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Home My WebLink AboutC-7442-1 - Street Pavement Repair ProgramJune 11. 2020 EBS General Engineering, Inc. Attn: Joseph A. Nanci 1320 E. Sixth Street, Suite 100 Corona, CA 92879 Subject: Street Pavement Repair Program — C-7442-1 Dear Mr. Nanci: l3; Iy f ; t .,it-. sAi_ r i 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx 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. 2019000205629. The Surety for the contract is Suretec Insurance Company and the bond number is 4424732. Enclosed is the Faithful Performance Bond. Sincerely, ,I i Leilani I. Brown, MMC City Clerk Enclosure EXECUTED IN TWO COU14—,RPARTS EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 4424732 FAITHFUL PERFORMANCE BOND BOND #4424732 PREMIUM $4,564 The premium charges on this Bond is $4,564 , being at the rate of $ 10.80 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to EBS General Engineering, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) obtaining encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and Portland Cement Concrete ("PCC") maintenance strip; (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications 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 QURETEC 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 Four Hundred Twenty Two Thousand Six Hundred Thirty Dollars and 00/100 ($422,630.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. EBS General Engineering, 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 13TH day of DECEMBER EBS GENERAL ENGINEERING, INC Name of Contractor (Principal) Aut 'zed 'gnature/Titl� A- tv,�o. PfmAen4 SURETEC INSURANCE COMPANY Name of Surety A rized en gna iare 3131 CAMINO DEL RIO N., #1450 SAN DIEGO, CA 92108 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I/ % OA By: Iku For: Aaron C. Harp amo 1 City Attorney CHARLES L. FLAKE, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF - CONTRACTOR AND SURETY MUST BE ATTACHED EBS General Engineering, 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 Riverside }ss, On December 18 20.1$_ before me, _ Jessica Licea Notary Public, personally appeared _Joseph Anthony Nanci 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. JESSICA LICEA Notary Public - California 70 Riversldecounty 's Commission X 2215630 C e A�� My Comm. Expires Oct 21, 2021 Sign tura (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 befo>o_rfie, Notary Public, personally appeared proved to me on the basis of satisfactory,,Pvfdence to be the person(s) whose name(s) is/are subscribed to the within instrument and a nowledged to me that he/she/they executed the same in his/her/their authorized capacity(iElo, 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) EBS General Engineering, Inc. yPage B-3 .NIAALL-PURPOSE ACKNOW _..:DGMENT Aota nry public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 12-13-18 Dale before me, Lexie Sherwood , Notary Public, Insert Name of Notary exactly as it appears on the official seal personally appeared Charies L. Flake XIE SHERWOOD COMM. # 2203287 NOTARY PU800 • CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2021 vvwwwv who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and offfic�ial $aa I. If Signature �Not�4%� � �— Place Notary Seal Above Signature o o ryPu is eXle Sherwood OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner El Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PVA a: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing tinder the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizarices, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 28th day of September , A.D. 2018 . SURETEC CE PANX `aSURAIdpFC By: Jr., C State of Texas ss: ��W,+ ? County of Harris ...... On this 28th day of September , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. r f ilin N 1111 n ai;I'fl,! if lex.o; nn i al s o9 -10.209. 0 1,q n1 129 1 7053 Xet ' nvez, Notary Public commission expires September I , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my (nand and the seal of said Company at Houston, Texas this 13711 day of DEC BER 2018, A.D. Br tZe,yAssi tent Secreta Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (T1 3) 812-0800 any business day between 8:30 am and 6:00 pm CST. August 19, 2019 EBS General Engineering, Inc. Attn: Joseph A. Nanci 1320 E. Sixth Street, Suite 100 Corona, CA 92879 Subject: Street Pavement Repair Program C-7442-1 Dear Mr. Nanci: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 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. 2019000205629. Company and the bond number is 4424732. Bond. Sincerely, 1^ /r!�l�1er-r// Leilani I. Brown, MMC City Clerk Enclosure The Surety for the bond is Suretec Insurance Enclosed is the Labor & Materials Payment EXECUTED IN TWO COUI &PARTS BOND 114424732 PREMIUM: INCLUDED IN PERFORMANCE BOND -WAV C 2 CITY OF NEWPORT BEACH BOND NO. 4424732 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to EBS General Engineering, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) obtaining encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and Portland Cement Concrete ("PCC") maintenance strip; (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications 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, SURETEC 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 Four Hundred Twenty Two Thousand Six Hundred Thirty Dollars and 00/100 ($422,630.