of Financi d.Pacific Insurance Company, do hereby certify that I have eonipmed dile foregoing copy of the Power of Attonrey and affidavit, and the copy of (lie Soetiou of the bylaws and iesolutions of said Corporations asset forth in said Power ol-Attorney, with the ORIGINALS ON FILI', IN II 11: I IONIC OFFICIi OI/ SAID COR PORA'I IONS, and that the same are correct hauscripts Ihercrof and of the whole of ire said of iginals, and that (lie said Power of At ancy has not beelh revoked. and is flow in full force and dlect. In trslrmolly whet col, I have bV3 alit) subset theft my iuinhe and affixed life cohpom e seal of the said Corlxxations in's - day of + , 20 111 1,1/I \\11111 Ill 1111 INSURq� q� aP 1pPl ORgf. t� l Unu onnu$ a tom uan1 yf1Y2 �� u / rnl�( sial / )gas Ily 1��(/�.,(.4 a c �/ a > +yro�Y`''�` Assistant SccrclarY. "'/'�uun�aoa�`` /,iriinmlbp• mnnnml\°0•••• IIF&C & IIF&I & l'i'ly BPOA0049 121 September 13, 2019 Optima RPM, Inc. Attn: Mohamed Mamoun 17945 Sky Park Circle, Suite D Irvine, CA 92614 Subject Balboa Village Landscaping Improvements C-7489-1 Dear Mr. Rocker: -11" OFNEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On July 9, 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 July 10, 2019, Reference No. 2019000245062. The Surety for the bond is United Fire & Casualty Company and the bond number is 54-219467. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani 1. Brown, MIviC City Clerk Enclosure Executed in 2 Originals EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 54.219457 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place. 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, United Fire & Casualty 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 Six Hundred Seventy Two Thousand Eight Hundred Eighty Dollars and 72/100 ($672,880.72) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Optima RPM, Inc. Page A-1, required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November , 2018 Optima RPM, Inc. Name of Contractor (Principal) United Fire & Casualty Company Name of Surety P.O. Box 73909, Cedar Rapids, IA 52407 Address of Surety (319)399-5700 Telephone APPROVED AS TO FORM: CITYATT�OFFICE Date: r `s� By: iv t'Or:Aaron C. Harp u-uo •9.t� City Attorney Authorized SignatureMtle re Vanessa Copeland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page A-2 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 See Attached On _j 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 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page A-3 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 th� document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On November 28, 2018 before me, . Elizabeth I. Ramirez, Notary Public Date personally appeared Mohamed Mamoun Here insert Name and Title of the Officer of who proved to me on the basis of satisfactory evidence to be the per§onewhose namgK)) 1s/ e subscribed to the within Instrument and acknowledged to me that he�pF`e/I executed thO sa�n his rApd(r authorized capacity084, and that b his it signatur on t e in, the person or the entity upon behalf of which the personwacted, executed the instrument. 9 Notary PSTN I. RAMIRE2 Notary EPublic LIZABETH California Orange County Commission M 2229216 e My Comm. Expires Feb 21, 2022' Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foreacina Daraaraoh - OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document: Labor& Material Payment Bond Document Date: 11/19/2018 Number of Pages: ? Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by $19Tr(s) Signer's Name: Mohamed Mamun C7 Corporate Officer — Title(s): CEO Partner — l71 Limited 0 General 1__I Individual Cl Attorney in Fact LI Trustee CI Guardian or Conservator CJ Other: Signer Is Representing: Signer's Name: __ I I Corporate Officer — Title(s): I I Partner — I ]Limited 11 General I I Individual ❑ Attorney In Fact I I Trustee I I Guardian or Conservator 1-1 Other: Signer Is Representing: urz�axu ar cc sov. ccY _ _. Wn 020M National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange __ ) On -wig ig i 1� _before me, Natassia Kirk -Smith , Notary Public, personally appeared Vanessa of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(res), 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 Nary Pub c - CaliforniaITparagraph is into and correct. Notary Public - Ca + Orange County commission#2253818 WITNESS my hand and offic' ca. o My Comm. Expires5 Aug Aug 12 12. 2022 Signatu Signature o o Public Place Notary Seal Above -------------------- -- - - ----------- OPHONAL -- — - — - - - -- -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:____ __ _ Rev. i--:ts UNI I ' ') I IRI & CASUALTY COMPANY, CEDAR RAPFaS, IA Inquiries: Surety Department UNE, FIRE &IND MNPI Y COMPANY, WLBS'[ 118 Second Ave Sit: FINANCIAL PACIFIC INSURANCY COMPANY ROCKLIN, CA Cedar Rapids, IA 52401 INSURANCE - ChK11FIE)COPYOFP0WL''ROFA110RNEY 8(original on file atflonhe Office of Company —. See Certification) KNOW At J, ITRSONS 13Y 1IIESF, PRF SEN 1 S, That toiled The & Casualty Company, a cot peralion duty organized mid existirip under ihe laws of die. State of Iowa; United Fire & Indemnity Company, a corporationduly mgauved and existing nutlet the laws of the Slate of Texas; and Financial Pacific Insurance Company,'a corporation drily organized and existing under the laws of die State of CaliftSmla (herein collectively called the Companies), and having their corporate Ireadillarters in Cedai Rapids, State of Iowa, does make, constitute and appoint JENNIFER GRENROOD, ERIC LOWEY, MARK RICHARDSON, VANESSA COPELAND, SHAWN DLUME, KEVIN CATHCART, EACH INDIVIDUALLY their title and lawful Attorney(s) in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory mstrnrincnts of sinhitar nature provided Ilial no single obligation sliall exceed $60,000,000.00 and to bind the Companies thereby as fully and to the saute extent as if such instruments were signed by the duly authorized officers of die Companies and all of the acts of said Attorney, putsttmht to Ute authority hereby given and hereby ratified and confirmed The Authority hereby giallied is continuous and shall remain at full Inure and effect until revoked_ by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Instu'ance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of IITinted Dire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Instuahce Company. "Article VI -Sat rely bonds and Ilnderts kings" Section 2, Appointment of Attorney-in-Pact. "Flie President or any Vice president, or any other officer of the Companies may, from time to time, appoint bywritten certificates almineys-in-fact to act is behalf of the Companies in the execution of policies of insruance, bonds, undertakings and other obligatory instruments of like nature. 'Ilio sipiature of any officer authorized hereby, acrd the Corporate seal, may be affixed by facsimile to mry power of attorney or special power of attorney or certification of tither authorized hereby; such sig atute and seal, when so used, being adopted by the Companies as aro original signature of such officer and the original soul: of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-m4aci, subject to the limitations set of `forth in their' respective certificates of autlmrity shall have had power to hind the Companies by their signature and execution of any suet instruments and to attach the seal the Companies lhmnto_. file president of any Vice president, the gonad of pircefors of any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-£act. .rafii IN WITNESS WIIERFOF, One COMPANIES have each caused these presents to be signed by its °+<ry IN s M°, (Fuc eu 1 P vice president and its corporate seal to be hereto affixed this rwF 2� °scorzruxnir° s"poseoggj�r�, 15th day Of November, 2017 r_ ,m"aa�- UNIII,DI'IRE&CASIfA1fY<OMPANY. men x_ srni , sent . `+oioaNP ` UNITED FIRE & INDEMNITY Y COMPANY FINANCIAL PACIFIC INSURANCE, COMPANY State of Iowa, County of Linn, ss: Vice President On 15th day of November 201f7, before me personally came Dennis J. Richmann to tileeklnown, who being by tike duty sworn, did depose and say; that lie resides in ( edar Rapids, State of Iowa, That he is a Vice]'residentoff Inited Fire & Casualty Connpahy, a Vice President of finned Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above insnument; that lie knows the seal of .said corporations;. dial die seal affixed to the said insirume t is such corporatefseal; that it was so affixed pmsuaul to authority given by the Bond of Oirectms of said corporationsand. that he signal his riametherelo pursuit to likeauthority, mid acknowledges same to be the act and deed of said corporations.,//. � i cion 0., Pont Waddell / / xr Iowa Notarial Seal t/r/Ji '/ /W. ' Commission number 11�1012 /2 Notary Public � My Commission expires 10!26/2019 _ My commission expires: 10/26/2019 1, Mary A Bensch Assistant Secretary of Untied Fire & Casualty Company and Assistant Secretary of United Fee Ra. Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do herebycertify that I have eoughared the foregoing copy of the Power of Attoniey and affidavit, and the copy of the Section of die bylaws find resolutions of said Corporations as set7ortlr ah said PowerofAltollcy, with the ORIGINALS ON Fit,]' IN ITIS HOME OFFICE 01; SAID CORPORATIONS, and that the same arc correct transcripts Ihmeof, and of the whole of the said originals, and that tine said power of Attorney has not been revoked ,aid is now in full hare and effect. In leslmtony whereof I have huµu to is bscribed my dame and affixed the corporate seal of the saidCor xhrations L this g' ��y k_. day of _ { _+Ys1 tit` t � ; ?0 t I eb arya`, tier niHati these WSUggN 4 c a pProoq ..e, CUar ONATI arxi Ox n °K s pUlY 3z.'°o p_ i 11:A[ iAl i n lase r ;; By: s \\\ 'rn o??' Assistant Secretary, ,t�rmif :yowl o••o m iu OF&C & OF&I & FPIC BPOA0049 1217 ... Batch 4807843 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 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III[IIIIIIIIIIIIII]IIII IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII No FEE •$ R 0 0 1 0 9 6 3 4 4 5$+ 201900024506210:32 am 07110119 48 401 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Optima RPM, Inc., Irvine, California, as Contractor, entered into a Contract on November 13, 2018. Said Contract set forth certain improvements, as follows: Balboa Village Landscaping Improvements - C-7489-1 Work on said Contract was completed, and was found to be acceptable on July 9. 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United Fire & Casualty Company. 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. /� q Executed on to l/1 I vt_�t/ 1 at Newport Beach, California. Ja f� ��.. a . •� I/%I littps:Hgs.secure-recording.com/Batch/Confirmation/4807843 07/10/2019 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 Optima RPM, Inc., Irvine, California, as Contractor, entered into a Contract on November 13, 2018. Said Contract set forth certain improvements, as follows: Balboa Village Landscaping Improvements - C-7489-1 Work on said Contract was completed, and was found to be acceptable on July 9, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is United Fire & Casualty Company. 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. ? `' n ,, Executed on V gi & 4,, 11 at Newport Beach, California. M WERE I1.. em 1101 CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 09th day of October, 2018, at which time such bids shall be opened and read for BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 $616,500 Engineer's Estimate Approved by el J. Sinacori City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" and "C-27" For further information, call Anna Baldenegro Project Manager at (949) 644-3034 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 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 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 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 ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office 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 been reviewed. qbl + iL� 2 W Contractor's License No. & Classification o 000t3g 1 o R d 6 i3o /7,01 DIR Reference Number & Expiration Date 5 Authorized Signature/Title 01 Date Date City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 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 Total Bid Amount Dollars ($ 10.0% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA VILLAGE LANDSCAPING IMPROVEMENTS, Contract No. 7489-1 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 indiv!dua!, it is agreed that the death of any such Principal shall not exonerate the Surety from its obltgations under this Bond. Witness our hands this 8th Optima RPM, Inc. Name of Contractor (Principal) United Fire & Casualty Company Name of Surety P.O. Box 73909, Cedar Rapids, IA 52407 Address of Surety (319)399-5700 Telephone day of October , 2018. Authorized Signature/Title Authorized Agent Signature Kevin Cathcart, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 9 CALIFORNIA. . •. .a .cam s�t.n .c�t�t.c� .va .c�t.a .ca s�<-s�•s� .c� s� _s�•-cam .a•s� s�t.c� s�t.c> .c><.a� .cam s� s� .w .c�t.c� .a�.c�.