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HomeMy WebLinkAboutC-7434-1 - Concrete Replacement Program 19R06June 11, 2020 Golden Phoenix Construction Company, Inc. Attn: Faris Naman 40 N. Altadena Drive, Suite 205 Pasadena, CA 91107 Subject: Concrete Replacement Program — C-7434-1 Dear Mr. Naman: CITY OF NEWPOPTSIEACIA 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-6443039 FAX newportbeachca.gov On June 11, 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 June 13, 2019 Reference No. 2019000205628. The Surety for the contract is Alllied World Insurance Company and the bond number is S001-6133. Enclosed is the Faithful Performance Bond. Sincerely, ���,�� Leilani I. Brown, MMC City Clerk Enclosure CORRECTED ORIGINALS EXECUTED IN DUPLICATE BOND NO. S001-6133 PREMIUM: $9,480.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT EXHIBIT B BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. S001-6133 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT The premium charges on this Bond is $ 9,480.00 BASED ON FINAL CONTRACT PRICE, being at the rate of $14.40/$8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Golden Phoenix Construction Company, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of distributing notification door - hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents, 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 ALLIED WORLD INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Two Thousand Eighty Three Dollars and 29/100 ($762,083.29) 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. Golden Phoenix Construction Company, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Surety above named, on the 14TH day of GOLDEN PHOENIX CONSTRUCTION COMPANY, INC. Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 550 SOUTH HOPE STREET, SUITE 1825 LOS ANGELES, CA 90071 Address of Surety 213/416-1453 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IZ%Z®/Z'oIS By Jde� p,i'Aaron C. Harp Ia.a.0.I8 City Attorney MYNA Authorized Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED and CEO Golden Phoenix Construction Company, 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 Califo(rma County of 1 u1 An/ae.4 ) ss. On 1,2j :� r 20,L1- before me, S C5- tnLk44Nr--kA Notary Public, personally appeared --t:: r �� who proved to me on the basis of satisfactory a Bence 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, 1��& Signature ELISACABURNAY. ItTH COMM. #2204673 z a Notary Pu61ic - Cellfornia p x Los AnAeles County f My Comm. Expires July 13, 2021 i 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) Golden Phoenix Construction Company, Inc. Page B-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 the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of SAN DIEGO J} On 12/14/2018 Date before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personm whose named Is/are subscribed to the within Instrument and acknowledged to me that he/eheffheq executed the same In hlsA #their authorized capacity(les), and that by his/herlthelr signature(6) on the instrument the person(6), or the entity upon behalf of which the persons) acted, executed the Instrument. SANDRA FIGUEROA COMM. 8 2162642 Z SAN DIEGO COUNTY QQ4 J NOTARY PUBLIC -CALIFORNIA MY COMMISSION EXPIRES AUGUST 14, 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AA �� � Signature of NotPublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ® Attorney in Fact 0 Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer Is Representing: ao �aa�aso��av�a�aeaxaaaatatta�eanttxa aaaraaaaaa 02017 National Notary Association Issue Date: September 17, 2018 ALLIED WORLD INSURANCE COMPANY 199 Water Street New York, NY 10038 USA POWER OF A'I i'ORNEY No, 50347-A 1559 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company) does hereby appoint NAME(s): Mark U. lamania John G. Maloney I Jelen Malone - — ----- FIRM: Helen Maloney & Associates Insurance Services Inc 435 West Grand Ave Escondido, CA 92025 Its true and lawful Altomey(s)-in-Fact, with full authority to execute on its behalf bands, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf - This 17th day of September, 2018 9d4 RW LUA MY an9{hrtN19OI1EH+Y�'iMard2111,— _ - --. Name: Robert E. Staples Title: Senior Vice President -: Surety State of Pennsylvania County of Philadelphia )SS. On this 17th day of September, 2018, before me came the above-named officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to be the Individual and officer described herein, and acknowledged that he executed the foregoing instalment and affixed the seats of said corporation thereto by authority of his office. --A�.-- W&,, - Notary My Commission Expires: 03/28/2020 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012: RESOLVED, that the proper officers of the cooperation, the head of the surely business line for the Connotation and their appointed designees (each an 'Authorized Officer"and oilectively, the 'Aut eiized Officers') be, and each hereby is, authored to appoint one or we Attorneys-FnEad to represent and act for and on behalf of the Corporation in the transaction of the Carol surety business to execute (under the common seal of the Corporation, if appropriate) bonds, underiakings, omognizancesand other "facts of indemnity and mfi<gs obligatory in the notice thereof. RESOLVED, that In connection with the Capoialion's transaction of surely business, the signatures and anestations of the A-ncor ed officers awl tie seat of the Coporadorfmay be affixed to any such Power of Attorney a to any mN'ficale relating thereto by facsimile, and any such Power of Attorney or certificate Haring such facsimile signatures or facsimile scat shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, recognizance a other contract of indemnitya wrill obligatory in the nature thereof. RESOLVED, that in ce-nedat Win the Corporation's transaction of surety business, the facsimile or medhanketiy reproduced signature of any Authorized Officer, whether made heretofore a hereafter, wherever appearing upon a copy of any Power of Altomey of the Corporal with signatures airxaf as next above acted, shall be valid and binding upon the G rporation with the same force and effect as though manuatyalixed. RESOLVED, Thal in connection with the Gmerafiafs tonsactiah of surety business, any such Altaney-in Fad detivenng a seomtanal or other oldfilecaton that tie foregoing resdufons still be in erect may insert in such corfifictoon the date fionsf, said date to be not later (hall be date of delivery thereof by such Allomcy-in-Fact. RESOLVED, that the Authorized Officors be, and each hereby is, authorized to execute (under the cannron seal of Inc Corporation, t appropriate), make, fila and deliver in the shame and on behalf of fhe Corporation any and all elements, certfiaales, mrool ls, amendments, supplements, inshuments and otter comments Wlatsme r, and do any and all often things whatseever in oannecfion will the CaporaLcut's transaction of surety business, as such Auihaized Officer shall in his or her absolute discretion deem or determine appropriate and any of the foregoing resdutions, the transactions contemplated final and any andllary, matters thomlo andi to carry cult the l artooes and intent (hover, suds deeming adeterminaton to be condusrvely evidenced by any such executiah or the taking of any such action by such Andonzed Officer. I, Sung. Lee, secretary of the. AU IBI) WOULD INSURANCE COMPANY, <to hereby certify that the foregoing excerpts of Resolution adopted by the Iknenf of Decclas of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that Thoth the Resolution and the Power of Attorney air. in full force and effect. 1 71'I'Ii IN WITNESS WHEREOF, I have hereunto set my hand and all the famimile seat of the comeration,If no_ day of D13CEM]SP;l2 20 18 All Claim Notices should be sent to the below: Allied Wold hxch.uance Company Attn: Surety Uepannhent 30 South 17u' Sh'eel, Suite 1000 Philadelphia, PA 19103 ulaooaa000(osjzol1 Sung Lee, VP, Legal August 19, 2019 Golden Phoenix Construction Company, Inc. Attn: Faris Naman 40 N. Altadena Drive, Suite 205 Pasadena, CA 91107 Subject: Concrete Replacement Program C-7434-1 Dear Mr. Naman: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov On June 11, 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 June 13, 2019, Reference No. 2019000205628. The Surety for the bond is Allied World Insurance Company and the bond number is 5001-6133. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilam �IBrown, MMC City Clerk Enclosure CORRECTED ORIGINALS EXECUTED IN DUPLICATE BOND NO. S001-6133 PRFMIUM INCLUDED IN PERFORMANCE BOND EXHIBIT A CITY OF NEWPORT BEACH BOND NO. S001-6133 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Golden Phoenix Construction Company, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of distributing notification door - hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents, 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, ALLIED WORLD INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Two Thousand Eighty Three Dollars and 291100 ($762,083.29) 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, Golden Phoenix Construction Company, Inc. Page A-1 in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 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 14TH day of DECEMBER , 20 18. s GOLDEN PHOENIX CONSTRUCTION COMPANY, INC. Name of Contractor (Principal) Authorized Signat e/Title FANS JAMAN, CEO ALLIED WORLD INSURANCE COMPANY /'�� 0 - Name of Surety Authorized Agent Signature 550 SOUTH HOPE STREET, SUITE 1825 LOS ANGELES, CA 90071 Address of Surety 213/416-1453 Telephone APPROVED AS TO FORM: CITY ATTORNEY'p ATTORNEY'OFFICE Date: 17, (3 By: L+�iL.-. - Ba:Aaron C. Harp ta.ao•18 City Attorney MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Golden Phoenix Construction Company, 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, ac(uracy, or validity of that document. State of California �t"A County of t . 4n/ e ) ss. On I %i Il . 