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the EBS General Engineering, Inc. Page A-1 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 13TH day of DECEMBER A , 20 18-. EBS GENERAL ENGINEERING INC Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3131 CAMINO DEL RIO N., #1450 SAN DIEGO, CA 92108 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I / S/ Zol o By a j<, -4 Fur. Aaron C. Harp^ Stw City Attorney Authorized CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED EBS General Engineering, 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 Riverside } ss. On December 18 2018 before me, Jessica Licea Notary Public, personally appeared _,Joseph Anthony Nanci 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. JESSICA LICEA _ Notary Public - California 2�— RiversideCountyCommission # 2215630Sign Ufe My Comm. EXPIres Oct 21, 2021(seal) i -- — w� ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before rhe, 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(iesj, 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 Fund and official seal. Signature (seal) EBS General Engineering, Inc Page A-3 CALIFC- MA ALL-PURPOSE ACKNOVN_..cDGMENT A notary public or other officer cpmpleting this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 12-13-18 before me, Lexie Sherwood , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Slgner(s) PLEXI SHERWOOD COMM. # 2203287 3 NOTARY PUBLIC *CALIFORNIA ORANGE COUNTY Comm. Exp. JULY 27, 2021 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 helshe/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. al Witness my hand and GU seal. i Signature re Place Notary Seal Above Signature of Notary ubllc exlee.��l rwoo — OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner El Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: PoA p; 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 28th day of September, A.D. 2018 . CNOFSURETEC l CE PANY q RBy: ;'D€ John Jr.,CState of Texas ss:.5;) County of Harris On this 28th day of September , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. " v.J1F [ rlAVill --lJrr�ry R,hhc, 5:.la fr ul TtlxaS 09,10 20,20 129117069 Xegil avez, Notary Public d, commission expires September 1 , 2020 1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 13T1 day of DE LIBER 201 A.D. Br t eaty, Assistant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST. 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 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIII[IIIIIIIII NO FEE .$ k 0 0 1 a 9 0 1 z 7 1$ 2019000205629 8:21 am 06/13/19 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 EBS General Engineering, Inc., Corona, California, as Contractor, entered into a Contract on November 13, 2018. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program - C-7442-1 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 Suretec Insurance Company. BY e Public Works Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V I/I,u 'Z t at Newport Beach, California. M https:Hgs.secure-recording.com/Batch/Confirmatioti/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 EBS General Engineering, Inc., Corona, California, as Contractor, entered into a Contract on November 13, 2018. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program - C-7442-1 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 Suretec Insurance Company. BY'�—�J /Jl� ) Public Works Directo City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V Ru I ` "I at Newport Beach, California. BY A�db�� City- CI r CITY CIRK 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 10:30 AM on the 9th day of October, 2018, at which time such bids shall be opened and read for STREET PAVEMENT REPAIR PROGRAM 19R03 Contract No. C-7442-1 $450,000 Engineer's Estimate :haul J. Sinacori n,dCity 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" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca. gov/govern ment/open-transr)a rent/on line-services/bids-rfps- vendor-registration City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 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 STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be signed) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 0 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. 720016 A President Contractor's License No. & Classification Authorized Signature/Title 1000005295 EXP 3/31/20 DIR Reference Number & Expiration Date EBS General Engineering, Inc. Bidder 5 10/11/18 Date BOND/f 3-B PREMIUM: NIL City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of STREET PAVEMENT REPAIR PROGRAM, Contract No. C -7442 -lin 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 4TH EBS GENERAL ENGINEERING, INC. Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3131 CAMINO DEL RIO N. #1450 SAN DIEGO, CA 92108 Address of Surety (619) 400-4100 Telephone day of OOCTOBER 2018. Authorized Signature/Title Joseph A. Nanci, President f Authorized Agent Signature SPENCER FLAKE/ATTORNEY-IN-F Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 1*1 CALIFORNIA ALL-PURPOSE 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 g of Orange On 10/4/18 before me, Erin A. Sherwood Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Spencer Flake Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ERIN A. SHERWOOD and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) J.;,; Commission # 2118628 a acted, executed the instrument. Z�Notary Public - California � y" z Orange Cow,Yy p My Comm. Expires Jul 6, 2019 I certify under PENALTY OF PERJURY under the laws of foregoing is true the State of California that the paragraph and correct. Witness my hand and official seal. Signature _ 2 �d Place Notary Seal Above Signatu otary Public Erin . Sherwood OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ame:❑ Signer's Name.- F-1Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL PURPOSE 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 Riverside On October 12, 2018 Dote before me , Public, personally appeared Joseph Nanci Name(s) of Signer(s) K. Fairweather Insert Nome and Title of the officer Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. W;TINSS my h d and official seal. Sre: K. FAIRWEATHER Notary Public - California Z Riverside County Z Z ' Commission # 2149313 r My Comm. Expires Apr 21, 2020 a..._.,.,._..,w_ _ . ------------------------------------------------------------- OPTIONAL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment 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(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: POA#: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 9/10/2020 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999) In Witness Whereof,.SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 8th day of August , A.D. 2017 . rummnmunum, SURETECT!2E ANY � vRAN� �C'�S X eco q t By: LU : w ) nz John Knox , res/ nt State of Texas ss: rr 1 C ; f F� County of Harris •••.......... On this 8th day of August , A.D. 2017 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA CHAVEZ Notary Public, State of Texas ^9+� Comm. Expires 09-10-2020 Notary ID 129117659 X to avez, Notary Public 00014000�y commission expires September 10, 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 4TH dqY of C $ER 2018 A.D. B etary nt Be y, Assistant Se Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Pavement Recycling Systems, Inc. Address: 10240 San Sevaine Way Jurupa alley COLD MILL Phone: 951-682-1091 #11 &22 State License Number: 569352 10.3% DIR Reference: 1000003363 jkaragas@pavementrecyc ling.com Email Address: Name: BC Traffic Specialist Address: 638 W. Southern Ave., Orange Phone: #4 Striping 714-974-1190 4% State License Number: 877686 DIR Reference: 1000005503 alexm@bctraffic.com Email Address: Name: Traffic Loops Crackfilling, Inc. Address: 946 S. Emerald St, Anaheim 714-520-4026 Loops Phone: #20 3.7% State License Number: 652956 1000003794 DIR Reference: Email Address estimatin @ticinc-ca.co EBS General Engineering, Inc. Z Z_K1 President Bidder Authorized SignaturefTitle 0 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name EBS General Engineering, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number FY 2016/2017 Arterial and Minor Streets Maintenance Project Description Street maintenance - asphalt, crackfill, glaspav, minor pcc, adjust utilties Approximate Construction Dates: From 9/2017 Agency Name City of Rivreside To: 9/2018 Contact Person Steve Howard Telephone ( 951-826-5708 Original Contract Amount $4,594,000Final Contract Amount $ 4,574,042.87 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work performed balancing 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. 10 No. 2 Project Name/Number Westminster Ave Improvements Project Description Street Improvements - asphalt, minor pcc, adjust utilities, cold milling Approximate Construction Dates: From 6/2018 To: on-going Agency Name City of Santa Ana Contact Person Tyrone Chesanek Telephone ( ) 714-647-5074 Original Contract Amount $1,399,OOOFinal Contract Amount $ tbd If final amount is different from original, please explain (change orders, extra work, etc.) Tbd - project still on-going 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 Concrete Street Rehabilitation, FY 2015-16 Project Description Minor Concrete, Street Improvements Approximate Construction Dates: From 7/2016 To: Agency Name City of Orange 10/2016 Contact Person Matthew Lorenzen, Telephone ( ) 714-744-5566 Original Contract Amount $ 574,850 Final Contract Amount $ 579,231.96 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work performed Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Project Name/Number CONCRETE REPAIR PROGRAM EAST SIDE -PHASE VII Project Description Concrete repairs Approximate Construction Dates: From 4/2018 Agency Name City of West Hollywood To: 