�t�ts�•..it..�J�t.:�<r^c..at�•..a•.c2•. 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 October 9, 2018 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mohamed Mamoun Name- of Signer ) 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/,4*Al y executed the same in his/bar1t.4aW authorized capacitykeg), and that by his/14e pAelr signaturp(sj on the instrument the perso K, or the entity upon behalf of which the personacted, 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. n WITNErSS mV5and anal dwwii2,ial seal. ELIZABETH I. RAMIREZ \ NotaryPublic- California z Signature z Orange County > Commission t 2229216 Signature o Not ry Public My Comm. Expires Feb 21, 2022 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: BIDDER'S BOND Document Date: 10/8/2018 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Mohamed Mamoun V/Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact J Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee LJ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT ............................................................................... State of California County of On personally appeared Ss. 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 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: F (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................................................... State of California County of See Attached _)SS. On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible W itness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 r-.rv._..-..r.r`...ru-�...rv�.r✓�f.:l._.:-vv.r,.-v.r�..:-v�.Irv...-w..rr..1.._.v-..^�.�.-.r�.^.-w�.,..--.r,r..-.r-✓...-v.r-..^.....-,.�.s-.:-�,:,�..-.:...-.i; .. :.,r. ... .�-w-. ^ .-..-.._^�_•r,r 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 Q� ) On p before me, personally appeared Name(s) of Signer(s) Natassia Kirk -Smith Kevin Cathcart 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. NATASSIA KIRK -SMITH Notary Public California ';.p ,•.� _ Orange County Commission # 2253818 My Comm. Expires Aug 12, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official s Signatur : Signature of No lic --------- —---------------------------------- —-------- ---- OPTIONAL ----------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kevin Cathcart ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General © Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 UNITED FIRE* CASUALTY COMPANY, CEDAR RAPIDS, IA inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, NA/E13STER, TX 118 Second Av e SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original ort file at Idome. Office of Company See Certification) KNOW ALL PERSONS BY THESE PRESENTS,. That UnitedFire &Casualty Company, a corporation duly organized and existing under the laws of the State of Iowa; United Fite & Indennnity Company; a corporation duly organized and existing under the laws of the; State .of Texas; and Fniancial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having then• corporate headquarters in Cedar Rapids, State of Iowa, does make, constittztemid appoint JENNIFER GRENROOD,. ERIC LOWEY, MARK RICHARDSON, VANESSA COPELAND, SHAWN BLUME, KEVIN CATHCART, EACH INDIV>IDUALLY their true and lawful Att6iney(s)-i114ki with power and authority hereby conferred to sign, seal and execute m its behalf all lawful bonds; undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $60, 000,: 000.00 and to bind the Companies thereby as fully and to thesame extent as if such instruments were signed by the duly authorized officers of the Coniparnies: and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed: The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attoriney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013,'by the Boards of Directors of United Fire & Casualty Company, United Fire & Indenmity Company, and Financial Pacific Insurance Company. "Article VI — Surety Bonds and IIndertakings" Section 2, Appointment of Attomey-in-Fact. "Ilre President or any Vice President, or any other officer of the Companies may, from time to tune, appoint by written certificates attonreys-ut-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory urstruirients of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby: such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and; the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-nn-fact, subject to the limitations set of forth in their respective certifrcates of authority shall have fitll power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companiesthereto...,The President or any Vice President, the Board of D'ir'ectors or any other officer of the Companies may at any time revoke all dower and authority previously given to any attomey-int-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its \\1g G9/U/ \\ \\ISN DEIif// // \\\„\\II IIIIIII/ �, °e�” MN/r�,�, G\F\c ws�g4y vice president and its corporate seal to be hereto affixed this 15th day of November, 2017 cD 's.. , CORPORATE 7PSw' :CORPORATEFp' n c ,oLY Z? UNITED FIRE & CASUALTY COMPANY SEAL Y� ' sEAI <- sea = UNITED FIRE & INDEMNITY COMPANY o < �" ? Zy'•. /+ gyp:' 2 g a '' '' 9(/FOP?• Y,` YFINANCIAL PACIFIC INSURANCE COMPAN By: State of Iowa, Comity of Lnm, ss: Vice President On 15th day of November 2017, before me personally came Dennis J. Richmann to me known, who being by 66 duly sworn, did';depose and say; drat he resides m Cedar Rapids, State of Iowa; that he is a Vice President of United Fire; Casualty Company, a; Vice President of Urnited Fire.`& Indenii ity:Company, and a VicePresident of_Fntancia] Pacific Insurance Company the corporations described i. and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given;by the Board of Directors of said corporations arrd;that he signed his name thereto pursuant to like authority, and acknowledges.. same to be the act and deed of said corporations. +toad Patti Waddell o, Iowa Notarial Seal OaACommission number 713274 otary Public my Commission Expires 10/26/2019 < Ivey commission expires: 1.0/26/2019 I, Mary A. Bertsch, Assistant Secretary. of United Fire &Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific hnsuratnce Company, do hereby certifythat I have compared the foregoiug;copy of the Power. of Attorney and affidavit, and the copy of the Section of the bylaws and resohrtions of said; Corporatiorns as.Set forth: in said Power. of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the 'said Power of Attorney has not been revoked a?d; is;now fit full force and effect. In test on whereof I have unto'subscribed my name and affixed th corporate seal of the said Corporations Un this clay of :20. G�orIIN$J/gq /, cD \44 � � QP GaPP,OggP'Y�cn � CORPORATE 't' q' 'CORPORATE �, �•_ .z. —•— _ SZ. 1986 .�; ByC�<�2 SEAL < �� SEAL Z Oq �P 2 s`0a``* Assistant Secretary,`''!/Rin D\P`` unpliuu\o\ /ll//..ruin„o\” OF&C & OF&I & FPIC" BPOA0049 1217 This paper has a colored background and void pantograph. City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT 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 subcontractors as listed in the Bidder's electronic bid 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. 9 9 d Autfiorized Signaturelfitle City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Qpf1mo► ZEA, U . 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 NI �ST� �.,u�; J RR69v0tb" Project Description W=GVAA toY► to 2,X; Cfii n►mwk; � o� prior V4; Approximate Construction Dates: From S /2'* 1 $ To: is a Agency Name LtfM J Oona &s\t Contact Person MTck-,o- " 12 LAC Telephone 60 2U-3,VT!t Original Contract Amount $ 663,091 Final Contract Amount $ 6 LS, 6 56. XW If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 911 No. 2 Project Name/Number H.11 I Ay G2P S5 -1 -7/t9 -n 1 Project Description V� C,; fg Of de, -CF 9D&WQo� �d�v Approximate Construction Dates: From To: Agency Name Contact Person Hg,Ie n Telephone (37� 29 - 6 3 � S Original Contract Amount $. 1174oa Final Contract Amount $ f 8o, 3ga • oY If fjnal amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 r Project Name/Number iDQ,�u'�eat'+oh lOatQr' Project Description Rahllrfatwn arta ! rcQ �uil�(t� a VM0Vdfi0n Approximate Construction Dates: From To: Agency Name Contact Person : )eAw HAI Telephone J41) g o 3o Original Contract Amount $ tl .7'°Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. do 11 No. 4 Project Name/Number Cts Lumr:A -Crn WV yrs Project Description QQ.i10V0.flOU�� hal) GOMWI Ci"bgr Xmr Ci U 6� Ij�j�v�R Approximate Construction Dates: From :M16/-1,41 g To: -1 I /30 yol $ Agency Name rM Contact Person RY" an 9n W% Telephone Original Contract Amount $%0, p00'JFinal Contract Amount $ Q%J ,SSO.61 If final amount is different from original, please explain (change orders, extra work, etc.) �a...1ae or�LK Did you file any claims against the Agency? Did the Agency file any claims ag inst you/Contractor? If yes, briefly explain and indicate outcome of claims. No. No. 5 Project Name/Number Project Description Tenant jghz eMw-t of eA-fw li-ty t1c¢afreWts 6;1Ji" 1nC'Q"f An;-(AeS, ei�cfr�ia.Q and ® n fia Approximate Construction Dates: From -1-/ 21 b To: */ Y. 1& J Agency Name Zito -f NeQnvn- Reavk - Contact Person pQt�- 1405c"kr Telephone �qf, (;'!6t,3316 Original Contract Amount $ 1 9- °`Final Contract Amount $ 1 d • �S If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Numbe Project Description Approximate Construction Dates: From to b'21 To: 3 I Zo 18 Agency Name iii 1►�, vt�. Contact Person �ria.n BhwiN Telephone 01) uy-64 Original Contract Amount $tl" ,160•0Final Contract Amount $ t65, V43. If final amount is different from original, please explain (change orders, extra work, etc.) C;hanqe orsJerL, Did you file any claims against the Agency? Did the Agency file any claims ag�1a1inst you/Contractor? If yes, briefly explain and indicate outcome of claims. N0. 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. Air 13 City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Name,) h being first duly sworn, deposes and says that he or she is Pr c7f "+ of PPM "7_hC'. , the party making the foregoing bid; that the bid is not made in the interest 6f, 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 wltl i anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Qbfinma, k P" ¢ Int. nes Lwt Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this day of '2018 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA• • • • .cam .ca• c�Gcit.c� .c�S.a .c�..c�,l� s�, .n .n .� .n .� .n .p s� s�Ss� . CA s� s� .vs .c� < n .�� s�S/.ciSs�S�S..at�C.�S�t�..aS A. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 9, 2018 Date personally appeared before me, Elizabeth I. Ramirez, Notary Public Mohamed Mamoun Here Insert Name and Title of the Officer Nam# `of Signer(s� who proved to me on the basis of satisfactory evidence to be the person whose naeesame isoeel subscrib d to the within instrument and acknowledged to me that heLsP(%executed t In hisjh ieir authorized capacityya5'j; and that by hi r/ {r si nature on the instrument the erson or the entity upon behalf of which the person "` acted, executed the i6strument. p ELIZABETH I.7fRiAMIREZZ Notary public lifornia Orange County Commission k 2229216 My Comm. Expires Feb 21, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature hand *id ffiicial seal. Public Place Notary Seat Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: INFORMATION OF BIDDERS Document Date: 10/8/2018 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Mohamed Mamoun &/Corporate Officer — Title(s): Prestdent ❑ Partner — O Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 DESIGNATION OF SURETIES Bidder's name ��� u•. �� 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): 15-1 kAlmys DYiVe, �y;fR Meq Gni 9ybz6 1 p- Sex 9:39V 'Ra A 5Z4!