201$_ before me, _ U cG f., �wruW N �,. Notary Public, personally appeared , hjl- ..,,.) �— 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. A LIS Signature ELISA CABURNAY CORTES COMM. #2204673 Z �. ar Notary Public • California z _ Los Angeles County Comm. Expires July 13, 2021+ ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Golden Phoenix Construction Company, 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 the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of SAN DIEGO 1} On 12/14/2018 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/skeAhey executed the same in his/he#the# authorized capaclty(les), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the Instrument. SANDRA FIGUEROA r COMM. 8216264? -- z SAN DIEGO COUNTY QQ y NOTARY PUBLIC-CALIFORNIA2 MY COMMISSION EXPIRES AUGUST 14, 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of 14tory Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual M Attorney in Fact 0 Trustee 0 Guardian of Conservator ❑ Other: Signer Is Representing: 02017 National Notary Association of Pages: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner— 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Other: Signer is Representing: 0 Guardian of Conservator MWORLD fssueDate: September 17, 2018 ALLIED WORLD INSURANCE COMPANY 199 Water Street New York, NY 10038 USA POWER OF ATTORNEY No. 50347-A 1560 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company') does hereby appoint NAME(s): Mark D. latarola - John G. Maloney Helen Maloney FIRM: I& Associates Insurance Sery Grand Ave Escondido, CA 92025 Its true and lawful Altomey(s)-in-Fact. With full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued In the course of its business, and to bind the Company thereby. This Power ofAttomey shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 17th day of September, 2018/80TAR1AI. p► SFA1. m v A. RAt1A L UON+URJL, NttxN Pucn/k [illy rAt�, PIIk6. CmY Itq CxMnnebtiuhh Ctpx7atf Mudr 1sv'16i0 NamM e: Robert E. Staples Iftle: Senior Vice President - Surew State of Pennsylvania County of Philadelphia )ss. On this 17th day of September, 2018, before me came the above-named officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. Notary My Commission Expires: 03/28/2020 CERTIFICATE Excerpt of Resolufion adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012: RESOLVED, that is properoficers of the corporation, he head of the surety business line for the Corporation and their appointed designees (each an "Autlwdzed OMW and collectively, the "Authorized O ficarsl be, and each hereby is, adhaized to appoint one Or more Atlomeysin-Fad to represent and act fa and on behalf of the Caporatlon in the transaction of the Companys surety business to execute (under the common seat of the Gorpora0m; if appropriate) bonds, undertaldrgs, reoognvancesand other contracts of indemnity and writings oMlgatory in the nature thereof. RESOLVED, that in connection with the Caperatlon's torsacton of surety business, the signatures and attestalions of the Authorized Ods and the seal of the Corporation may be affixed to any such Power of Attorney a to any cerh'ficate relating thereto by facsimile, aM any such Pavia of Attorney or cortficate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Cerponnon when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity, orwdtirg obligatory In the nature thereof. RESOLVED, that in aanedlon with the Corporation's tansacton of surety business, the facsimile a mechanically reproduced signature of any Authorized Officer, whether made heretofore or hereafter, wherever appeari g upon a copy of any PwresWAtaney of the Corporation, with signatures affixed as next above holed, shall be valid and binding upon the Corporation with the same force and effect as trough manually effaced. RESOLVED, that tu connection with is Corpomtah's transaction of surety business, any such Atumeyln-Fad delivering a secretarial or other codification that the lNegoing resolutions still be in effect may nsert in such certification the date thereof, said date to be rmt later than the date of delivery thereof bysuch Ataneyin-Fad. RESOLVED, that the AWhaizsd Oficas be, and each hemby is, aubaized to execute (under live carmen seal of the cerpoefion, If appropriate), make, file and deliver in the name and m behalf of the Corporation any and all consents, cartFsates, agmemens, amendments, supplements; instruments and other documents whatsoever, and do any and all other things whatsoever in correction with the Corporation's tarsaction of surety business, as such Authorized Oficer shall in his or her absolute di5aeton deem or determine appropriate and any M the foregoing resdlutons, the transactions centamplated thereby and any ancillary matters thereto and/or to cavy at the purposes and intent thereof, such dooming ordetemur aeon to be conclusively evidenced by any such execution athe taking of any such attar by such Authorized Officer. I, Sung Lee, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and cared, and that both (he Resolution and the Power of Attorney are in full force and effect 14TH DECEMBER 18 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation, this _day of 20_ All Claim Notices should be sent to the below: Allied World Insurance Company Ann: Stu'ety Department 30 South 17' Street, Suite 1600 Philadelphia, PA 19103 SUR 0004600(05/2016) Sung Lee, VP, Legal Batch 4694164 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 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE S k 0 0 1 0 9 0 1 2 7 0 $ 2019000205628 8:21 am 06113119 90 SC5 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 Golden Phoenix Construction Company, Inc., Pasadena, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-7434-1 Work on said Contract was completed, and was found to be acceptable on June 11, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Allied World Insurance Comoanv. BY '�1.2 az 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 ����i� W �� at Newport Beach, California. M E _21.17M'1111 r MPA, I https:Hgs.secure-recording.corn/Batch/Confirmation/4694164 06/13/2019 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 Golden Phoenix Construction Company, Inc., Pasadena, California, as Contractor, entered into a Contract on November 27, 2018. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-7434-1 Work on said Contract was completed, and was found to be acceptable on June 11, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Allied World Insurance Company. BY ZdLe Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 11 n Executed on �TUdl�/1 '�i 'd� ��� at Newport Beach, California. ' Uz i. JU 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 7th day of November, 2018, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 $750,000 Engineer's Estimate Appro ed by el J. Sinacori Acting City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/qovernment/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 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 CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 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 confine 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, 2iid 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, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. License # 853461; Class A, B, C10, C7, C16 Faris Naman, CEO Contractor's License No. & Classification Authorized Signature/Title DIR #1000-0039-40, Expiry 06/30/2019 11/7/2018 DIR Reference Number & Expiration Date Date Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric Bidder 5 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 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 GREATER AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE REPLACEMENT PROGRAM, Contract No. 7434-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 30TH GOLDEN PHOENIX CONSTRUCTION COMPANY, INC DBA: GOLDEN PHOENIX ELECTRIC Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 550 SOUTH HOPE STREET, SUITE 1825 LOS ANGELES, CA 90071 Address of Surety 213/416-1453 Telephone day of OCTOB , 2018. Authoriz Signat /Tltl FARIS NAMAN, CEO ---A - 0 —&JZZ4— — Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C*1 ACKNOWLEDGMENT ............................................... ■ ............................. ■ ■ State of California County of C } SS. On1 zo Ik before me, personally appeared TAMA 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 h nd and official seal. Signature 11 ELISA CABURNAY CORTES COMM. #2204673 <. a%A.999:h, Notary Public • California o zLos Angeles County Com mom. Ex fires July 121 ............................................... ■ ............................. ■ ■ 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 Thumbprint of Signer ❑■ Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................................... ■ ............................ 0 ■ ■ State of CaIifort, is County of } ss. On 00&WIR-/ personally appeared 2 1� before me, CA I -f ea , 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 QMELISA CABURNAY FORTES COMM. #12204673 i Notary Public • CaliforniaZLos Angeles County o Comm. Ex ires July 13, 2021 ............................................... ■ ............................. ■ . 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: H., Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of SAN DIEGO J} On 10/30/2018 before me, LENASA DESHON SCOTT, NOTARY PUBLIC Date Here insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&} is/a; subscribed to the within instrument and acknowledged to me that he/5eq executed the same in his/`e# authorized capacity(ies), and that by his/HeFAhei signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. LENASA DESHON SCOTT COMM. # 2237173 ZSAN DIEGO COUNTY y',. NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES APRIL 07, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature� Sign•_ of •••Public yr I ivrvf►L Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ALLIED WORLD INSURANCE COMPANY A�� /L L I E 199 Water Street YY Q ,,, L New York, NY 10038 USA POWER OF ATTORNEY Issue Date: April 10, 2018 No. 50347-A1417 Seigle Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company") does hereby appoint NAME(s): Mark D. latarola FIRM John G. Ma Helen Maloney Helen Maloney & Associates Insurance Services Inc 435 West Grand Ave Escondido, CA 92025 Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below. whn is duly authorized and empowered to execute on the Company's behalf. This 10th day of April, 2018 zJi7iMCfih''"ti f�Et i 9YLYAiMyA MKiTARIAL SEAL City N Phlljs+rk 14tia, Rft. COOMY ;#y C�.mKY1a;Ei�t t:x:i['�s J/afch Pl, State of Pennsylvania County of Philadelphia )SS. On this 10th day of April, 2018, before me came the above-named officer of ALLIED WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. Name: Robert E. Staples Title: Senior Vice President -Surety Notary My Commission Expires: 03/28/2020 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on December 31, 2012: - RESOLVED, that the proper officers of the Corporation, the head of the surety business line for the Corporation and their appointed designees (each an "Authorized Office( and collectively, the "Authorized Officers") be, and each hereby is, authorized to appoint one or more Aftomeys-in-Fact to represent and act for and on behalf of the Corporation in the transaction of the Companys surety business to execute (under the common seal of the Corporation, if appropriate) bonds,undertakings, recognizances and other contracts of indemnilyand writings obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction of surety business, the signatures and attestations of the Authorized Officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity orwnling obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction of surety business, the facsimile or mechanically reproduced signature of any Authorized Officer, whether made heretofore or hereafter, wherever appearing upon a copy of any Power of Attorney of the Corporation, with signatures affixed as next above noted, shall be valid and binding upon the Corporation with the same force and effect as though manually affixed. RESOLVED, that in connection with the Corporation's transaction of surety business, any such Attomey-in-Fact delivering a secretarial or other certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact. RESOLVED, that the Authorized Officers be, and each hereby is, authorized to execute (under the common seal of the Corporation, if appropriate), make, file and deliver in the name and on behalf of the Corporation any and all consents, certificates, agreements, amendments, supplements, instruments and other documents whatsoever, and do any and all other things whatsoever in connection with the Corporation's transaction of surety business, as such Authorized Officer shall in his or her absolute discretion deem or determine appropriate and any of the foregoing resolutions, the transactions contemplated thereby and any ancillary matters thereto and/or to carry out the purposes and intent thereof, such deeming or determination to be conclusively evidenced by any such execution or the taking of any such action by such Authorized Officer. I, Sung Lee, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. 30TH IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation, this —day of OCTOBER All Claint Notices should be sent to the below: Allied World Insurance Company Attn: Surety Department 30 South 17°i Street, Suite 1600 Philadelphia, PA 19103 SUR 00046 00(05/2016) 20 18 k r :�r s 1i Sung Lee, VP, Legal City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 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. Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric Faris Naman, CEO Bidder Authorized Signature/Title lnf 07 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Golden Phoenix Construction Co. Inc. dba Golden Phoenix Electric 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_ Technology Infrastructure Upgrade - Phase II / DW -15D5031 Project Description ..Upgrade all the Electrical and Low Voltage in Eight (8) Schools Approximate Construction Dates: From 6/13/2016 To: 1/17/2017 Agency Name Conejo Valley Unified School District Contact Person Scott Brontseman Telephone (80� 497-9511 Original Contract Amount $ 1,672.000 Final Contract Amount $ 1,672,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Fire Alarm & PA Upgrades at Victoriano ES, EI Potrero PS Project Name/Number and Vista Verde MS / #69593, 69594, 69595 Project Description Upgrade the existinq Fire Alarm PA and Clock Systems _ 6/15/2015 8/10/2015 6/29/2015 8/10/2015 Approximate Construction Dates: From 8/24/2015 To: 12/21/2015 Agency Name Val Verde Unified School District Contact Person Greg Whitton Telephone ( 951) 940-6100 Original Contract Amount $1,402,000 Final Contract Amount $ 1,402,000 If final amount is different from orriiginal, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number 19 Schools Security System Upgrades / Project Description Upgrade the existing Security Systems Approximate Construction Dates: From 3/16/2015 To: 7/15/2015 Agency Name San Bernardino City Unified School District Contact Person Rick Ostrander Telephone (909 388-6100 Original Contract Amount $413.000 Final Contract Amount $ 644.000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 Fire Alarm Replacement & Installation of New Voice Evacuation No. 4 & Mass Notification System at Fremont Academy of Engineering & Design / Project Name/Number Bid No. 09(16-17)FP Replacement of Fire Alarm & Installation of New Voice Evacuation Project Description and Mass Notification System Approximate Construction Dates: From 1/3/2017 To: 4/8/2017 Agency Name Pomona Unified School District Contact Person Trevor Mason Telephone (900.552-3134 Original Contract Amount $ 439,000 Final Contract Amount $ 439,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Heritage Square Senior Citizen Residence / Project Description Ground up building 70 units Approximate Construction Dates: From 5/11/2015 To: 9/25/2016 Agency Name Bridge Housing Contact Person Diego Perez - Dreyfuss Const Telephone (310 988-5231 Original Contract Amount $ 878,500 Final Contract Amount $1,086,939.73 If final amount is different from original, please explain (change orders, extra work, etc.) Final value of construction includes change orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. 6 Project Name/Number Saugus HS Auditorium / Project #2240701 Project Description Electrical, Low Voltage, Fire Alarm & A/V Systems Approximate Construction Dates: From 6/20/2016 To: 2/19/2018 Agency Name William S. Hart Union High School District Contact Person Michael Otavka Telephone (66) 259-0033 Original Contract Amount $ 2.422.000 Final Contract Amount $ 2,422,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 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 rrent fina . I conditions. Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric Faris Naman, CEO Bidder Authorized Signature/Title 13 05/23/2018 10: 32 81e--004-1050 FEDEX OFFICE 250 W t c6hdr MO. d 'kate­slirf6ce finlihinq: ACCOMPLISH"WkINTS • Provided construction management and site supervision for 104- high profile custom poured -in-place concrete skateparks • Scheduled and managed multiple crew responsibilities including, site preparation and grading, trenching and drainline installation, sub -base, compaction, .steel reinforcement placement, steel coping Installation, specialty shotcrete placerneritt, and concrete flatv�ork • Skotepork projects have been featured it, national magazines and websites Sergio Bernal Is a site superintenclant for Hardcore 5hotcrete Skateparks, Sergio has the hands on experienqe to suc- cessfully manage a project from start to finish. His portfolio of recognized high-profile skatepark projects e mplifles his commitment to achieving quality construction and finish work. Sergio oversees all the iobOe activity, proc sses and scheduling ensuring that project schedules are kept on track and projects remain in budget. FEATURED CONCRETE SKATEPARKS Venice, CA Foritc1nal CA Tudee,:CA .'-st A 05/23/2018 10:33 818--884-1850 FEDEX OFFICE 2501 PAGE 04 RESUME Of, Mr. SERGIO BERNAL, SUMMARY OF EXPERIENCE: Sergio, has more than 20 years work experience in General Construction. As a Project Superintendent he has 12 years experience in construction & supervision of various projects with public works, city projects improvement. He engaged in construction of RC structure, storm drain system, sewer system, underground utilities, road works, recreation parks and landscaping works. He monitored closely the budget and schedule of the project same as for the quality of the job. He managed to completed and handed over a $ 500,000 to $ 6,000,1300 project cost budget. NrAME'OF COMPANIES, • Terra -Cal. Construction Inc. — 5 years as a Construction Superintendent • Los Angeles Engineering Construction — 4 years as a Construction Superintendent • CA Skate Parks — 3 years as a Construction Superintendent MAJOR WORKS PARTICIPATED: • Arroyo Park • Venice Skate,Park • Forest Park Thousands Oak • Northdridge University • La Ctulnta Golf Coarse +► Vambueren Street Medians • San Bernardino. H Street Project Storm Drain EI Segundo Public Parks Improvement SKILLS: • Heavy Equipment Operator • Layout/ Surveying Works • Specialist in Concrete, Pavement Finishes & Masonry Works • Underground Works • Specialist In RC Structure Works 05/23/2018 10;33 913--994-1950 FEDEX OFFICE 2501 MERU -CAL CONSTRUCTION, INC.- LANDSCAPE- NC.LANDSCAPE• ENGINEERING • BUtLDI NO CONTRACTORS LICENSE N 428093 SERWO BERNAL SUPERIUTENDENT OH: (026) 950.3694 1400 Joanbridge Streat Pax: (626) 980.7714 Baldwin Park, CA 81700 Cstl: (818) 262-19Q5 p.NQeC� SOrgio Bernal {!S General Concrete v S' Superintendent mllc'[ [ST.IHU1 Gener6i Engineering controctor I Pnona,(626)454-5222 4134 Temple City Blvd. Fox: (626) 4545226 Rosemead, CA 91770 Emall: Generolmail@laeng•net wwwk(eng.net cell Phone M (626) 221-5467 YA CORPORATION Sergio 13 rn; 2001 9, pARRINGTON AVE. office; 310.231-7040 Fax: 310-2bi-0411 SUITE 110 Gell: 910.420.4527 Los ANGELES, CA 90025 ■mail:pl►n4Carp�msn.00m PACE 02 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of -Los Angeles) Faris Naman being first duly sworn, deposes and says that he or she is CEO of Golden Phoenix ConstructionCo..Inc. ObaGolden Phoenix Electric , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sharn 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, cornmunication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all staternents 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 mernber 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 foreg i true Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric Faris Naman, CEO Bidder Authorized Signature/Title 4 Subscribed and sworn to (or affirmed) before me on this-?4� day of 004em , 2018 byproved 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. ELISA CABURNAY CORTES Notary Public COMM. #2204673 z [SEAL] ce ° m Notary Public - California X z Los Angeles County 2 Comm. Ex ires J_h.lu 13110111 My Commission Expires: 14 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 DESIGNATION OF SURETIES Bidder's name Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric 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).