6/2018 Contact Person Mila Sologub Telephone ( ) 323-848-6338 Original Contract Amount $ 316,300 Final Contract Amount $ 316,300 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number ALDERDALE NEIGHBORHOOD REHAB; W.O. NO 6 Project Description Street improvements - minor pcc asphalt slurry seal ad; ust utilities Approximate Construction Dates: From 3/2018 To: 4/2018 Agency Name _ City of Anaheim Contact Person Lorenzo Rea Telephone ( ) 714-765-6893 Original Contract Amount $ 499,253 Final Contract Amount $ 514,973 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work performed 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 PEDESTRIAN SAFETY ENHANCEMENT PROJECT 2015/16 & 2016/17 Project Description Street improvements - minor pcc, utilities, striping Approximate Construction Dates: From 8/2017 To: 11/2017 Agency Name City of Murrieta Contact Person Mai Son Telephone ( 951-461-6085 467,859 Original Contract Amount $ Final Contract Amount $ 479,174.13 If final amount is different from original, please explain (change orders, extra work, etc.) Extra work, 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. 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 sufficiently comprehensive to permit an appraisal of the COn# actor, conditions. ' 77 EBS General Engineering, Inc. Bidder Authorized Signatu 13 ar information rrent financial President William E. Ellis, Jr. 1320 E. Sixth Street Ste 100 Corona, CA 92879 Cell: (714) 448-1136 Current Position: EBS General Engineering, INC. Corona, CA July 2005 — Present Project Manager 2005 -Present Insurance Claims Liaison 2007 -Present Safety Officer 2008 -Present Prior Experience: Seal Black/Helmick Asphalt Operations Manager Foreman Operator Bay Alarm Company Foreman Laborer Capabilities/Experience: • Customer Relations/Service • Communications • Project Supervisor • Project Cost Estimation • Project Comprehension • Project Management • Materials Submittals/Compliance • Asphalt Paving Management • Concrete Masonry Management • Industrial Security Systems Installation Garden Grove, CA Oakland, CA April 1987 —July 2005 • Project Safety Supervisor • Employee Safety Liaison • Change Order Execution • BIT Compliance • Traffic Control Planning • SWPPP Planning/Compliance • Railroad Safety Courses • OSHA Compliance • CPR Certified • Tail -Gate Safety Meeting Organizer 1979-1987 William (Willie) has 30 plus years experience in multiple areas of the construction industry. His experience with industrial and infrastructure construction has afforded him a skill -set of high productivity within the organization. As a project manager at EBS, Willie executes contract compliance, purchase orders and sub -contracts, project review, material submittals and compliance, and coordination with various agencies, contractors, developers and engineering firms. He also helps EBS to obtain the necessary encroachment and building permits, city standards and plans, and safety programs for all projects big and small. During Willie's 30 years in the industry, he has also been intermittently certified on various safety programs such as railroad safety programs, OSHA Certified Safety programs, and CPR certification classes. His extensive and comprehensive construction background makes Willie a pivotal component of EBS's organizational structure. City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Joseph A. Nanci being first duly sworn, deposes and says that he or she is President of EBS General Engineering, Inc_, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California tha the fore in is true and correct. EBS General Engineering, Inc Bidder Authorized Signature/Title Joseph A. Nanci, President Subscribed and sworn to (or affirmed) before me on this A`I`I day of 2018 r by �_.�EjS��Y\ \�l�Jl�(� proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the St e of California that the foregoing paragraph is true and correct. RWE ATHER Notary Public K. FAI Notary Public - California [SEAL]Riverside County z Z ' Commission # 2149313 D My Comm. Expires Apr 21, 2020 14 My Commission Expires: ✓ &U City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 DESIGNATION OF SURETIES Bidder's name EBS General Engineering, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): .3 Culbertson Insurance Services - 5500E Santa Ana Canyon Rd Ste 201 Anaheim CA 92807 - (714) 921-0530 Inv -ensure Insurance Services - 17991 Cowan Irvine CA 92614 (949) 756-4100 15 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name EBS General Engineering, Inc. Record Last Five (5) Full Years Current Year of Record on required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 126 165 151 144 145 122 853 Total dollar Amount of Contracts (in 23,759 22,823 16,735 Thousands of $ 25,633 19,804 14,946 123,700 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 4 2 4 6 1 1 18 No. of lost workday cases involving permanent transfer to 0 0 0 0 0 0 0 another job or termination of employment 'he informati on required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business Tel. No.: 951-279-6869 State Contractor's