% � 15 City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name I���, Record Last Five (5) Full Years Current Year of Record I he 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 Total dollar Amount of Contracts (in 6 Z�; 6 �4 5- M -30,0�2 Thousands of $ No. of fatalities 0 0 0 0 0 D No. of lost Workday Cases v b V U p No. of lost workday cases involving permanent V U 0 U v V U transfer to another job or termination of employment I he 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 O p jmq P4 ,1,ri�. Business Address 141kf5, sky NO Business Tel. No.: q0-�s4- 13gq State Contractor's License No. and Classification: 9b t x I A Ah d 6 Title fmA"+ The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Ito Ig Title PreSide.wt , TreasNYer Signature of bidder �/- Date I v Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name OWMI IU0 ! U(t. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 9, 2018 Date personally appeared _ before me, Elizabeth I. Ramirez, Notary Public Here Insert Name and Title of the Officer Mohamed Mamoun and Maykel Hanna , Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) X/are subscribed to the within instrument and acknowledged to me that ,W0 /they executed the same in P/their authorized capacity(ies), and that by.41s/007their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ELIZABETH I. RAMIREZ Notary Public — California z Orange County n Commission N 2229216 My Comm. Expires Feb 21, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: CONTRACTORS SAFETY RECORD Number of Pages: 1 Document Date: Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Mohamed Mamoun FN/Corporate Officer — Title(s): Preside"' ❑ Partner — ❑ Limited O General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ 10/8/2018 Signer's Name: Maykei Hanna yJ Corporate Officer — Title(s): vice President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 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: Cornomfi,yo Business Address:, I "� S SL, VAKk Crwl e SSV-ftg_ n . Irvin e, C�9 z 6l c� Telephone and Fax Number: l y %A Xq� California State Contractor's License No. and Class: /eland (REQUIRED AT TIME OF AWARD) Original Date Issued: 6/30/7o4 Expiration Date: 603 7,�o t 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: tJk,00Ae.5 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 Mi ame a t4amo a,`&4� d Qm; - Tro,6-sane r IVv PIM/k CiM110. ,► -If o D CA 9Z-6/Lt 0g9)L-_J._ S�rr-�tu�,ni JI i S tS k��G (,i rG G P �U. t_t�/ J.-F�y i m—F r�2%� Y Corporation organized under the laws of the State of ce-,14ro-�;a 19 Are any claims or actions unresolved or outstanding? Yes /©o If yes to any of the above, explain. (Attach additional sheets, if necessary) 9 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. MoY amQA MawloaP (Print name of Owner or President of Corporation/Company) f Authorized Signature/Title Title lo/y>-01g Date On 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S ar(SEAL) Notary Public in and for said State My Commission Expires: 21 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ° ✓See Attached Document (Notary to cross out lines 1-6 below) See Staterpent Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document 8tnpr No. 2 (if any) 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 ELIZABETH I. RAMIREZ v Notary Public - California z , > orange County z i¢ Commission # 2229216 My Comm. Expires Feb 21, 2022 Subscribed- and sworn to (or affirmed) before me on this 9th day of October 2018 by Date Month Year (1) Mohamed Mamoun (and (2) N/A ) Name of Signe ) proved to me on the basis of satisfactory evidence to be the persg��who_,,,appeared before me. Signature of Notary Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: N/A Number of Pages: 1 Signer(s) Other Than Named Above: N/A 02014 National Notary Association • www. National Notary. org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 7309 Caldus Ave {818} 606-7854 Lake Balboa CA 9I406 carlosramonl@live.com Carlos Ramon Objective Accomplished supervisor and manager with 12+ years experience planning, developing, and implementing process improvements and programs to maximize productivity, profitability, and quality assurance in the construction industry. Direct diverse teams to comply with regulatory guidelines and work place safety initiatives. Highlights • Team leadership -Data analysis • Problem resolution • Inventory control • Staff developmentttraining • Cost analysis • Project management • Strategic planning Education West Valley Vocational Center at Woodland Hills CA 2/2011 to Present High School Equivalent GED Journeyman union carpenter at Sylmar training center Instituto Francisco I. Madero in Veracruz Mexico 6/1994 - 9/1992 Professional Experience EMPLOYER: OPTIMA Reengineering & Project Management LENGTH: December 2012 — Present JOB TITLE: Project Superintendent DUTIES: At my job, I am responsible for: Take off, lay outs, run day to day operations, organize manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look ahead schedule, and work in the field. EMPLOYER: Rene Sanches Construction LENGTH: August 2011 — September 2011 JOB TITLE: Foreman, carpenter DUTIES: At my former job, I was responsible for: Take off, lay outs, run day to day operations, organize manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look ahead schedule, and work in the field. EMPLOYER: EMAE International Inc, Santa Fe Springs, CA TEL 562-404-1468 LENGTH: May 2011- May 2000 JOB TITLE: Carpenter, Foreman, Superintendent DUTIES: At my former job, I was responsible for: Take off, lay outs, run day to day operations, organize manpower, schedule sub -contractors, write daily reports, RFI's, as -built, three week look ahead schedule, and work in the field. COMPLETED PROJECTS Auto Technology Center at Cerritos College (Project Superintendent) January 2011 to February 2009 Southland Cerritos Center Transportation and Technology At Cerritos College (Project Superintendent) March 2010 to February 2010 Escalona Elementary School Modernization in Norwalk CA (Project Superintendent) March 2009 to October 2007 Richman Park Renovation in Placentia CA (Project Superintendent) October 2007 to March 2007 Softball Field at Santa Ana College (Field supervisor) March 2007 to January 2007 Administration Building Renovation at Whittier High School (Project Superintendent) January 2007 to April 200-6 La Serra High School Renovation project (Project Superintendent) April 2006 to July 2005 Frontier High School Modernization Project (Project Superintendent July 2005 to February 2002 Lake Mathew elementary School (Field Foreman) February 2002 to June 2001 Linwood elementary School (Carpenter) June 2001 to February 2001 Long Beach City Hall (Carpenter) February 2001 to September 2000 Wild Rose Elementary School (Carpenter) September 2000 to May 2000 NIon*ershIIps UNION Carpenter Local 209 Languages English and Spanish AccredRations: CPR American Red Cross, First Aid Red Cross, OSHA 10, Powered Indoor Truck Operator — Indoor Lift Truck, Scaffold Erector. BALBOA VILLAGE LANDSCAPING IMPROVEMENTS CONTRACT NO. 7489-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of November, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and OPTIMA RPM, INC., a California corporation ("Contractor"), whose address is 17945 Sky Park Circle, Suite D, Irvine, California 92614, 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 clearing and grubbing, grading, landscape establishment and maintenance, irrigation improvements, providing as -built drawings, and all other incidental items of work necessary to complete the work in place (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 . ollows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7489-1, 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 Six Hundred Seventy Two Thousand Eight Hundred Eighty Dollars and 72/100 ($672,880.72). 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 Mohamed Mamoun to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing Optima RPM, Inc. Page 2 requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Mohamed Mamoun. Optima RPM, Inc. 17945 Sky Park Circle, Suite D Irvine, CA 92614 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. Optima RPM, Inc. Page 3 Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of Optima RPM, Inc. Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers 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 Optima RPM, Inc. Page 5 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 and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. Optima RPM, Inc. Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. Optima RPM, Inc. Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. Optima RPM, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Optima RPM, 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 ATTORN Y'S FF7 Date: l By: Gh� poirAaron C. Harp AWJ 10. Vj• 1Q City Attorney ATTEST: Date: Q, I �. )� I►'. 120.� .0 CITY OF NEWPORT BEACH, a California municipal corporation Date: Marshall "Duffy" Duffield Mayor CONTRACTOR: Optima RPM, Inc., a California corporation Date: Signed in Counterpart By: Mohamed Mamoun City Clerk ' President and Treasurer � "� PORT $ [END OF SIGNATURES] 0 'P�F60.yP Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Optima RPM, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORN Y'SFFICE Date: l 9 Fo>rAaron C. Harp � 1o,Lg.IgHarp ,w+ io.Lg•,g City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a Californi municipal corporation Date: I I a 2 UIQ 3�, By: Marshall "Duffy" Duffield Mayor CONTRACTOR: Optima RPM, Inc., a Californiaorporation Date: t t rn I —o�)I% By: By:G�!i`. Leilani I. Brown Mohamed Mamoun City Clerk President and Treasurer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Optima RPM, Inc. Page 10 Executed in 2 Originals EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 54-219467 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place. 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, United Fire & Casualty 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 Six Hundred Seventy Two Thousand Eight Hundred Eighty Dollars and 72/100 ($672,880.72) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Optima RPM, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of November , 2018 Optima RPM, Inc. Name of Contractor (Principal) United Fire & Casualty Company Name of Surety P.O. Box 73909, Cedar Rapids, IA 52407 Address of Surety (319)399-5700 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date-.- z l� By: AA.*— ` V-ot:Aaron C. Harp w,w %1.5-ke City Attorney Authorized Signature/Title , v' Authorize A ent Signature Vanessa Copeland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page A-2 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 See Attached }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of } ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page A-3 CALIFORNIA• • OD \� .A <.L? L1C�'C 41 9� .A<. L.AC.L �'.AC.A\.A .AC.A C.At.At.A .c1 •.s1C.AC� .s\ .A .A<.cl .L1<.s1� .L\L.AC�C.AC�C� .AC C..'aC.L���� L.A . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On November 28, 2018 before me, Elizabeth I. Ramirez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mohamed Mamoun Name ) of Signer ) who proved to me on the basis of satisfactory evidence to be the per on whose nam ) i�ei e subscribed. to the within instrument and acknowledged to me that he l /t executed th ar NSA rApdir authorized capacity(iesj, and thatb his4 r/�ir signature,(sF) on the instrument the person or the entity upon behalf of which the personKacted, executed the instrument. ELIZABETH I. RAMIREZ NotaryPublic- California Orange County s Commission M 2229216 My Comm. Expires Feb 21, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and for rscL ._ Signature hand " Official seal. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor & Material Payment Bond Document Date: 11/19/2018 Number of Pages: 2 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimedby Signers) Signer's Name: Mohamed Mamoun ❑ Corporate Officer — Title(s): CEO ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee 1=1 Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www. NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On I t I P 119 before me, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they- executed the same in his/her/tlteir 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 NATASSIA KIRK -SMITH paragraph is true and correct. Notary Public - California Orange County > Commission k 2253818 WITNESS my hand and offic, ea . My Comm. Expires Aug 12. 2022 Signatu Signature o o Public Place Notary Seal Above ------------------------------------------------------ OPTIONAL ----------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General 1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 1 INSURE JENNIFER GRENROOD,, ERIC LOWEY, MARK RICHARDSON, VANESSA COPELAND, SHAWN BLUME, KEVIN CATHCART, EACH INDIV'IDUAL.LY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, trndertakungs'and other obligatory instruments of similar' natur-e provided that no single obligation shall exceed $60; 000, 000.00 and to bind<the Companies thereby as filly and to the sante extent as if such instruments were signed by the ditty authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The. Authority hereby granted is continuous and shall remain. in. force.:and effect until revoked. by United Fie & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attomey is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article V1 — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time; appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby: such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and, the original <sealzof the Cornparties, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to':Che limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of arty such nnstru newt .s and to attach the seal the Companies theretoThe President or any Vice President, the Board of Directors or any other officer of the Companies may at arty time revoke all power andsautlnority previously given to any at omey-nn-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its \"111111111//,,/ \\\\II IINDG/////�i \\�,\11\IIIIIIII/l, gUSaq . ,\ fie M•y,r ,,. \F�� INl ,'� vice president and its corporate seal to be hereto affixed this 15th day of November, 2017 W CORPORATE :COR POI iATG ;L i ,a"z? ;_ UNITED FIRE & CASUALTY COMPANY SEAL ,� SEAT N i 9B6 a a UNITED FIRE &INDEMNITY COMPANY c c ` c p. _ ` FINANCIAL PACIFIC INSURANCE COMPANY y . �..y ..9(/FOFI� : \-`.` �\\```` State of Iowa, County of Lim, ss: Vice President On 15th day ofNove to me kii0val, who being by & Casualty ;Company, a V cororatioilsdescribed in, a instrimient:is such corporate name thereto pursuant to liki Illy came Denni eXesides in Cedar R. he k Richmann e is a Vice President of United Fire al Pacific :Insurance Company the that the seal affixed to the said corporations and that he signed his city, and acknowledges same to be the act and deed of said corporations. Patti Waddell ^ c 3 lava Notarial Seal f` C + i Commission number 713274 V owe " My Commission Expires 10/26/2019 Notary Public M.y commission expires: 10/26/2019 I, Maty. A Bertsch; Assistaint Secretary of United F rre & Casualty Company and Assistant Secretary of United Fie &:h dennnity Company, and Assistant Secretary of Financial Pacific Instu-ance Company, do hereby certifythat I have con>pared tine forego ng;copy of tine Power of Attorney and affidavit, and the copy of the Section of'the bylaws and resolutions of said Corporations as':set forth;in said Power of Attorney, with the ORIGINALS ON VILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that die said Power of Attorney has not been revoked and is -now in full,force and effect. In testin oiy whereof I have leer, a to , bscr ed my name and affixed the corporate seal of the said Corporations this 'i day of 20_. �ti lNS(/gq/, BPOA0049 1 By: Assistant Secretary, OF&C & OFM & FPIC N y and and void pantograph. PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO premium: $7,672.00 ADJUSTMENT BASED ON FINAL CONTRACT PRICE. Executed in 2 Originals EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 54-219467 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,672.00 , being at the rate of $ 18.75" thousand of the Contract price. 'For the first 100K; $11.25 per next per thousandor a next 2mil; $5.63 per thousand for the next 2.5mi1: 5.25 per thousand for the next 2.45mil; and $4.88 per thousand thereafter. WHEREAS, the City of Newport Beach, State of California, has awarded to Optima RPM, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place. 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. V VIIC F1%U-MJ, Principal has execuied 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 _United Fire & Casualty 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 Six Hundred Seventy Two Thousand Eight Hundred Eighty Dollars and 72/100 ($672,880.72) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Optima RPM, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of November 2019 Optima RPM, Inc. Name of Contractor (Principal) United Fire & Casualty Company Name of Surety P.O. Box 73909, Cedar Rapids, IA 52407 Address of Surety (319)399-5700 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1Z/?,y 2o1'% By: L� Itul fp(:Aaron C. Harp + +ti•3•1% City Attorney Auth6rized Signature/Title uthorized gent Signature Vanessa Copeland, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Optima RPM, Inc. Page B-2 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 See Attached }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 (seal) County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Optima RPM, Inc. Page B-3 CALIFORNIA•ACKNOWLEDGMENT CIVIL CODE § 11 EM \C..1 .'� . .� hf�t i .sit c�Q. ,v�C.. .c�:/.n�.c1\.s> .s�C.s� .A .� .PC.c� .a� .s�0^f.cl..� .ca .s�C_c� .s1<.siC.Si .c�C�; C�C..I,C.t�C..�'.c��C�•.s�C�' � \�C. 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 November 28, 2018 Date before me, Elizabeth I. Ramirez, Notary Public personally appeared Mohamed Mamoun Here Insert Name and Title of the Officer Namof Signer) who proved to me on the basis of satisfactory evidence to be the persory(�) whose name/) is/ e subscribed to the within instrument and acknowledged to me that he/s�Ke/� executed the sa a In his/,bW/fir authorized capacity(i*, and that by hisAWr/tIkir signature(Pron the instrument the person(,', or the entity upon behalf of which the personVhcted, executed the instrument. ELIZABETH I. RAMIREZ Notary Public - California Z _ Orange County > Commission # 2229216 My Comm. Expires Feb 21, 2022 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Correct. WITNES Signatun Place Notary Sea/ Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: Number of Pages: 2 Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signers) Signer's Name: Mohamed Mambun ❑ Corporate Officer — Title(s): CEO ❑ Partner -- O Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 11/19/2018 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL. CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On I 1 I Iq 1I O before me, Natassia Kirk -Smith Notary Public, personally appeared Vanessa Copeland Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thtir 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 f NATASSIA KIRK -SMITH paragraph is true and correct. Notary Public - California Orange County > Commission p 2253818 WITNESS my hand and officia `''""• My Comm. Expires Aug 12, 2022 Signahi e: �& - Signature Not ublic Place Notary Seal Above --- --------- -------------------------- -------------- OPTIONAL --------------- ------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General FX -1 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1-15 UNITED FIRE & CASUA UNITEDLTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety- Department UNITED FIRE <& INDEMIx7ITY COMPANY, WEBSTER.; TX 11$ Second Ai a SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapi11 ds, IA 52401 N$URANCE >.. CERTIFIED.. COPY OF POWER OF ATTORNEY gmal on file at Home Office of Company.- See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a'coiporation duly organized and existing under the laws of the State of Iowa; United Fire & 1n&mnity Company; a corporation`duly organized antd exist nig under the laws of die State of Texas; and Faranciai Pacific Insurance Compuiy, a corporation duly t'igarhized and existing under the laws of the State'of Califgmia (lhereuh collectively called die Companies), and having thea corporate headquarters ni Cedar, Rapids, State of Iowa, does make, constitute and appoint JENNIFER GRENROOD,.ERIC LOWEY, MARK RICHARDSON, VANESSA COPELAND, SHAWN BLUME, KEVIN CATHCART, EACH INDIV:IDUALLY thea true and lawful. Attorney(s)-iii-Fact with power and: authority hereby conferred to siert seal and execute in its beihalf'all lawful bonds, undertakuigs;and other obligatory instruments of similar nature provided that no single obligation shall exceed $60, 000, 000.00 and to binhd die Companies thereby as fully and to the same extent as if snick instruments were signedby the duly authorized officers of the Companies= and all of the acts of said Attorney, pursuant to die authority hereby'given and hereby ratified and con firmed. The Authority hereby granted is continuous and shall remain in full force. and effect until revoked by United Fire &Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attoiiey is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by tie Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article )"I — Sureh Bonds and IIndertakings" Section 2, Appointment of Attomey-in-Fact. "The President or any Vice President, or any other officer of the Companies may, from time to tine, appoint by written certificates attorneys -fit -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal. of the Companies, torbe valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective: certificates of authority shall have fall power to bind the Companies by their signature and execution of any such instruments uand to attach the seal the Companies thereto. Tlie President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all poorer and .authority previously giv6i to any attorney- i n -fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be sigahed by its `` `\,Bi 11111111/ `\\\\\\II111111/, `\\,t1,1i1111111,,,1" ,G\Fje wsuggy, vice president and its corporate seal to be hereto affixed this 15th day of November, 2017 qs cg a o Qp'GO(iPOAq/ °F - coii�aAre j :toar�a_\re _ SULrzz UNITED FIRE &CASUALTY COMPANY ' ° , SEAL seAi se6 UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY By:�� ' State of Iowa, County of Lunn, ss: Vice President On 15th day of November 2017, before mt to me known, who benng;by me drily ml did. . depose an & Casitalty'.;Company, a; Vice Pt-esidlcIf Onited Fire corporations described in: and which executed the about instrument is such cotporkle seal; chat it vas so affixed pti name thereto pursuannt to like authority, and ac, la owledges +ea I Patti Waddell sonally came Denni that he: resides in Cedar R :rhni ity Company, and a invent, that he knows tie_ to authority given by tbe'- o b'e die act and deed of st Richmann tate of Iowa; tial he is a Vie- President of United Fire- esident of FinancialPacific`Insurance Company die F said corporations;' dial tie seal affixed to the said f Directors of said corporations and tlhat he signed his rations. r, �/ j. i- i^ iifiii i Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have liereunto stubscribed my name and affixed die corporate seal of the said Corporations this l�%1-'1 day. of 20fo . cwsU,�!4//�� `p\o&- 4 BPOA By: A uOo�v tun Assistant Secretary, Ilnnnin„u„�"�`'OF&C & OF&I& EPIC This paper has a colored background and void pantograph. EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Optima RPM, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory_. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Optima RPM, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may Optima RPM, Inc. Page C-3 review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Optima RPM, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/3/18 Dept./Contact Received From: Raymund Date Completed: 12/19/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Optima RPM, Inc. Type of contract: Other I. GENERAL LIABILITY NOTICE OF CANCELLATION: EFFECTIVE/EXPIRATION DATE: 5/9/18 — 5/9/19 N Yes A. INSURANCE COMPANY: Great American Assurance Company B. AM BEST RATING (A-: VII or greater): A+ / XIV EFFECTIVE/EXPIRATION DATE: 5/9/18 — 5/9/19 C. ADMITTED Company (Must be California Admitted): A. Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ADMITTED COMPANY (Must be California Admitted): include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City E its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ No G. is not limited solely by their negligence) Does endorsement ❑ N/A N Yes include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No I1. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/9/18 — 5/9/19 A. INSURANCE COMPANY: Nationwide Mutual Insurance Company B. AM BEST RATING (A-: VII or greater) A+/XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No 1. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6/28/18 — 6/28/19 A. INSURANCE COMPANY: Insurance Company of the West B. AM BEST RATING (A--. VII or greater): A / XII C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM H. NOTICE OF CANCELLATION: 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? A Agent of Alliant Insurance �LTGices�../ Broker of record for the City of Newport Beach 12/19/18 Date ® Yes ❑ No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach BALBOA VILLAGE LANDSCAPING IMPROVEMENTS Contract No. 7489-1 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 entlemen: 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. 7489-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: Date tP) 9 49 � �x6 134 q -t (F)M—}YY—(W Bidder's Telephone and Fax Numbers 9161:o4 Ag 9 i PIR No� 0000131611 Bidder's License No(s). and Classification(s) �i►I'l0, ��l>VI ¢ In Bidder I _ re�ji I—r Bidder's Authorized Signature and Title IA457 S6 PAYL (;,&I e, 4Cu da D Zru o n 0, CA 1,614 Bidder's Aadress Bidder's email address: mmgmnun @ o9tM jn r� r,oM City of Newport Beach Page 1 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS (C-7489-1), bidding on October 11, 2018 11:00 AM (Pacific) Printed 10/11/2018 Bid Results Bidder Details Vendor Name Optima RPM Address 17945 Sky Park Circle Suite D Irvine, CA 92614 United States Respondee Maykel Hanna Respondee Title VP Phone 949-724-1399 Ext. 202 Email mhanna@optimarpm.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted October 11, 2018 10:52:50 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 155707 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C-7489-1 OPTIMA RPM BID SUBMITTAL C-7489-1 OPTIMA RPM.pdf General Attachment Bid Bond Bid Bond - Signed.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment C-7489-1 Balboa Village Landscaping Improvements 1 Mobilization & Demobilization LS 1 $67,815.00 $67,815.00 2 Traffic Control LS 1 $16,500.00 $16,500.00 3 Traffic Signing & Striping EA 1 $38,500.00 $38,500.00 4 Furnish and Install Kelp Style Trash Receptacles EA 12 $1,448.04 $17,376.48 5 Refinish (23) Total Navy Planters (Balboa Blvd) LS 1 $6,831.00 $6,831.00 City of Newport Beach Page 2 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS (C-7489-1), bidding on October 11, 2018 11:00 AM (Pacific) Printed 10/11/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove (41) Ex. Terra Cotta 30" x 30" Malaysian Planters (Main St.) LS 1 $3,300.00 $3,300.00 7 Furnish and Install 30" x 30" Malaysian Series Plante r-Colorburst Navy ( Main St. -Replace) EA 41 $1,225.07 $50,227.87 8 Provide Backfill and Planting of New Planters (No Reservoir Irrigation System) EA 41 $55.00 $2,255.00 9 Remove & Dispose Existing Hanging Planters LS 1 $3,960.00 $3,960.00 10 Furnish and Install Hanging 18" Diam. Planters (Replacement) EA 28 $422.26 $11,823.28 11 Remove / Metalize / Re-Powdercoat Re -attach Existing Hanging Brackets EA 14 $117.86 $1,650.04 12 Replace Faux Plants (3 seasons) EA 90 $501.11 $45,099.90 13 Grub & Clear of Existing Planters (Balboa Blvd) LS 1 $2,416.70 $2,416.70 14 Furnish and Install 36" Box King Palms (Balboa Blvd) EA 15 $1,026.67 $15,400.05 15 Furnish and Install 36" Box African Tulip Tree (Balboa Blvd) EA 10 $1,100.00 $11,000.00 16 Furnish and Install 5 Gal. Shrub (Balboa Blvd) EA 100 $14.20 $1,420.00 17 Irrigation Repair (Balboa Blvd) LS 1 $1,846.90 $1,846.90 18 Grub & Clear- Directed Removals (Palm Parking Lot) SF 1670 $3.38 $5,644.60 19 Furnish and Install 1 Gal. Shrub (Palm Parking Lot) EA 303 $14.20 $4,302.60 20 Furnish and Install 5 Gal. Shrub (Palm Parking Lot) EA 438 $36.30 $15,899.40 21 Furnish and Install 24" Box Tree (Palm Parking Lot) EA 5 $463.10 $2,315.50 City of Newport Beach Page 3 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS (C-7489-1), bidding on October 11, 2018 11:00 AM (Pacific) Printed 10/11/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Furnish and Install 25' B.T. Mexican Fan Palm (Palm St.) EA 2 $1,679.70 $3,359.40 23 Soil Prep & Fine Grade (Palm Parking Lot) SF 1670 $1.77 $2,955.90 24 Furnish and Install 2" Mulch Bed (Palm Parking Lot) CY 10 $113.30 $1,133.00 25 Furnish and Install 5 Gal. Shrub (Washington St.) EA 72 $14.20 $1,022.40 26 Furnish and Install 5 Gal. Shrub (Washington St.) EA 100 $36.30 $3,630.00 27 Irrigation Repair (Washington St.) LS 1 $3,520.00 $3,520.00 28 Furnish and Install 1 Gal. Shrub (Pier Restroom) EA 148 $14.20 $2,101.60 29 Furnish and Install 5 Gal. Shrub (Pier Restroom) EA 248 $36.30 $9,002.40 30 Provide Soil Prep / Fine Grade (Pier Restroom) SF 900 $1.77 $1,593.00 31 Remove & Replace Lithocrete Shell Pattern Panels and / or Paving SF 3550 $65.40 $232,170.00 32 Remove Concrete Paving & Prep for Landscape (Washington St.) SF 254 $21.65 $5,499.10 33 Remove P.C.C. Curb & Gutter LF 250 $13.20 $3,300.00 34 Construct P.C.C. Curb & Gutter LF 250 $55.00 $13,750.00 35 Install ADA Truncated Domes and ADA Ramp SF 48 $364.70 $17,505.60 36 Cap Sprinklers and Install Decomposed Granite (Palm St. Planters) LS 1 $2,200.00 $2,200.00 37 Remove Pavers and Add Decomposed Granite (Palms on Edgewater) LS 1 $1,100.00 $1,100.00 City of Newport Beach Page 4 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS (C-7489-1), bidding on October 11, 2018 11:00 AM (Pacific) Printed 10/11/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 38 Remove Grates and Install Decomposed Granite / Cap Electrical (Pier Palms) LS 1 $5,500.00 $5,500.00 39 Furnish and Install Ash Urns EA 3 $755.11 $2,265.33 40 Furnish and Install 6' QCP Flex Bench EA 9 $3,180.93 $28,628.37 41 Provide As -Built Drawings LS 1 $5,000.00 $5,000.00 42 Perform 30 Day Landscape Establishment & 60 Day Landscape Maintenance Phase LS 1 $2,060.30 $2,060.30 Subtotal $672,880.72 Total $672,880.72 Subcontractors Name & Address Description License Num CADIR Amount Type Shaw & Sons Concrete LITHOCRETE 274144 1000024841 $215,000.00 829 W. 17th St. #5 Costa Mesa, CA 92627 United States Superior Pavement Markings Traffic Signing & Striping 776306 1000001476 $35,000.00 5312 Cypress Street Cypress, CA 90630 United States inland empire Landscaping 802299 1000019419 $80,000.00 2456 kern st. San Bernardino San Bernardino , CA 92407 United States I �I Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT � SEW Fp�� V z cq<�FORN`P ADDENDUM NO. 1 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS CONTRACT NO 7489-1 Actg City ngineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. CONTRACT 1. The bid opening date is revised to October 11, 2018 at 11:00 AM. B. PROPOSAL (BID ITEMS): 1. Update all references to 1 Gal. in Item No. 16 and Item No. 25 to 5 Gal. 2. Add Item No. 42 Perform 30 Day Landscape Establishment & 60 Day Landscape Maintenance Phase. C. SPECIAL PROVISIONS: 1. Section 2-1 AWARD AND EXECUTION OF THE CONTRACT. Replace existing paragraph with the following: "At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" license. A subcontractor possessing a "C-27" license is acceptable for the landscape portion of this work. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City." 2. Section 7-15 CONTRACTOR'S LICENSES. Replace existing paragraph with the following: "At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" License. A subcontractor possessing a "C-27" license is acceptable for the landscape portion of this work. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach." Page 2 of 2 3. Section 9-3 PAYMENT. a) Update all references to 1 Gal. in Item No. 16 and Item No. 25 to 5 Gal. b) Add Item No. 42 Perform 30 Day Landscape Establishment & 60 Day Landscape Maintenance Phase: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant material care and replacement if necessary, supervision and all other items necessary to establish and maintain the landscaping for; Washington St. Parking Lot, Pier Parking Lot/Restroom planters, Balboa Blvd tree wells and Washington St. parkway planters. Additionally, manually water new and existing landscape planters along Main St. and Balboa Blvd for the entire duration of the Landscape Establishment and Maintenance Phase. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Optl ma PEN, In�. Bidder' Name (Please Print) Date Authoriz d Signature & Title Attachment: - None PUBLIC WORKS DEPARTMENT INDEX ;0. ' . FOR ,,Z B� i SPECIAL PROVISIONS `" 5 BALBOA VILLAGE LANDSCAPING IMPROVEMENTS bsC1�1r' \< - OF CP CONTRACT NO. 7489-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1- TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 6 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 [I] 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours and Barricades 8 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 "No Parking" Signs 9 7-10.5.3 Steel Plate Covers 9 7-10.6 Notices to Residents 9 7-15 CONTRACTOR'S LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.1 General 17 303-5.5 Finishing 17 303-5.5.2 Curb 17 303-5.5.4 Gutter 17 303-7 COLORED CONCRETE 17 303-7.1 General 17 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 17 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 18 314-2.1 General 18 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 18 314-4.1 General 18 SECTION 315 - TRAFFIC SIGN INSTALLATION 18 PART 6 — TEMPORARY TRAFFIC CONTROL 18 SECTION 600 - ACCESS 18 600-1 GENERAL 18 600-2 VEHICULAR ACCESS 19 600-3 PEDESTRIAN ACCESS 19 SECTION 601— WORK AREA TRAFFIC CONTROL 19 601-1 GENERAL 19 601-2 TRAFFIC CONTROL PLAN (TCP) 19 PART 8 — LANDSCAPING AND IRRIGATION 20 SECTION 800 - MATERIALS 20 800-1 LANDSCAPING MATERIAL 20 800-1.1 Topsoil 800-1.1.1 General SECTION 801 - INSTALLATION 801-1 General 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 20 20 20 21 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA VILLAGE LANDSCAPING IMPROVEMENTS CONTRACT NO. 7489-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6090-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from Building News, Inc., 990 Park Center Drive, Suite -E, Vista, CA A2081, 760-734-1113. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Page 1 of 41 If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.1 Work by a Subcontractor Page 2 of 41 Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added for compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. Page 3 of 41 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Page 4 of 41 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days. - 1 . ays: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work Page 5 of 41 as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, he shall arrange for a meter and tender an $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Page 6 of 41 City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. Page 7 of 41 The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 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. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 5. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special Page 8 of 41 accommodations to provide access for residents with disabilities in the closed alleys and streets. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644- 3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to homeowner's associations and businesses along San Miguel Drive and San Joaquin Hills Road, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the homeowner's associations and businesses a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Page 9 of 41 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans 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. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" 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 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the Page 10 of 41 other related items of work. The following items of work pertain to the bid items included within the Proposal: BASE BID ITEMS: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, and flag -persons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Traffic Signing: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing, adjusting and installing, stripping per drawings, and all other work items as required to complete the work in place. Item No. 4 Furnish and Install Kelp Style Trash Receptacles: Work under this item shall include, but not limited to, the cost of all labor, equipment and material to install QCP receptacles (Plan keynote symbol LC -05) per quote # 0136555 from QCP (866.703.3434), in place as specified on drawings, and all other work items as required to complete the work in place. Item No. 5 Refinish Ex. Navy Planters on Balboa Blvd.: Work under this item shall include, but not be limited to the cost of all labor, equipment and material cleaning for refinishing of existing QCP planters (Plan keynote symbol C-06) to the same condition as new, and work performed by QCP per quote #13655A from QCP (866.703.3434), and all other work items as required to complete the work in place. All existing plant material shall be protected in place. Item No. 6 Remove Ex. Planters on Main St.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing planters, landscape material and soil fill, including the removal of epoxy adhesive securing planters to sidewalk, and all other items as required to complete the work in place. Item No. 7 Furnish and Install 30" x 30" Malaysian Planters (Replacement): Work under this item shall include, but not limited to, the cost of all labor, equipment and Page 11 of 41 materials for placement, re -securing and leveling QCP planters with epoxy adhesive and plastic shims (Plan keynote symbol C-04), per quote #0136557 from QCP (866.703.3434) as shown on drawings and all other items as required to complete the work in place. Item No. 8 Provide Backfill and Planting of New Malaysian Planters: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for backfilling planters with soil medium and plant material schedule as shown on drawings, and all other items as required to complete the work in place. Item No. 9 Remove & Dispose Existing Hanging Planters: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removal and disposal of existing hanging planters, soil and existing faux plants and all other items as required to complete the work in place. Item No. 10 Furnish and Install Hanging 18" Diam. Planters (Replacement): Work under this item shall include, but not be limited to the cost of all labor, equipment and material for installing QCP hanging planters (Plan keynote symbol C-08) per quote #0137296 from QCP (866.703.3434), including the embedment of threaded sleeves in planters to secure faux plant inserts, and all other work items as required to complete the work in place. Item No. 11 Remove / Metallize/ Re-Powdercoat / Re -attach Ex. Hanging Planter Brackets: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for removing, metalize, re-powdercoat (Ref: quote #00080783 from High Tech Coatings, 714.547.2122) and re -attaching existing hanging planter brackets (Plan keynote symbol C-08), and all other work items as required to complete the work in place. Item No. 12 Furnish and Install Faux Plant Replacements (3 Seasons): Work under this item shall include, but not be limited to the cost of all labor, equipment and material for installing the initial seasonal faux plants (Plan keynote symbol C-08) per quote #30528 from Plantscape Inc. (952.224.9934 attn: Megan Petricka), and delivering the remaining plants to City at the direction of Anthony Petrarca (949.644.3084), and all other work items as required to complete the work in place. Item No. 13 Grub & Clear Ex. Planters @ Balboa Blvd.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing trees, shrubs, soil, and providing temporary protective covers, safety cones, and all other work items as required to complete the work in place. Item No. 14 Furnish and Install 36" Box King Palm @ Balboa Blvd.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 36" box King Palms, and all other work items as required to complete the work in place. Item No. 15 Furnish and Install 36" Box African Tulip Tree: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing Page 12 of 41 and installing 36" box African Tulip Tree, and all other work items as required to complete the work in place. Item No. 16 Furnish and Install 1 Gal. Shrub @ Balboa Blvd.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 1 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 17 Irrigation Repair @ Balboa Blvd. Planters: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing new irrigation spray system within new planter area and repairing existing irrigation system, related to installation of new trees required to bring the existing irrigation systems into a viable working condition acceptable to the Engineer. Item No. 18 Grub & Clear (Directed Areas @ Palm Parking Lot): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing existing trees, shrubs, soil, and debris as directed per drawings, and all other work items as required to complete the work in place. Item No. 19 Furnish and Install 1 Gal. Shrub @ Palm Parking Lot: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 1 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 20 Furnish and Install 5 Gal. Shrub @ Palm Parking Lot: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 5 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 21 Furnish and Install 24" Box Tree @ Palm Parking Lot: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 24" box tree, and all other work items as required to complete the work in place. Item No. 22 Furnish and Install 25' B.T. Mexican Fan Palm @ Palm St.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 25' brown trunk Mexican Fan Palm, and all other work items as required to complete the work in place. Item No. 23 Soil Prep & Fine Grade @ Palm Parking Lot: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for conducting agronomy test, amending existing soil per the test results by rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, fine grading after installation of plant material, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Page 13 of 41 Item No. 24 Furnish and Install 2" Mulch Bed @ Palm Parking Lot: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for installation of post planting 2" mulch bed in all areas not covered by existing shrubs/ground cover, and all other work items as required to complete the work in place. Item No. 25 Furnish and Install 1 Gal Shrub @ Washington St.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 1 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 26 Furnish and Install 5 Gal Shrub @ Washington St.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 5 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 27 Irrigation Repair @ Washington St.: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and new irrigation relating to expanded planters, and connecting to existing irrigation system, and all other work items as required to complete the work in place. Item No. 28 Furnish and Install 1 Gal Shrub @ Balboa Pier Restroom: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 1 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 29 Furnish and Install 5 Gal Shrub @ Balboa Pier Restroom: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 5 Gal. Shrubs, and all other work items as required to complete the work in place. Item No. 30 Furnish and Install Soil Prep / Fine Grade @ Balboa Pier Restroom: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for conducting agronomy test, amending existing soil per the test results by rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, fine grading after installation of plant material, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 31 Remove & Replace Lithocrete Shell Pattern Panels and / or Paving: Work under this item shall be performed by Shaw & Sons Inc. (949.642.0660), but not be limited to, the cost of all labor, equipment and materials for sawcutting and removing / disposing of existing paving, grading, compaction, reinforcement, doweling to adjacent concrete and installing new Lithocrete shell patterned concrete and / or paving (Plan keynote symbol C-10 / C-11 / C-15 / C-16 / C-17), and all other items as required to complete the work in place. Item No. 32 Remove Concrete Paving and prep for Landscaping (Washington St.: Work under this item shall include, but not be limited to, the cost of all labor, Page 14 of 41 equipment and materials for sawcutting and removing / disposing of existing paving, grading, compaction, soil preparation for new landscape (Plan keynote symbol C-12), and all other items as required to complete the work in place. Item No. 33 Remove P.C.C. Curb and Gutter: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for the removal and disposal of existing P.C.C. Curb and Gutter (Plan keynote symbol C-18), and all other items as required to complete the work in place. Item No. 34 Construct P.C.C. Curb and Gutter: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for grading, compacting, forming and construction of P.C.C. Curb and Gutter per City of Newport Beach STD -182-L, including no parking red curb paint (if adjacent) and (Plan keynote symbol C-18), and all other items as required to complete the work in place. Item No. 35 Furnish and Install Truncated Domes and ADA Ramp: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for installation of Truncated Domes and ADA Ramp per City of Newport Beach STD -181- L -B (Case "H" and "I") and STD -181 -L -D, (Plan keynote symbol C-13), and all other items as required to complete the work in place. Item No. 36 Cap Sprinklers and Install Decomposed Granite at Palm St. Planters: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating existing soil surrounding existing palm trees, capping spray system and repairing tree well bubbler system to viable working condition satisfactorily to Engineer, installation and compaction of decomposed granite (Plan keynote symbol C- 01), and all other items as required to complete the work in place. Item No. 37 Remove Pavers and Add Decomposed Granite at Palms on Edgewater: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating existing soil surrounding existing palm trees, removing / disposing concrete pavers, installation and compaction of decomposed granite (Plan keynote symbol C-02), and all other items as required to complete the work in place. Item No. 38 Remove Grates / Cap Electrical and Install Decomposed Granite at Balboa Pier Palms: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing and disposing of existing concrete grates, removing existing in -ground lighting and capping electrical meeting code requirements, excavating existing soil surrounding existing palm trees, repairing as needed tree well bubbler system to viable working condition satisfactorily to Engineer, installation and compaction of decomposed granite (Plan keynote symbol C-03), and all other items as required to complete the work in place Item No. 39 Furnish and Install Ash Urns: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, and installing QCP ash urns per quote #0139360 from QCP (866.703.3434) as shown on drawings (Plan keynote symbol C-09), and all other items as required to complete the work in place. Page 15 of 41 Item No. 40 Furnish and Install 6' QCP Flex Bench: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, and installing QCP 6' Flex Benches per quote #0139360 from QCP (866.703.3434) as shown on drawings (Plan keynote symbol C-07 / C-14), and all other items as required to complete the work in place.. Item No. 41 Provide As -Built Drawings: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for preparing as -built drawings in AutoCAD pursuant to review of redline drawings by Engineer. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http-.Hnewportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page 16 of 41 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall following concrete placement. In addition, shall be repaired, and backfill or asphalt hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb be opened to pedestrian access on the day all forms shall be removed, irrigation systems concrete patchback shall be placed within 72 The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 303-7 COLORED CONCRETE 303-7.1 General Refer to Section 03 47 00 Site Cast Concrete Lithocrete in Appendix SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS Page 17 of 41 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been placed. SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page 18 of 41 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message boards (CMBs), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. Page 19 of 41 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718-3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. Emergency vehicle access shall be maintained at all times. 7. 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. 8. All advanced warning sign installations shall be reflectorized and/or lighted. 9. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718-3466 and all affected property owners. 10. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIAL 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION Page 20 of 41 801-1 General The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City's Urban Forester a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruninq a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. Page 21 of 41 d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 22 of 41 APPENDIX `A' Page 23 of 41 SECTION 03 47 00 SITE -CAST CONCRETE LITHOCRETE 1.1 GENERAL CONDITIONS A. Requirements of the Contract Documents shall apply to work in this Section with the same force and effect as though repeated in full herein. 1.2 SCOPE OF WORK A. The Contractor shall furnish materials, labor, transportation, services, and equipment necessary to furnish and install Lithocrete° architectural concrete paving incorporating the patented Lithocrete° process as indicated on the plans and as specified herein. B. Work included in this Section: 1. Installation of sand subbase. 2. Installation of reinforcing steel. 3. Installation of wood formwork. 4. Installation of Lithocrete° architectural concrete installed under U.S. Patents #4,748,788 and #6,016,635. 1.3 QUALITY ASSURANCE A. Testing Agency: The Engineer shall designate a qualified testing agency. B. Analyses: Samples of materials may be taken and analyzed for conformity to this specification at any time. The Contractor shall furnish samples as requested by Engineer. C. Cost of Testing: The City shall pay the costs of initial testing of materials. The Contractor shall pay all costs for re-test(s) due to failure(s) to pass initial test(s). D. Allowable Tolerances: 1. Concrete shall be installed true to line and grade and as indicated on Drawings. The finish surface of concrete paving shall not vary more than '/4 -inch per foot except at grade breaks. No "birdbaths" or other surface irregularities will be permitted. The Contractor shall correct identified irregularities to the satisfaction of the Engineer. 2. The Contractor shall take care in details of forming, setting, reinforcing, mixing and placing concrete exposed in finish work to obtain smooth, even surfaces of dense concrete. 3. Drainage: The Contractor shall be responsible for providing proper drainage, without "birdbaths" on paving surfaces. Discrepancies or omissions on Drawings, or on-site conditions, which prevent proper Page 24 of 41 drainage to be brought in writing to the Engineer's attention for direction prior to beginning work. E. Applicable Standards: The Contractor shall comply with the following: 1. Lithocrete° Personnel Training manual, latest revision February 1998. 2. ACI — American Concrete Institute, "ACI Manual of Concrete Practice", 2001 edition. 3. Portland Cement Association — "Design and Control of Concrete Mixtures", 13th Edition. 4. ASTM — American Society of Testing Materials. 5. AWS — "Welding Reinforcing Steel, Metal Inserts and Connections in Reinforcing Concrete Construction. 6. U.S. patents for Lithocrete° #4,748,788 and #6,016,635. F. Quality Control: The Contractor shall take necessary measures so that quality control is maintained by licensed installers of Lithocrete® throughout duration of project to the satisfaction of the Engineer. 1.4 SUBMITTALS A. The Contractor shall submit shop drawings and other product data specified herein at least 30 calendar days prior to commencement of construction of Lithocrete° sidewalk or pavement. B. The Contractor shall provide certified mill test reports as to chemical and physical properties of reinforcing bars furnished. C. The Contractor shall submit (1) copy of a Statement of Mix Design prepared by the batch plant servicing Project for each concrete type delivered to Project. The Statement of Mix Design shall contain following information: 1. Name, address, and telephone number of batch plant preparing statement of mix design. 2. Date of mix design. 3. Project location. 4. Contractor requesting load delivery. 5. Mix design number. 6. Integral color used, if any. 7. Gradations for sand and aggregate. 8. Material weights, specific gravity, and absolute volumes. 9. Basis of testing, i.e. UBC 2605 D4 and Title 24 2604 D4. 10. Water/cement ratio. 11. Admixtures. 12. PSI rating. 13. Signature of testing laboratory manager. 14. Signed stamp from registered structural engineer or architect. D. The Contractor shall furnish on-site samples at a location designated by the Engineer: Page 25 of 41 1. At least 30 calendar days prior to construction, the contractor shall, provide (1) 4 -foot x 4 -foot x 4 -inch sample of each Lithocrete® paving type specified on Drawings. 2. Each mock-up shall contain joint types as indicated on the Drawings, i.e. construction, contraction, and isolation. 3. The Engineer's approved mock-ups shall be the standard for future paving review and approval. 4. The Contractor shall remove mock-ups from site upon completion of Work. E. Extra Stock: The Contractor shall provide an additional 5 percent of each Lithocrete® aggregate type to the City Maintenance Yard for future paving repairs. 1.5 PRODUCT HANDLING A. Materials shall be stored in a dry and protected location. Reinforcing steel and dowels shall be protected from rusting, deformation, staining, and moisture damage. B. LithocreteO aggregate shall be kept dry and clean prior to installation. 1.6 PROJECT CONDITIONS A. The Contractor shall ensure that substrate for concrete paving meets the Engineer's approval before beginning work. Discrepancies shall be brought to the Engineer's attention. Work shall not begin until any unsatisfactory conditions have been resolved to the Engineer's satisfaction. B. Sequencing and Scheduling of Work: 1. Other Trades Work: a. The Contractor shall coordinate with other trades items that need to be furnished and set in place prior to beginning work. Portions of other trades work to be executed by them so as to not delay progress of Contractors work. b. The Contractor shall be responsible for proper installation of accessories embedded in concrete for provision of holes, vaults, and openings, necessary to execution of other trades work. C. After wood forms have been placed and approved by Engineer, the Contractor shall ensure that other trades have been notified and given sufficient time to complete their portion of work. 1.7 SUBSTITUTIONS A. No paving finishes other than Lithocrete@ shall be allowed. 1.8 REVIEW OF SITE Page 26 of 41 A. The Contractor shall visit project site and review existing conditions prior to submitting bid. 1.9 WARRANTY A. Warranty Period: In addition to manufacturer's guarantees for products installed under this Specification, concrete work shall be warranted for one year from date of Final Acceptance against defects in materials and workmanship by Contractor. Warranty shall also cover repair and damage to materials and workmanship to the Engineer's satisfaction. B. Warranty Exception: The Contractor shall not be held responsible for paving failure due to vandalism, or Acts of God during stated warranty period. PART 2 PRODUCTS 2.1 PORTLAND CEMENT A. Type V cement shall be used wherever specified in the Project Soils Report. B. The same brand of cement from a single source shall be used throughout entire project. 2.2 FINE AGGREGATE (washed concrete sand) A. Clean, hard, and durable washed concrete sand, conforming to ASTM C33 shall be used. B. Sand from a single source shall be used throughout entire project. 2.3 COARSE AGGREGATE A. Clean, hard, and durable coarse aggregate, conforming to ASTM C33 shall be used. B. Aggregate from a single source shall be used throughout entire project. 2.4 LITHOCRETE° AGGREGATE A. Refer to the Plans for specified Lithocrete® aggregate type, size, color, and distribution percentage. B. Lithocrete® aggregate from the same source for each paving type specified shall be used throughout entire project. C. Lithocrete® aggregates shall be kept clean and dry prior to broadcasting. 2.5 WATER A. Water shall be free from deleterious materials such as oils, acids, and organic matter. Page 27 of 41 2.6 ADMIXTURES A. Integral Coloring Admixture (dry pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. L.M. Scofield, (800) 800-9900 or www.scofield.com. b. Colorfull by Admixtures, Inc.; (626) 357-3263. C. QC Construction Products; (800) 453-8213 or www.gconprod.com. d. Davis Colors; (800) 800-6856 or www.daviscolors.com. B. Integral Coloring Admixture (liquid pigment): Refer to the Plans for color type and manufacturer. 1. Acceptable Manufacturers: a. Solomon Colors: (800) 624-0261, or www.solomoncolors.com. b. Davis Colors/LaPorte: (800) 800-6856, or www.daviscolors.com. C. Set Retarder: Conforming to ASTM C494, Type B and D. 1. Acceptable Manufacturers: a. Grace Construction Products: Daratard@, 17 Set Retarder (800) 433-0020, or www.graceconstruction.com/concrete/au_setretard. html. b. Master Builders, Inc.; Pozzolith® Retarder, (800) 628-9990, or www.masterbuiIders.com/MB/pub/Products.asp?TypeCat=1 &ParentlD=133w.masterbuilders.com. D. Shrinkage Reducing Admixtures: Conforming to ASTM C157. 1. Acceptable Manufacturers: a. Grace Construction Products; Eclipse°, (800) 433-0020, or www.graceconstruction.com/concrete/shrinkage reducers.ht ml#eclipse. 1) Eclipse° Shrinkage Reducing Admixture is a liquid admixture which dramatically reduces concrete shrinkage and curling due to drying. E. Air Entrainment Admixtures: Conforming to ASTM C260. 1. Acceptable Manufacturers: a. Grace Construction Products; Daravair°, (800) 433-0020, or www.graceconstruction.com/concrete/air entraining.html#da ravair. b. Master Builders, Inc.; Micro -Air@, (800) 628-9990, or www.masterbuilders.com/MB/pub/Product.asp?TypeCat=2& ParentlD=78&Prod uctl D=22. Page 28 of 41 F. Water Reducing Admixtures: Conforming to ASTM C494, Type A. 1. Acceptable Manufacturers: a. Grace Construction Products; WRDAO, (800) 433-0020, or www.graceconstruction.com/concrete/water reducers.html#wrda. b. Master Builders, Inc.; Micro -Air@ (800) 628-9990, or www.masterbuilders.com. 2.7 READY MIXED CONCRETE A. Ready mixed concrete shall be batched, mixed and transported in accordance with ASTM C94 - "Specifications for Ready Mixed Concrete." 2.8 REINFORCING A. Reinforcing Steel shall conform to ASTM A615, clean and free of rust, dirt, grease or oils. B. Tie Wire shall be 16 -gauge galvanized steel conforming to ASTM A82, clean, and free of rust, dirt, grease or oils. C. Supports for Reinforcement: 1. Supports for reinforcement shall be provided including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars in place. D. Polypropylene Fiber Reinforcement shall be 100 percent virgin multifilament polypropylene fibers, complying with ASTM C 1116 - Type III. 1. Acceptable Manufacturers: a. Fibermesh; Fibermix Stealth° — 1/4" long (423) 892-8080, or www.fibermesh.com/family/stealth.htm. b. Grace Construction Products; MicroFiberTM (800)433-0020, or www.graceconstruction.com/concrete/fibers.html 2. Application Rate: Per Statement of Design Mix. 2.9 ISOLATION JOINT MATERIALS A. Refer to Section 303-5.4 — Joint Sealers for isolation joint construction. 