- Bonding ype): Bonding Company: Allied World Su Maloney & Associates, 435 West Grand Ave., Escondido, CA 92025, (760) 738-2610 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Golden Phoenix Construction Co. Inc. dba Golden Phoenix Electric Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M 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 $10M $5.9M $4.7M $3.3M $1.5M $800K 26.2M Thousands of $) No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 1 0 0 0 0 1 2 No. of lost workday cases involving permanent 0 0 0 0 0 0 transfer to 0 another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. M Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Golden Phoenix Construction Co., Inc. dba Golden Phoenix Electric 40 N. Altadena Dr., Suite 205 Pasadena CA 91107 (626) 421-7936 853461; Class A, B, C10, C7, C16 Tale Contractors State License Board 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. n Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Faris Naman 11 /7/2018 CEO 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. f NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 CAI-IFORNIA rFRT1r:irAT1: ne ArWkInIAn 1:nf--nAE:K1r Fry public or other officer completing this certificate verifies only the identity of ividual who signed the document to which this certificate is attached, and not thfulness, accuracy, or validity of that document. State of California ) County of ks On 71 ?,4 Il� before me, F/ (here insert rreifne and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 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. ELISA CABURNAY CORTES COMM. #2204673 z WITNESS my hand and official seal. X _ Notary Public - California Z Los Angeles County Comm, Ex fires Jul 13, 2021 Signature (Seal) Optional Information Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of -6- t�, ��C_ k f- (o� containing _.J— pages, and dated--�`�I�g The signer(s) capacity or authority is/are as: [ Individual(s) ❑ Attorney -in -Fact Corporate Offices (s) ritle(s; ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: _ Name(s) of Person(s) or Entity ies) Signer is Representing Method of Siemer Identification Proved to me on the basis of satisfactory evidence: .k�form(s) of identification C% credible witness(es) Notarial event is detailed in notaryjournal on: Page 4 2,!; Entry t Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s) Thumbpr.nt(s) C n Conyr:c ht 2007-2016 Notary Rotary, Inc. PO Box 41,00, Des Moines, IA 5031' -0507. All Rights Reserved. Item Number 101772. Please contact your AUtho-ed Reseller to purchase copies of this form. City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R46 Contract No. 7434-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Golden Phoenix Construction Co. Inc. dba Golden Phoenix Electric The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: In City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19RO6 Contract No. 7434-1 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: Golden Phoenix Construction Co., Inc. Narne of individual Contractor, Company or Corporation: dba Golden Phoenix Electric Business Address: 40 N. Altadena Dr., Suite 205, Pasadena, CA 91107 Telephone and Fax Number: (626) 421-7936; (626) 421-7938 California State Contractor's License No. and Class: 853461; Class A, B, C10, C7, C16 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1/22/2005 Expiration Date: 2/28/2019 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: There was no job walk 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 Faris Naman CEO 40 N Altadena Dr Ste 205 Pasadena CA 91107 (626) 421-7936 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, orfictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties,- Briefly arties; Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor coiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /M pill Are any claims or actions unresolved or outstanding? Yes /E If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Faris Naman (Pri ame of OwOr or President Golden Phoenix Construction Co., Inc. of rp r Co pan dba Golden Phoenix Electric C "O Bidder Authorized ianature/Titl CEO Title .11/7/2018 Date On 64( L( 'J24 g before me, Gk_M ,,, CA&'o Notary Public, personally appeared AAA 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) 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. ELISA CABURNAY CORTESS COMM. #2204673 z ;,�na Notary Public California o L�m(SEAL) Z Los Angeles County Notary Publ'c in and for said State 4 My Comm, Expires July 13, 2021 j My Commission Expires: 1 ( 202 21 City of Newport Beach CONCRETE REPLACEMENT PROGRAM 19R06 Contract No. 7434-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Propertv-Casualtv. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CONCRETE REPLACEMENT PROGRAM (19R06) CONTRACT NO. 7434-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of November, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Golden Phoenix Construction Company, Inc., a California corporation ("Contractor"), whose address is 40 N. Altadena Drive, Suite 205, Pasadena, CA 91107, 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 distributing notification door -hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 7434-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Sixty Two Thousand Eighty Three Dollars and 29/100 ($762,083.29). 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 Faris Naman 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. Golden Phoenix Construction Company, Inc. Page 2 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 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 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 Golden Phoenix Construction Company, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Faris Naman Golden Phoenix Construction Company, Inc. 40 N. Altadena Drive, Suite 205 Pasadena, CA 91107 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. Golden Phoenix Construction Company, Inc. Page 4 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 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 Golden Phoenix Construction Company, Inc. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees 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 Golden Phoenix Construction Company, Inc. Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. 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. Golden Phoenix Construction Company, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 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. Golden Phoenix Construction Company, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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] Golden Phoenix Construction Company, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:� By: LOG Fo{' Aaron C. Harp City Attorney dmf ATTEST: Date: 12,11-/ By. Leilani I. Brown City Clerk,0ojw,,1w CITY OF NEWPORT BEACH, a California municipal corporation Date: By: m� Marshall "Duffy" Duffiel Mayor CONTRACTOR: Golden Phoenix Construction Company, Inc., a California corporation Date: Signed in Counterpart By: Faris Naman Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Golden Phoenix Construction Company, 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 ATTORNEY'S OFFICE Date: /go ZQl$ By: k1k, AZ -VW pot: Aaron C. Harp City Attorney c�m� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: Golden Phoenix Construction Company, Inc., a California corporation Date: 12, / Li By: Faris Naman Chief Executive [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements cer/becretpry Golden Phoenix Construction Company, Inc. Page 10 CORRECTED ORIGINALS EXECUTED IN DUPLICATE BOND NO. S001-6133 PREMIUM INCLUDED IN PERFORMANCE BOND EXHIBIT A CITY OF NEWPORT BEACH BOND NO. S001-6133 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Golden Phoenix Construction Company, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of distributing notification door - hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents, 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 fo rth . NOW, THEREFORE, We the undersigned Principal, and, ALLIED WORLD INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Two Thousand Eighty Three Dollars and 291100 ($762,083.29) 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, Golden Phoenix Construction Company, Inc. Page A-1 in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 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 14TH day of DECEMBER 20 18, GOLDEN PHOENIX CONSTRUCTION COMPANY, INC. Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 550 SOUTH HOPE STREET, SUITE 1825 LOS ANGELES, CA 90071 Address of Surety 213/416-1453 Telephone APPROVED AS TO FORM: CITY ATTO NEY' OFFICE Date: Z l3 By: G�w� riji:Aaron C. Harp la -U -M City Attorney 6mZI, Authorized SiWnatfelaTitleFAPIS, CEO E1E9�M1="-WV3 Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Golden Phoenix Construction Company, 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 ss. On 141 n 201&— before me, FIAcGtir., Notary Public, personally appeared TRM,2 ljc", �) 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 ELISA CABURNAY CORTES COMM. #2204673 z 0"., Notary Public • CaliforniazLos Angeles County Comm. Expires Jul 13, 2021 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) Golden Phoenix Construction Company, 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 the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 12/14/2018 Date personally appeared before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(-,} is/al:esubscribed to the within instrument and acknowledged to me that he/e4e{t+vey executed the same in his/ 4eif authorized capacity( es), and that by his/weir signature(6) on the instrument the person(-,), or the entity upon behalf of which the person(e) acted, executed the instrument. SANDRA FIGUEROA COMM. # 2162642_ zSAN DIEGO COUNTY QQQ NOTARY PUBLIC -CALIFORNIA,, MY COMMISSION EXPIRES If AUGUST 14, 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �s &�=_ Signatur of Atary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 91 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other. Signer is Representing: Issue Date: September 17, 2018 ALLIED WORLD INSURANCE COMPANY 199 Water Street New York, NY 10038 USA POWER OF ATTORNEY No. 50347-A 1560 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company') does hereby appoint NAME(s): Mark D. latarola FIRM: John G. Helen Maloney Helen Maloney & Associates Insurance Services Inc 435 West Grand Ave Escon CA 92025 Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attomey shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF, ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 