License No. and 720016 A Classification: Title President The above, information was compiled from the records that are available to me at this time and I declare- under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date 10/11/18 Title _ President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. jNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL PURPOSE 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 Riverside ) On October 12, 2018 before me , Date Public, personally appeared Joseph Nanci Name(s) of Signer(s) K. Fairweather Insert Name and Title of the officer Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. Sign re: K. FAIRWEATHER Notary Public - California Z : �a Riverside County z Z ' Commission # 2149313 My Comm. Expires Apr 21, 2020 ------------------------------------------------------------- OPTIONAL ------------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment 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(ies) Claimed by Signer(s) Signers Name: ❑ Corporate Officer — Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: Signers Name: ❑ Corporate Officer—Title(s) ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee ❑Guardian or Conservator ❑ Other: Signer is Representing: ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNTA CORPORATION All of the Board of Directors of EBS General Engineering, Inc., desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date: January 3, 2010 .loseplanei, SoADirector ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: Josep anc�Secretaryy City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name EBS General Engineering, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature 1 10/4/18 18 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Telephone and Fax Number: 951-279-6869 California State Contractor's License No. and Class: 720016 A (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/31/96 Expiration Date: 3/31/20 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: Joseph A. Nand, President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Joseph A. Nand, President 1320E Sixth St Ste 100 Corona CA 92879 951-279-6869 Corporation organized under the laws of the State of CA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes Qo 20 Are any claims or actions unresolved or outstanding? Yes / o� If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Joseph A. Nanci (Print name of Owr or President of Corpor tion/Co pany) EBS General Engineering, Inc. President Bidder Authorized Signature/Title President Title 10/11/18 Date On �&4 pe ore me, _ b :�t'&,AN�'tary Public, personally appeared whu 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. and and official seal. Public in and for said State My Commission Expires: 21 K. fAIRWEATHER (SEAL) Notary Public - California ' Riverside County i Commission # 2149313 D My Comm. Expires Apr 21, 2020 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 r r -1 f,,e r, STREET PAVEMENT REPAIR PROGRAM CONTRACT NO. 7442-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of November, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EBS GENERAL ENGINEERING, INC., a California corporation ("Contractor"), whose address is 1320 E. Sixth Street, Suite 100, Corona, California 92879, 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: (1) obtaining encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and Portland Cement Concrete ("PCC") maintenance strip; (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications (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. 7442-1, 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 Four Hundred Twenty Two Thousand Six Hundred Thirty Dollars ($422,630.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Joseph Nanci to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. EBS General Engineering, Inc. Page 2 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 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Joseph A. Nanci EBS General Engineering, Inc. 1320 E. Sixth Street, Suite 100 EBS General Engineering, Inc. Page 3 Corona, CA 92879 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. EBS General Engineering, Inc. Page 4 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 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 EBS General Engineering, Inc. Page 5 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 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. EBS General Engineering, Inc. Page 6 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. 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 EBS General Engineering, Inc. Page 7 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract EBS General Engineering, Inc. Page 8 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] EBS General Engineering, 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:_ I O (� By: 04��VaA16 /.