2.10 CONSTRUCTION JOINT DOWELS A. Dowels shall be 1/2 -inch -diameter Rebar, free of dirt, grease, and oils. Encase 50 percent of each dowel in a Speed DowelTM plastic sleeve to allow parallel lateral movement of each dowel. Contact Greenstreak at (800) 325-9504, or www.greenstreak.com/speeddoweIhome.htm. 2.11 FLY ASH Page 29 of 41 A. ASTM C618 - Type F fly ash shall be used only when specifically called for in Statement of Mix Design. PART 3 EXECUTION 3.1 SUBGRADE A. Subgrade shall meet the requirements of project's soils report. B. The Contractor shall install a 4 -inch layer of graded washed concrete sand compacted to 95 percent relative compaction over subgrade prior to placing concrete. C. Sand shall be screed to a smooth plane. D. The Contractor shall ensure that utilities, including irrigation lines are buried and compacted below bottom of sand layer. E. Sand shall be kept damp prior to placing concrete with no visible standing water present. 3.2 FORM WORK A. The Contractor shall be responsible for design and engineering of formwork as well as its construction. B. Forms shall be constructed accurately to dimensions, plumb and true to line and grade. Formwork shall be set tight and braced so as to maintain position and shape during placement of reinforcing steel and concrete. C. The Contractor shall carefully examine the Plans and provide necessary recesses and openings of proper sizes and shapes. Anchor plates, inserts, and other items to be embedded in concrete shall be secured accurately so that they will not be displaced during concrete placement. D. Form lumber shall be new #2 or better grade wood, free of splits, knotholes, and true to line both horizontally and vertically. E. Formwork shall be set where both horizontal and vertical planes are straight and plumb. F. Forms shall be constructed in such a manner that construction joints occur at locations indicated on Plans. In any case, a maximum of 20 -feet by 20 - feet shall not be exceeded in any given formed construction area. G. Formwork shall be observed carefully and checked for alignment and level as work proceeds and shall be adjusted as necessary and/or as directed by the Engineer. Page 30 of 41 H. Formwork Approval: The Engineer's approval must be attained before placing concrete. Formwork shall remain in place long enough for concrete to set properly. Supporting forms shall not be removed until concrete has obtained sufficient strength to supports its own weight without deflection. J. Forms shall be removed when appropriate and discard offsite. 3.3 REINFORCEMENT A. Reinforcement shall be places as indicated on Plans. B. Reinforcement shall be placed accurately and securely. Steel shall be fastened to prevent displacement before and during placement of concrete. C. Steel bars shall be supported with tie wire and suitable steel bar cradles. D. Reinforcement shall be bent and placed in accordance with ACI standards. E. Steel bars shall be wet to cool prior to placement of concrete. 3.4 DESIGN OF MIXES AND PROPORTIONING A. Proportion and mix of cement, aggregate, admixture and water to attain required plasticity and strength shall conform with the current edition of ACI Manual of Concrete Practice and PCA "Design and Control of Concrete Mixtures." B. Concrete mixtures shall be designed by an approved commercial testing laboratory, using approved materials to obtain specified minimum compressive strength. C. Concrete Mix Criteria: 1. Slump.- a. lump:a. Maximum: 5 -inches. b Minimum: 3 -inches. 2. PSI Rating: a. At 7 days: minimum of 2,500. b. At 28 days: minimum of 4,000. 3. Cement: a. Type: Type II. b. Quantity per yard of mix: 1. Minimum: 6 sacks. 2. Maximum: 7 sacks. Page 31 of 41 4. Water / cement ratio: 0.63 — 0.67, 5. Fine Aggregate (washed concrete sand): 70 percent of total. 6. Coarse Aggregate: 30 percent of total. 7. Admixtures: a. Air entrainment: Do not exceed 2 percent. b. Shrinkage Reducing: Do not exceed 2 percent by weight of cement. 8. Fly ash: Use only when seeding reactive Lithocrete° aggregates. 9. Non -Chloride Accelerators: Do not use corrosive accelerators such as calcium chloride. 10. Concrete Delivery: Do not use concrete loads exceeding 90 minutes from time of batching. 11. Ensure that batch plant guarantees single source supply for cement, fine aggregate, and coarse aggregate for entire length of project. 3.4 LITHOCRETE° AGGREGATE INSTALLTION A. Broadcasting of Lithocrete® aggregates shall be performed only through a licensed Lithocrete® installer. B. Lithocrete° process of embedding surface -seeded aggregates incorporates, but is not limited to the following proprietary products: 1. Lithocrete ConditionerTM. 2. Lithocrete Etch -Retarder°. 3. LithosealTM paving surface sealer. 3.5 JOINTING A. The provisions of to ACI 302 "Guide for Concrete Floor and Slab Construction" shall apply to work under this section. B. Contraction Joints. - 1 . oints:1. Contraction and construction joints shall be sawcut in locations as indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Sawcut Depth: a. Contraction joints shall be 1/4th depth of slab. b. Decorative sawcut joints shall be Y2 -inch. Page 32 of 41 5. Joints shall be sawcut in a straight line with no overcutting at intersections. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. C. Construction Joints: 1. Construction joints shall be sawcut in locations indicated on the Plans. 2. Jointing shall be performed with a new diamond tip circular saw. 3. Joint width shall not exceed 3/16 -inch in width. 4. Depth of sawcut shall be full depth. 5. Joints shall be sawcut in a straight line with no overcutting. 6. A hand grinder with a 4 -inch diamond blade shall be used to sawcut up to vertical edges such as walls, steps, curbs and columns. Overcutting into vertical surfaces or adjacent concrete shall be avoided. D. Isolation Joints: 1. Install isolation joints and caulking under Section 303-5.4 of the Greenbook. 3.6 DAMAGED CONCRETE A. Damaged concrete paving shall be replaced at Contractor's expense when damage is done by direct negligence of Contractor. 3.7 CURING AND PROTECTION A. After initial Lithocrete® aggregate exposure, the concrete shall be cured by continuously sprinkling or fogging paving with water for minimum 7 days. Barricades, delineators, safety ribbon, and/or any other measures deemed necessary by the Engineer shall be installed by the Contractor around concrete during the curing period. B. After initial concrete placement, concrete shall be opened to pedestrian traffic within 14 days, and shall be opened for vehicular traffic in 28 days, unless otherwise directed by the Engineer. 3.8 SEALING Page 33 of 41 A. After paving has cured, the Contractor shall seal the surface of Lithocrete® concrete with a minimum of (3) light coats of LithosealTM paving sealer, in accordance with the manufacturer's specifications. B. Additional sealers to LithosealTM shall not be allowed without approval by the Engineer. 3.9 CLEANUP A. The work area shall be kept clean, neat and orderly throughout the duration of the project. B. Prior to Final Acceptance review by the Engineer, the Contractor shall clean and remove deleterious materials and debris from entire work area. END OF SECTION Page 34 of 41 SECTION 32 33 00 SITE FURNISHINGS PART 1 - GENERAL 1.01 SUMMARY A. The requirements of this Specification Section are in addition to the requirements of the "Greenbook" Standard Specifications for Public Works Construction. B. General: Provide Site Furnishings in accordance with Contract Documents. 1. The general provisions of the Contract including General Conditions, Specification Sections and the Approved Drawings shall apply to all work of this Section with the same force and effect as though repeated in full herein. C. Related Work Specified Elsewhere 1. Refer to Drawings. D. Summary of work: Provide all labor, equipment and materials required for the furnishing and installing site furnishings, for the following: 1. Landscape Planters. 2. Steel Hanging Planter Brackets 3. Trash Receptacles 4. Benches. 5. Faux Plants. 1.02 REFERENCES A. Except as modified by governing codes and by the Contract Documents, comply with the applicable provisions and recommendations of the manufacturers. B. Where the language in any of the documents referred to herein is in the form of a recommendation or suggestion, such recommendation or suggestion shall be deemed to be mandatory under this Contract. 1.03 SUBMITTALS A. Product Data: For each type of product indicated. Include information concerning materials, dimensions, sizes, colors, finishes, connections and installation requirements for review and approval. Page 35 of 41 B. Maintenance Data: For site furnishings to include in maintenance manuals. C. Recycled Content Certification: For products having recycled content, documentation indicating percentages by weight of postconsumer and pre - consumer recycled content. Include statement indicating costs for each product having recycled content. 1.04 QUALITY ASSURANCE A. Source Limitations: Obtain each type of site furnishings through one source from a single manufacturer. B. Layout: Lay out site furnishings to verify locations, orientations, and other similar details of installation and to demonstrate and establish quality standards of execution for placing and orientating site furnishings prior to permanently fixing site furnishings in place. 1. Notify Engineer 48 hours in advance of dates and times when site furnishing layouts is to be installed. a. It is expected that all layout reviews will be during standard working hours. 1) The Landscape Architect shall be paid by the Contractor for any reviews that are held during non- business hours. 2) Payment shall be at 1.5 times the Landscape Architect's standard hourly rate. 2. Temporarily set not less than one complete site furnishing of each type indicated. Specific locations of each type of site furnishing shall be as directed by Engineer. 3. Mark precise locations of balance of each type of site furnishing, indicating orientation and other similar details of installation. Indicate conditions specifically affecting installation of site furnishings at each location. 4. Approval of layout does not constitute approval of deviations from the Contract Documents contained unless Engineer specifically approves such deviations in writing. 5. Obtain written approval of layouts by Engineer before starting permanent installation. 6. Approved layouts may become part of the completed Work if undisturbed at time of Substantial Completion. Page 36 of 41 PART 2- PRODUCTS A.01 SITE FURNISHINGS A. Landscape Planters - See Drawings B. Steel Hanging Planter Brackets - See Drawings C. Trash Receptacles - See Drawings D. Benches - See Drawings E. Faux Plants - See Drawings PART 3 - EXECUTION 3.01 EXAMINATION A. Examine areas and conditions, with installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.02 INSTALLATION, GENERAL A. Comply with manufacturer's written installation specifications, instructions and recommendations. Complete field assembly of site furnishings, where required. B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed. C. Install site furnishings level, plumb, true, and anchored or located as indicated on Drawings and as directed by the Landscape Architect. 3.03 CLEANING A. After completing site furnishing installation, inspect components. Remove spots, dirt, and debris. Repair damaged finishes to match original finish or replace component. END OF SECTION 323300 Page 37 of 41 APPENDIX `B' SITE FURNISHING IMAGES Page 38 of 41 Sample Bracket (remove/metalize/powder coat/re-install) and hanging planter to be replaced Typical Planter to be refinished in Place (Balboa Blvd). Page 39 of 41 Typical Planters to be replaced on Main St Typical Spring / Summer Faux Plant for Hanging Planters (Red Geranium/Leather Leaf Fern / asparagus Fern) Page 40 of 41 Typical Fall Season Faux Plant for Hanging Planters (Fall Ribbon Grass / Red&Yellow Bromekiad) Typical Holiday Season Faux Plant for Hanging Planters (Red Poinsettia) Page 41 of 41