17th day of September, 2018 T w XA"A {.sm �,� ic 7aoftwv efCtria. Pft. C=O , cx(afr'es 21, 2M Name: Robert E. Staples State of Pennsylvania Title: Senior Vice President - Surety ) County of Philadelphia )SS. On this 17th day of September, 2018, before me came the above-named officer of ALLIED ~r� WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and Notary affixed the seals of said corporation thereto by authority of his office. My Commission Expires: 03/28/2020 CERTIFICATE Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"). on December 31,2012: RESOLVED, that the proper officers of the Corporation, the head of the surely business line for the Corporation and their appointed designees (each an "Authorized Officer' and collectively, the "Authorized Officers") be, and each hereby is, authorized to appoint one or more Aftomeys-in-Fact to represent and act for and on behalf of the Corporation in the transaction of the Companys surety business to execute (under the common seal of the Corporation, 'rf appropriate) bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof: RESOLVED, that in connection with the Corporation's transaction of surety business; the signatures and allestabons of the Authorized Officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction of surety business, the facsimile or mechanically reproduced signature of any Authorized Officer, whether made heretofore or hereafter, wherever appearing upon a copy of any Power of Attorney of the Corporation, with signatures affixed as next above noted, shall be valid and binding upon the Corporation with the same force and effect as though manually affixed. RESOLVED, that in connection with the Corporation's transaction of surety business, any such Attorney -in -Fact delivering a secretarial or other certfication that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact. RESOLVED, that the Authorized Officers be, and each hereby is, authorized to execute (under the common seal of the Corporation, if appropriate), make, file and deliver in the name and on behalf of the Corporation any and all consents, certficates, agreements, amendments, supplements, instruments and other documents whatsoever, and do any and all other things whatsoever in connection with the Corporation's transaction of surely business, as such Authorized Officer shall in his or her absolute discretion deem or determine appropriate and any of the foregoing resolutions, the transactions contemplated thereby and any ancillary matters thereto and/or to cant' out the purposes and intent thereof, such deeming or determination to be conclusively evidenced by any such execution or the taking of any such action by such Authodzed Officer. I, Sung Lee, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. 14TH DECEMBER 18 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation, thisis day of , 20_ All Claim Notices should be sent to the below: Allied World Insurance Company Attn: Surety Department 30 South 171, Street, Suite 1600 Philadelphia, PA 19103 SUR 00046 00(05/2016) > Sung Lee, VP, Legal CORRECTED ORIGINALS EXECUTED IN DUPLICATE BOND NO. S001-6133 PREMIUM: $9,480.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT EXHIBIT B BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. S001-6133 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT The premium charges on this Bond is $ 9,480.00 BASED ON FINAL CONTRACT PRICE, being at the rate of $14.40/$8.70 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Golden Phoenix Construction Company, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of distributing notification door - hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents, 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 ALLIED WORLD INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Two Thousand Eighty Three Dollars and 291100 ($762,083.29) 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. Golden Phoenix Construction Company, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14TH day of DECEMBER 20 18, n GOLDEN PHOENIX CONSTRUCTION COMPANY, INC. Name of Contractor (Principal) ALLIED WORLD INSURANCE COMPANY Name of Surety 550 SOUTH HOPE STREET, SUITE 1825 LOS ANGELES, CA 90071 Address of Surety 213/416-1453 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 12/7,o/Z0tb By:.�- i-b,(:Aaron C. Harp ta.ao•t8 City Attorney MYWI Authorized Sig Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ,CEO Golden Phoenix Construction Company, 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 I.A.( �>n e --)ss. On 124:7 20-�— before me, Sel Notary Public, personally appeared Aii 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 ELISA CABURNAY CORTES I COMM. #2204673 z 0 Notary Public - California p Z Los Angeles County Comm. Ex ires Jul 13, 2021 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) Golden Phoenix Construction Company, Inc. Page B-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 the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 12/14/2018 Date before me, SANDRA FIGUEROA, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(a) is/afesubscribed to the within instrument and acknowledged to me that he/eheffHKey executed the same in his/'„ t,",e;T authorized capacity(ies), and that by his/HeFAHei signature(s) on the instrument the person(6), or the entity upon behalf of which the person(a) acted, executed the instrument. SANDRA FIGUEROA COMM, # 2162642 SAN DIEGO COUNTY NOTARY PUBLIC -CALIFORNIA[ MY COMMISSION EXPIRES .._ AUGUST 14, 2020 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A, Signature of Notci�y Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ® Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other. Signer is Representing: /'� A L L 1 ED ALLIED WORLD INSURANCE COMPANY 199 Water Street W O R L D New York, NY 10038 USA POWER OF ATTORNEY Issue Date: September 17, 2018 No. 50347-A1559 Single Transaction Limit: $10,000,000 KNOW ALL MEN BY THESE PRESENTS: Allied World Insurance Company, a New Hampshire corporation (the "Company') does hereby appoint NAME(s): Mark D. latarola John G. Maloney Helen Maloney FIRM: Helen Maloney & Associates Insurance Services Inc 435 West Grand Ave Escondido, CA 92025 Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the Company thereby. This Power of Attorney shall remain in full force and effect for one year from the issued date above -referenced and shall expire on close of business of the first anniversary of such Issue Date. IN WITNESS WHEREOF ALLIED WORLD INSURANCE COMPANY has caused these presents to be executed by the officer named below, who is duly authorized and empowered to execute on the Company's behalf. This 17th day of September, 2018 cow YyNY4X_ A WDRUL SM um L. mum Mary Pwic f+hr Mwd%It. 9 ' Name: Robert E. Staples Title: Senior Vice President - Surety State of Pennsylvania County of Philadelphia )SS. On this 17th dayof September, 2018, before me came the above-named officerof ALLIED WORLD INSURANCE COMPANY, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporation thereto by authority of his office. CERTIFICATE i. Notary My Commission Expires: 03/28/2020 Excerpt of Resolution adopted by the Board of Directors of the ALLIED WORLD INSURANCE COMPANY (the "Corporation"), on RESOLVED, that the proper officers of the Corporation, the head of the surety business line for the Corporation and their appointed designees (each an "Authorized Officer' and collectively, the "Authorized Officers") be, and each hereby is, authorized to appoint one or more Aftomeys-in-Fact to represent and act for and on behalf of the Corporation in the transaction of the Companys surety business to execute (under the common seal of the Corporation, if appropriate) bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction of surety business, the signatures and allestafions of the Authonzed Officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof. RESOLVED, that in connection with the Corporation's transaction of surety business, the facsimile or mechanically reproduced signature of any Authorized Officer, whether made heretofore or hereafter, wherever appearing upon a copy of any Power of Attorney of the Corporation, with signatures affixed as next above noted, shall be valid and binding upon the Corporation with the same force and effect as though manually affixed. RESOLVED, that in connection with the Corporation's transaction of surety business, any such Attomey-in-Fact delivering a secretarial or other certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attomey-in-Fact. RESOLVED, that the Authorized Officers be, and each hereby is, authorized to execute (under the common seal of the Corporation, if appropriate), make, file and deliver in the name and on behalf of the Corporation any and all consents, certificates, agreements, amendments, supplements, instruments and other documents whatsoever, and do any and all other things whatsoever in connection with the Corporation's transaction of surety business, as such Authorized Officer shall in his or her absolute discretion deem or determine appropriate and any of the foregoing resolutions, the transactions contemplated thereby and any ancillary matters thereto and/or to carry out the purposes and intent thereof, such deeming or determination to be conclusively evidenced by any such execution or the taking of any such action by such Authorized Officer. I, Sung Lee, Secretary of the ALLIED WORLD INSURANCE COMPANY, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. 14TH IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation, this day of DECEMBER 20 18 All Claim Notices should be sent to the below: r Allied World Insurance Company r '% r{,._-- Attn: Surety Department 30 South 170, Street, Suite 1600 Philadelphia, PA 19103 Sung Lee, VP, Legal SUR 00046 00(05/2016) 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 Golden Phoenix Construction Company, 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 Golden Phoenix Construction Company, 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 Golden Phoenix Construction Company, 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. Golden Phoenix Construction Company, 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: 12/10/18 Dept./Contact Received From: Raymund Date Completed: 12/14/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Golden Phoenix Construction Co., Inc Type of contract: Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/2/18 — 10/2/19 A. INSURANCE COMPANY: Crum & Forster Specialty Insurance Co. B. AM BEST RATING (A-: VII or greater): A / XIII A. C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does N Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed $1,000,000 Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it (What is limits provided?) N/A included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ N/A N Yes included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured N Yes ❑ No is not limited solely by their negligence) Does endorsement HIRED AND NON -OWNED AUTO ONLY: N N/A include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 1I. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/25/18 — 7/25/19 A. INSURANCE COMPANY: Ohio Security 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 III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/12/18 — 9/12/19 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): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 12/14/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Risk Management approval required for non -admitted General Liability carrier. 12/10/18 Risk Management approved use of non -admitted General Liability carrier. Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach Page 1 CONCRETE REPLACEMENT PROGRAM (19R06) (C-7434-1), bidding on November 7, 2018 10:00 AM (Pacific) Printed 11/07/2018 Bid Results Bidder Details Vendor Name Golden Phoenix Construction Inc. Address 40 N Altadena Dr. Ste205 Pasadena, CA 91107 United States Respondee Faris Naman Respondee Title CEO Phone 626-421-7936 Ext. Email faris.naman@goldenphoenixinc.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted November 7, 2018 9:55:36 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 158537 Ranking 0 Respondee Comment Bid submittal C-7434-1 Buyer Comment Attachments File Title File Name File Type Bid Submittal C-7437-1 Golden Phoenix Construction Cc inc Bid Submittal C-7437-1 Golden Phoenix Construction Cc General Attachment Inc.pdf Bid bond submittal C-7434-1 Golden Phoenix Construciton Bid Bond.pdf Bid Bond Co. inc Line Items Type Item Code UOM Qty Unit Price Line Total Comment Concrete Replacement Program (19R06) C-7434-1 1 Mobilization LS 1 $108,000.00 $108,000.00 2 Surveying Services LS 1 $18,900.00 $18,900.00 3 Traffic Control LS 1 $28,350.00 $28,350.00 4 Remove & Construct 4 -Inch Thick Concrete Sidewalk SF 19000 S8.53 $162,070.00 City of Newport Beach Page 2 CONCRETE REPLACEMENT PROGRAM (19R06) (C-7434-1), bidding on November 7, 2018 10:00 AM (Pacific) Printed 1 110 7/20 1 8 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 5 Remove & Construct 6 -Inch Concrete Roadway SF 6000 $9.00 $54,000.00 6 Remove & Construct Concrete Type "A" Curb & Gutter LF 2800 $14.95 $41,860.00 7 Remove & Construct 6 -Inch Concrete Driveway Approach SF 8000 $5.40 $43.200.00 8 Remove & Construct Concrete Access Ramp EA 8 $6,412.50 $51,300.00 9 Remove & Construct 6 -Inch Concrete Cross Gutter SF 2000 $8.87 $17,740.00 10 Prune Tree Roots LS 1 $6,750.00 $6,750.00 11 Tree Removal EA 28 $2,565.00 $71,820.00 12 Provide ISA Certified Arborist LS 1 $6,750.00 $6,750.00 13 Remove & Replace Electric Pull Box & Cover EA 8 $675.00 $5,400.00 14 Remove & Replace Water Meter Box & Cover EA 7 $848.57 $5,939.99 15 Remove & Replace Sewer Cleanout Box & Cover EA 2 $1,350.00 $2,700.00 16 Remove and Install New Surface Mounted ADA Tiles SF 720 $66.94 $48,196.80 17 Restore Public and Private Improvements LS 1 $13,500.00 $13,500.00 18 Remove & Construct Reinforced Concrete Roadway ( Jasmine Creek) SF 1300 $22.28 $28,964.00 19 Construct Concrete Improvements on Irvine Ave (Appendix A Exhibit 4) LS 1 $25,393.50 $25,393.50 20 Construct Reinforced Concrete Planter Box on Grand Canal Bridge LS 1 $21,249.00 $21,249.00 Subtotal $762,083.29 City of Newport Beach CONCRETE REPLACEMENT PROGRAM (19R06) (C-7434-1), bidding on November 7, 2018 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price Total Subcontractors Name & Address Description License Num CADIR Sisakian contracting corp General labor 1001200 1000024916 12700 jollette ave granada hills, CA 91344 United States Page 3 Printed 11107/2018 Line Total Comment $762,083.29 Amount Type $204,000.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ak �tiW PO31� r c9C12 rLN\P ADDENDUM NO. 1 CONCRETE REPLACEMENT PROGRAM 19R06 CONTRACT NO. 7434-1 DATE: November 1, 2018 BY: A ING I ENGINEER TO: ALL PLANHOLDERS The -following changes, additions, deletions, or clarifications shall be made to the contract documents. All other conditions shall remain the same. NOTICE INVITING BIDS 1. Change Engineer's Estimate to $820,000 SPECIFICATIONS 2. Section 9-3.1 General INSERT Bid Item No. 18 Remove & Construct Reinforced Concrete Roadway (Jasmine Creek): Work under this item shall include but not be limited to, all labor tools, equipment and material costs for demolition of existing concrete roadway on steep slope (22%), hauling and disposing waste material offsite, scarifying soil per the notes on Exhibit 2, installing dowels into existing curb and gutter, constructing formwork, placing rebar, constructing reinforced concrete cutoff wall, pouring concrete by pumping if necessary due to slope, constructing reinforced concrete roadway, sawcutting joints, and all other work items as required to complete the work in place. 3. Section 9-3.1 General INSERT Bid Item No. 19 Construct Improvements on Irvine Ave (Exhibit 4): Work under this item shall include but not be limited to, all labor tools, equipment and material costs for clearing and grubbing, grading mounded area down to grade necessary to construct improvements, removing all graded and grubbed material, compacting soil to 90%, placing forms for sidewalk, curb and gutter, driveway and access ramps, pouring concrete for curb and gutter, sidewalk, driveways and access ramps and all other work items as required to complete the work in place. 4. Section 9-3.1 General INSERT Bid Item No. 20 Construct Reinforced Concrete Planter on Grand Canal Bridge: Work under this item shall include but not be limited to, all labor tools, equipment and material costs for placing plastic sheeting, placing felt, constructing formwork, placing rebar, pouring concrete, pumping concrete if needed, constructing drainage lines per exhibit including drain rock, filter fabric and perforated PVC pipe, and all other work items as required to complete the work in place. 5. Appendix A Exhibit 2 REMOVE entire Appendix A Exhibit 2 (1 page) REPLACE entire Appendix A Exhibit 2 (1 page) with Addendum No. 1 Appendix A Exhibit 2 (see added notes on adding rebar, dowels and soil preparation) 6. Appendix A Exhibit 4 INSERT Appendix A Exhibit 4 — Irvine Avenue (1 page) 7. Appendix A Exhibit 5 INSERT Appendix A Exhibit 5 — Concrete Planter Box on Grand Canal Bridge (1 page) PROPOSAL 8. Bid Item No. 18 Remove $ Construct Reinforced Concrete Roadway (Jasmine Creek) INSERT bid item in to the Proposal 9. Bid Item No. 19 Construct Concrete Improvements on Irvine Ave (Appendix A Exhibit 4) INSERT bid item in to the Proposal 10. Bid Item No. 20 Construct Reinforced Concrete Planter Box on Grand Canal Bridge INSERT bid item in to the Proposal �- NEW ACCESS AMP SE B \ 6 FT WIDE SIDEWALK NEW CURB AND GUTTER 2 FT HIGH R� BEHINDS ' NEW ACCESS RAMP CASE B NOTES: 1. REMOVE ALL EXISTING VEGETATION 2. GRADE EXISTING SOIL FOR NEW SIDEWALK 3. CONSTRUCT NEW CURB AND GUTTER ALONG FULL LENGTH OF NEW SIDEWALK 4. CONSTRUCT NEW FULL DRIVEWAY AND APPROACH MAY NEED TO GRADE TO MATCH NEW SIDEWALK 5. 6 -FOOT WIDE SIDEWALK AT BACK OF CURB 6. SLOPE SIDEWALK 2 % DRAIN TO B CURB AND GUTTER ` 6 FT WIDE SIDEWALK J� P NEW CURB AND GUTTER IRVINE AVE SIDEWALK CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT EXHIBIT 4 C-7434-1 11/1/18 NOTES: 1. DEMO AND REMOVE EXISTING 6 -IN THICK CONCRETE ROADWAY 2. INSTALL NEW 6 -INCH THICK REINFORCED CONCRETE SLAB ROAD 3. 1.5 -FEET DEEP CONCRETE KEY 4. ROUGH BROOM FINSH 5. SAW CUT PERPENDICULAR JOINTS EVERY 6 FEET, TWO INCH DEEP 6. SAW CUT LONGITUDINAL JOINT IN CENTER OF THE NEW ROADWAY 7. 2 FOOT WIDE AC SLOT AT BOTH ENDS OF NEW ROAD 8. DIFFICULT ACCESS ON STEEP SLOPE MAY REQUIRE CONCRETE PUMPING, 4 -INCH SLUMP 9. PROTECT CURB AND GUTTER IN PLACE I IF NOTES CONTINUED: 10. CONCRETE ROADWAY SHALL HAVE #4 REBAR SPACED AT 18" O.C. BOTH DIRECTIONS 11. THE CONTRACTOR MUST DOWEL INTO THE EXISTING CURB AND GUTTER WITH 44 REBAR 1 FOOT LONG, AT 18 -INCHES ON CENTER ALONG LENGTH OF CURB AND GUTTER 12. ONCE THE CONCRETE TRAIL IS REMOVED THE EXISTING ON SITE SOIL MUST BE SCARIFIED TO A DEPTH OF 6 -INCHES, MOISTENED, DRIED, OR BLENDED TO ACHIEVE A MINIMUM OF 2% OVER OPTIMUM MOISTURE CONTENT AND DENSIFIED TO 90% RELATIVE COMPACTION BY ASTM TEST METHOD D 1557 13. FINAL SURFACE SUBGRADE MUST BE WATERED FREQUENTLY IN ORDER TO KEEP SOIL MOIST UNTIL CONCRETE IS PLACED tiq� X06 m G � W:Z- �:a -; C SLQT=PATCH II� r a a im 2% SLOPE #4 REBAR 18" O.C. BOTH DIRECTIONS EXISTING C8G PROTECT IN PLACE --J CONCRETE ROAD SECTION A -A JASMINE CREEK TRAIL CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT EXHIBIT 2 1 C-7434-1 11/1/18 a 0 z I 2% SLOPE #4 REBAR 18" O.C. BOTH DIRECTIONS EXISTING C8G PROTECT IN PLACE --J CONCRETE ROAD SECTION A -A JASMINE CREEK TRAIL CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT EXHIBIT 2 1 C-7434-1 11/1/18 w O F: Ow N O a 'oWf z d �- O ¢J .J w M N O N oo Q Y~ O U J (n _ > SN ck:UUU'w W ®U C� V) F- O Z Z_ F= f— fn N�6 JC7WU VI 2 O Fa- 1- �- W J Oo �k Q OOpmzKO a�0� W K Q�N In NO Q�UZ Oztr �- Y ZAp YddY N w Z^_ w W W Q m Q Qz Q m J o Z S J Z w w gg }T �I .. • ��Z O I— V W OM S ¢ tnm WWO OliJwW � U O<_ v, L U zLijv av�aoZFz� j. 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JJ Q m °D /uj N bN m Z� VJ \\ ., a N p r n '<^ '..a 0 z F aI- o- 0 F (3 LL o�- _° W O m3we f" rn OF M } Z U I�Z O i O N ¢ Ow Q � N ,SL'8 z > J F W w =�U a Q z z--- -- --- -- (� p mao f— cai < mQ Q W X Qo p I i Om� �.� o moi, ow Z N '< m J W r a d I` W d WZ� p — I Z U J 0 0 J p .,.- z dZ p ao W I' m I- I i 03.-. Km w4 �m ?F LL Ow J K n- o o < z p ,O// LL W o w> �o L8'L 0- ww w w QN OZ �11�.,�� W {- U_ zwZ W ZF-- L II crQ Vl M N Q 1 U Q J LL U w J aQ Zz -Q J a 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. C_Ilb t',�� Om i X l C)Y S;tf t i on ,1(1 C Bidder's Name (Please Print) Date C AuthorizediSignatuYe &]Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE REPLACMENT PROGRAM 19R06 CONTRACT NO. 7434-1 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 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 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 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7 7 7 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 13 PART 2 - CONSTRUCTION MATERIALS 13 SECTION 200 — ROCK MATERIALS 13 200-2 UNTREATED BASE MATERIALS 13 200-2.1 General 13 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1 Requirements 13 201-1.1.2 Concrete Specified by Class and Alternate Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2 Steel Reinforcement 13 201-2.2.1 Reinforcing Steel 13 201-10 ADA SURFACE MOUNTED TILES 13 SECTION 203 — BITUMINOUS MATERIALS 14 203-6 ASPHALT CONCRETE 14 203-6.5 Type III Asphalt Concrete Mixtures 14 SECTION 214—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 14 214-4 PAINT FOR STRIPING AND MARKINGS 14 214-4.1 General 14 214-6 PAVEMENT MARKERS 14 214-6.3 Non -Reflective Pavement Markers 14 214-6.3.1 General 14 214-6.4 Retroreflective Pavement Markers 14 214-6.4.1 General 15 SECTION 215 - TRAFFIC SIGNS 15 215-1 TRAFFIC SIGNS 15 PART 3 - CONSTRUCTION METHODS 15 SECTION 300 - EARTHWORK 15 300-1 CLEARING AND GRUBBING 15 300-1.3 Removal and Disposal of Materials 15 300-1.3.1 General 15 300-1.3.2 Requirements 16 SECTION 302 - ROADWAY SURFACING 16 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 16 302-6.7 Traffic and Use Provisions 16 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 16 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303-5.1 Requirements 16 303-5.1.1 General 16 303-5.5 Finishing 17 303-5.5.2 Curb 17 303-9 ADA TILE INSTALLATION 17 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 17 SECTION 315 - TRAFFIC SIGN 17 315-1 GENERAL 17 PART 6 — TEMPORARY TRAFFIC CONTROL 18 SECTION 600 - ACCESS 18 600-1 GENERAL 18 600-2 VEHICULAR ACCESS 18 600-3 PEDESTRIAN ACCESS 18 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 20 800-1.1.1 General 20 SECTION 801 - INSTALLATION 20 801-1 General 20 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONCRETE REPLACMENT PROGRAM 19R06 CONTRACT NO. 7434-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (3) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517- 0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-8" license. At the start of work and until completion of work, the Pagel of 21 Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of distributing notification door -hangers, placing temporary "No Parking" signs, saw -cutting concrete, removing sidewalk, curb and gutter, driveways and access ramps; removing or pruning tree roots; removing trees; stump grinding, grading parkway around location of tree removal and installing sod to match existing; removing bushes and vegetation, grading, installing and compacting crushed miscellaneous base, remove and install new sewer cleanouts, protecting gas meters, constructing and relocating new electric pull box, constructing new water meter cover and box, constructing sidewalk, curb and gutter, driveways, access ramps, constructing concrete roadway with saw -cut joints, removing existing rubber mat ADA tiles, cleaning and preparing surface for ADA tiles, installing new surface applied ADA tiles (vitrified polymer composite), restoring synthetic turf, private irrigation and improvements impacted by the work, installing grass sod as necessary to match existing, providing temporary access during construction and other incidental items to complete work in place as required by the contract documents. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Page 2 of 21 Existing property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records to provide all construction survey services. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be 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. Page 3 of 21 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 Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION 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. Page 4 of 21 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. Special scheduling is required for all work that will impact streets next to or adjacent to the schools in the project area. The schools are Our Lady Queen of Angels High School (Private), Corona del Mar Middle and High School. Work on school streets must be scheduled during school holidays of February 18 to 22 or April 8 to 12. No compensation will be made for remobilization costs to complete the work during these scheduled school recesses. Work at the Central Library requires coordination with Library staff and notification one week in advance of construction activities. Access to the Library front entrance must be maintained at all times. Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. The report provided shall be used to determine the trees requiring arborist inspection, as indicated in the Arborist Tree Report summary. Concrete work around Page 5 of 21 selected trees shall be scheduled with the Arborist for review during concrete removal to finish inspection before root pruning. The arborist cannot provide an explicit recommendation or requests tree removal. The Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. Prior to work near trees, the Contractor and Arborist shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar at (949) 644-3197 at the site to discuss City standards and requirements at these locations. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review. 6-7 TIME OF COMPLETION 6-7.1 General 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 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 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) Page 6 of 21 10. December 25th (Christmas) 11. December 261h 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 list of completed work to the Engineer. The Contractor shall maintain list of completed work that matches the work schedule as the job progresses. Any changes to the approved work schedule that have been made with approval from the Engineer shall be documented on the work schedule. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $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. Page 7 of 21 Water used during construction shall be paid for by the Contractor. This includes water for compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-8 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 8 of 21 The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Page 9 of 21 Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four CMBs and updating messages on the CMBs as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Remove and Construct 4 -Inch Thick Concrete Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick minimum concrete sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements and all other work items as required to complete the work in place. Item No. 5 Remove and Construct 6 -Inch Thick Concrete Roadway: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing concrete roadway, compacting subgrade, pouring or pumping concrete (as required) to Jasmine Creek location as shown on Exhibit 2, and locations in Exhibit 3 constructing 6 -inch thick minimum concrete, installing temporary AC sidewalk if required to maintain access, saw -cutting joints, adjusting roadway to grade to match adjacent improvements, and all other work items as required to complete the work in place. Item No. 6 Remove and Construct Type "A" Concrete Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB STD -182-L, 24" wide x 12" deep A.C. patch back, installing dowels, curb painting, re - Page 10 of 21 chiseling of curb face for existing underground utilities, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct 6 -Inch Concrete Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.C. patch back, steel plating, and all other work items as required to complete the work in place. Item No. 8 Remove and Construct Concrete Access Ramps: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete sidewalk, curb and gutter, removing any roots, grading and compacting subgrade, removing asphalt slot next to gutter, constructing concrete access ramps per Detail Sheet 1 to 3, paving asphalt slot patch, restoring all existing improvements damaged by the work, modifying landscape and irrigation to match limits of new ramp, and all other work items as required to complete the work in place. Refer to Detail 4 and 5 for limits of this pay item. Item No. 9 Remove and Construct Concrete Cross Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete cross gutter, removing any roots, grading and compacting subgrade, doweling with epoxy coated rebars, constructing concrete cross gutter spandrel per CNB STD -185-L, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. The spandrel limits shall be from the new access ramp to the joint of the cross gutter. Item No. 10 Prune Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308-1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. This shall include all work for clearing and grubbing roots that are found in all concrete replacement areas. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 11 Tree Removal: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots to a minimum depth of 18 -inches below ground surface by stump grinding, and soil; adjusting surface grade to match adjacent improvements and include complete grading of parkway to level with sidewalk for entire length of parkway; removing all wood chips and debris from tree removal process, making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod, and other private improvements to preconstruction conditions; restoring the ground surface to a new level surface that matches surrounding area and all other work items as required to complete the work in Page 11 of 21 place. Assume trunk size of 24 inch diameter at breast height. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Omission of this payment item in part or in its entirety shall not result in any compensation. Item No. 12 Provide ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for all locations identified on the WORK SCHEDULE. The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Item No. 13 Remove and Replace Electric Pull Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing pull box; furnishing and installing new #3Y2F pull box and cover per CNB STD -204-L or 205-L; reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Work under this item shall include coordination with Telephone Company including requesting new boxes from Telephone company when required and repairing concrete around telecom pull boxes. Location of pull box and cover removals and construction shall be directed by the Engineer during construction. Item No. 14 Remove and Replace Water Meter Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing with new water meter boxes, frames and covers to grade per CNB STD -502-L or STD -503-L, match the finish surface and all other work items as required to complete the work in place. Item No. 15 Remove and Replace Sewer Cleanout Box and Cover: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing sewer cleanout with new triangular cast iron frames, box and covers to grade per CNB STD -511-L, and all other work items as required to complete the work in place. Item No. 16 Remove and Install New Surface Mounted ADA Tiles: Work under this item shall include, but not limited to, all labor and materials relating to removing existing rubber glued on tiles, remove all glue, residue, debris, clean and prepare concrete for tile installation. Install Surface Mounted ADA tiles manufacturer "Armor -Tile" Part No. "ADA -S -3648W" or approved equal, and repair any existing improvements to preconstruction conditions or better to the satisfaction of the Engineer, and all other work items as required to complete the work in place. Item No. 17 Restore Public and Private Improvements: Work under this item shall include, but not limited to, all labor and materials relating to making in-kind repairs to public and private improvements impacted by the work, such as traffic signs, irrigation systems, sprinkler heads, bricks, pavers, plants, shrubs, decorative stones, walls, Page 12 of 21 walks, fences, mailboxes, sod, seeding, 90 day plant establishment phase, synthetic turf, including replacing synthetic turf, modifying synthetic turf base, joining synthetic turf panels and other private improvements to preconstruction conditions or better to the satisfaction of the Engineer, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 3 -inch minimum cover unless shown otherwise on the plans. Add new section — 201-10 ADA SURFACE MOUNTED TILES 201-10 ADA SURFACE MOUNTED TILES Page 13 of 21 Surface mounted ADA tiles shall be manufactured by Armor -Tile (or approved equal) and shall comply with latest California ADA standard which requires 2.35 -inch spacing of truncated domes, color shall be Dark Grey. See product drawing ADA -S -3648W in Appendix C for product installation requirements and details. ADA surface mounted tiles must be installed authorized installer approved by Armor - Tile. Contact authorized installer Chris Hedrick of Hedco Interiors, (626)-890-4523 located at 964 E Badillo #101, Covina, CA 91724. If the Contractor selects an approval for substitute product, a written request be submitted to the Engineer at least one week before bid opening. If no written request is made the Contractor must supply the product in the Specifications. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers Page 14 of 21 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS 215-1 TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 % inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. Page 15 of 21 The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, 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. All saw -cutting operations must be done in a clean manner with wet vacuum and cleaned before sawcutting paste and debris dries. Contractor is responsible for cleaning all residue and debris from the sawcutting operation on the same day of saw -cutting. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation Page 16 of 21 systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry", Product Code 181 manufactured by American Traffic Products, Inc. or approved equal. Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889. Add new section 303-9 — ADA TILE INSTALLATION 303-9 ADA TILE INSTALLATION ADA tile installation must follow manufactures specifications for installation. Location of ADA tiles shall be in the same location of existing tiles. Surface must be prepared per manufacturer's instructions and adhesives and sealers shall be from the manufacturer's approved installer. Tiles shall have adhesive applied and mechanical fasteners per manufacturer recommendations. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS Add Section 315 — TRAFFIC SIGN SECTION 315 - TRAFFIC SIGN 315-1 GENERAL 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. Page 17 of 21 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. 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. Page 18 of 21 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. 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. 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. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. Page 19 of 21 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIAL 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 General The Contractor shall install sod or in kind ground cover in any disturbed areas. The Contractor is responsible to ensure sod or ground cover is watered and in good health for a 90 day period after installation. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester at the site to discuss City standards and requirements. 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. Page 20 of 21 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 21 of 21 APPENDIX A - EXHIBITS NOTES: 1, REMOVE ALL EXISTING RUBBER ADA MATS 2. INSTALL DARK GREY SURFACE MOUNTED ADA TILES 3FT WIDTH y 3. LOCATION WITH SIGNS WILL :� " REQUIRE CUTTING AND MODIFYING TILES TO FIT AROUNE "!'*24SF EXISTING SIGN POSTS ;�ggqqy1 Ilk v ' 162SF K: a r F / SF r 432$$ AD SF J4a• t ` �r ` j�, ` .4 A,F a 3 NEWPORT BEACH CENTRAL LIBRARY "CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT EXHIBIT 1 C-7434-1 F 9/19/18 .A NOTES: 1. DEMO AND REMOVE EXISTING 6 -IN THICK CONCRETE SLAB '2. INSTALL NEW 6 -INCH THICK CONCRETE SLAB ROAD 3. 1.5 -FEET DEEP CONCRETE KEY 4. ROUGH BROOM FINISH 5 SAW CUT PERPENDICULAR JOINTS EVERY 6 FEE 6. SAW CUT LONGITUDINAL JOINT IN CENTER OF THE NEW ROADWAY 4 7. 2 FOOT WIDE AC SLOT AT BOTH 'v ENDS OF NEW ROAD 8. DIFFICULT ACCESS ON STEEP S;LOPE MAY REQUIRE CONCRETE PUMPING E 9. PROTECT CA o'AND GUTTER IN a PLACE _ Q y VP N P a F 1300SF t<.t a 0 1 I 1 AC SLOT PATCH co\X z$' /iyFCRF AF a AC SLOT PATCH z k 4�' 2% SLOPE 0.5' EXISTING C&G PROTECT IN PLACE CONCRETE ROAD SECTION A -A JASMINE CREEK TRAIL CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT 9/19/18 EXHIBIT 2 C-7434-1 0 i U t �C 900SF ,` • f: ix+ a F i k c�i 2,00 SF .150 q � ' ljl- `( 4 c44, �t E NOTES' 1. REMOVE EXISTING AC ROADWAY o 2. 6 -INCH THICK CONCRETE 3. REMOVE TREE o ROOTS 4. SAW CUT JOINTS a EVERY 6 FEET BAYSIDE DRIVE CITY OF NEWPORT BEACH CONCRETE REPLACEMENT PROGRAM PUBLIC WORKS DEPARTMENT EXHIBIT 3 C-7434-1 9/19/18 APPENDIX B - ACCESS RAMPS � dJ 9 a ,9 ti J F p LJ O G 'xew adolS %S'L xIS F > `m . C� a olds T L > o aaeg qanD algelaeA : o Y I r` U,W Q LL U a -2 ., W v v U QJ Jt O (n U a al LL's O N O Uy In O m 3 J o CN d n > L� lO �Py u o �6d•S•i9��J J �'v qjnD ,. b 4y >d�P v L �6%dy91,� algelaeA Si�yJ algeil �e� m c m� 0 o c N Q 9 �Y U N I° DN 0:2W � �R• U� Y LL v1 =U u� 3 > U1 m 3 � oa U o u u �. ) Xew Z ° g adolS %S•L adol5 j m o a v ew u?a aae� qjn� algeue x c U m co U v + ++ ++ + + ++� + �� Q + + + + + +++ + + U w + II 3 L I v II o1X � 0 �Y ,q ueq; ssal c a 0 'xe LL'yI H N V � tel° (n %s'TbraLu �� oy v ~ v ~ zz 3 N x w J ov v m Q fx° Q I N U o XeW x Q f l Z 3 I U O c < W E a I E Z - l 'D -N I Z N O I V-7 LuI X Lu XLu I W x uiW Z b I LnA--�u v o f Ln NI Luw w I Ex2 <Lu C u!w..Z-b %S'L o l Q J d O Z xew x w o H m� %S•T rn� CONCRETE REPLACEMENT PROGRAM CITY OF NEWPORT BEACH ,ul PUBLIC WORKS DEPARTMENT CURB ACCESS RAMP DETAIL SHEET 1 OF 3 C-7434-1 10/24/18 NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4 '-2 "PLATFORM (LANDING) AS IN CASE A, THE SIDEWALK MAYBE DEPRESSED LONGITUDINALLY OR MAY BE WIDENED AS IN CASE D. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN IN CASE C. 3. WHEN RAMP IS LOCATED IN CENTER OF CURB RETURN, CROSSWALK CONFIGURATION MUST BE SIMILAR TO THAT SHOWN IN DETAIL B TO ACCOMMODATE WHEELCHAIRS. 4. NOT USED 5. IF LOCATED ON A CUR VE, THE SIDES OF THE RAMP NEED NOT BE PARALLEL, B UT THE MINIMUM WIDTH OF THE RAMP SHALL BE 4'-2 ". 6. TRANSITIONS FROM RAMPS TO WALKS, GUTTERS, OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 7. SIDEWALK AND RAMP THICKNESS, "T", SHALL BE 4" MINIMUM. S. UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP WILL BE RELOCATED OR ADJUSTED TO GRADE BY THE OWNER PRIOR TO, OR IN CONJUNCTION WITH, CURB RAMP CONSTRUCTION. 9. COUNTERSLOPES OF ADJOINING GUTTERS AND ROAD SURFACES IMMEDIATELY ADJACENT TO AND WITHIN 24" OF THE CURB RAMP SHALL NOT BE STEEPER THAN I V: 20H (5.0%). GUTTER PAN SLOPE SHALL NOT EXCEED I" OF DEPTH FOR EACH 2'-0" OF WIDTH. 10. RASIED TRUNCATED DOMES SHALL BE 12" ADA -2 PAVER (STRAIGHT ROW 2.35" SPACING PATTERN) AND DARK GREY (COLOR: A-90) IN COLOR AS MANUFACTURED BY WAUSAU TILE, INC. (715-359-3121) OF WISCONSIN, 11. DETECTABLE WARNING SURFACES SHALL EXTEND 36 INCHES MINIMUM IN THE DIRECTION OF TRAVEL AND THE FULL WIDTH OF THE CURB RAMP. A 4'-0" WIDE DETECTABLE WARNING MAYBE USED ON A 4'-2" WIDE CURB RAMP. 12. CURB AND GUTTER WILL BE POURED FIRST AND RAMP THE FOLLOWING DAY TO CREATE COLD JOINT. CONCRETE REPLACEMENT PROGRAM CURB ACCESS RAMP DETAIL SHEET 2 OF 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7434-1 1 10/24/18 2.3" Min. to 2.4" Max. Center to Center spacing TOP DIAMETER X45" .20" , BASE DIAMETER .90" O RAISED TRUNCATED DOME CROSSWALK IF PROVIDED DETAIL A TYPICAL TWO -RAMP CORNER INSTALLATION CO) 00 CONCRETE REPLACEMENT PROGRAM CURB ACCESS RAMP DETAIL SHEET 3 OF 3 O O RAISED TRUNCATED DOME PATTERN IN-LINE Y WHERE A FLARED a SIDE OCCURS PROVIDE 2'-0" Lu MIN. OF CURB LU < > o n - SIDEWALK WHERE A FLARED SIDE OCCURS PROVIDE 2'-0" MIN. OF CURB CROSSWALK IF PROVIDED DETAIL B TYPICAL ONE -RAMP CORNER INSTALLATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7434-1 1 10/24/18 NOTES 1. CURB AND GUTTER WILL BE POURED FIRST AND RAMP THE FOLLOWING DAY TO CREATE COLD JOINT 2. LOCATIONS WITH CROSS GUTTER SHALL HAVE SPANDREL REPLACED 3. PARKWAY LANDSCAPE AND IRRIGATION SHALL BE MODIFIED IN KIND F, CONCRETE REPLACEMENT PROGRAM I CITY OF NEWPORT BEACH DETAIL 5 PUBLIC WORKS DEPARTMENT CURB RAMP PAY LIMITS I C-7434-1 1 10/2412018 CONCRETE REPLACEMENT PROGRAM DETAIL 4 CURB RAMP PAY LIMITS NOTES: 1. CURB AND GUTTER WILL BE POURED FIRST AND RAMP THE FOLLOWING DAY TO CREATE COLD JOINT 2. LOCATIONS WITH CROSS GUTTER SHALL HAVE SPANDREL REPLACED 3. 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