�iGt�•• F,,f; Aaron C. Harp City Attorney ATTEST: Date: /_0 Leilani I. Brown City Cler `�pr,_ Attachments CITY OF NEWPORT BEACH, a California municipal co r oration Date: By: Diane B. Dixon Mayor CONTRACTOR: EBS General Engineering, Inc., a California corporation Date: Signed in Counterpart By: Joseph A. Nanci Chief Executive Officer and Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements EBS General Engineering, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: I Z I Z Zo 18 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: By: Fb( Aaron C. Harp Diane B. Dixon City Attorney Mayor ATTEST: CONTRACTOR: EBS General Date: Engineering, Inc., a California corporation Date: By: By. _ Z Leilani I. Brown Joseph A. Nanci City Clerk Chief Executive Officer and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements EBS General Engineering, Inc. Page 10 ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL I NGTNEFRIt G, CNC A CALIFORNIA CORPORATION All of the Board of Directors of EBS General Engineering, Inc., desiring to insure that all the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORR RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind; obligate and commit EBS General —Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date: January 3, 2010 tosepl °anti, Sole Director ATTESTATION I, being die Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated:_ Josep 'anci, Secretary EXECUTED IN TWO COUNTERPARTS EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 4424732 LABOR AND MATERIALS PAYMENT BOND BOND #4424732 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to EBS General Engineering, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) obtaining encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and Portland Cement Concrete ("PCC") maintenance strip; (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications 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, SURETEC 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 Four Hundred Twenty Two Thousand Six Hundred Thirty Dollars and 00/100 ($422,630.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the EBS General Engineering, Inc. Page A-1 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 13TH day of DECEMBER 20 18 . EBS GENERAL ENGINEERING INC. \,k Name of Contractor (Principal) AuthAi ft§ignat re/Ti �,ep� R. it .,t, �tres;Aehk SURETEC INSURANCE COMPANY Name of Surety 3131 CAMINO DEL RIO N., #1450 SAN DIEGO, CA 92108 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 2019 By: LA,- Fut,- Aaron C. Harp ;,,nn o�ios�►q City Attorney Authorized AgM Signature CHARLES L. FLAKE, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED EBS General Engineering, 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 Riverside } ss. On December 18 2018 before me, Jessica Licea Notary Public, personally appeared _ Joseph Anthony Nand 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. JESSICA LICEA @my Notary Public - CaliforniaRiverside County3 Commission # 2215630 Comm. Expires Oct 21, 2021 Signature (seal) /■ww ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 befoMXe, Notary Public, personally appeared proved to me on the basis of satisfactory dence to be the person(s) whose name(s) is/are subscribed to the within instrument and nowledged to me that he/she/they executed the same in his/her/their authorized capacity(i , and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon alf of which the persons) acted, executed the instrument. I certify under PENALTY PERJURY under the laws of the State of California that the foregoing paragraph is true and rrect. WITNESS my Dzrnd and official seal. Signature (seal) EBS General Engineering, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Oran On 12-13-18 before me, Lexie Sherwood Date Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of , 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), LEXIE SHERWOOD and that by his/her/their signature(s) on the instrument the G COMM. # 2203287 a person(s), or the entity upon behalf of which the person(s) (� °'fit,•<< NOTARY PUBLIC *CALIFORNIA acted, executed the instrument. ORANGE COUNTY -' Comm. Exp. JULY 27, 2021 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. / Signature CvzwGezv _ Place Notary Seal Above Signature of WctaryPubljc exie erwo0 OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: _ ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: POA#: 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)- in- Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2t7' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 28th day of September , A.D. 2018 . RANCF SURETEC CE PANY w` W X 9 p$ By. John K Jr., C ss: State of Texas `' z= County of Harris ••.... On this 28th day of September , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. -Y L.l-IIA CIi.K111Z Notary Public, Stale of Texas ^'•fe' Conxr . Expires 09-10-2020 yfnii ��` Idolary M 129117659 Xer ' tavez, Notary Public � commission expires September 1 , 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 13TH day of DE MBER , 2018 A.D. 9V . Br t eaty, Assi tant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 6:00 pm CST. EXECUTED IN TWO COUNTERPARTS CITY OF NEWPORT BEACH BOND NO. 4424732. FAITHFUL PERFORMANCE BOND BOND 44424732 PREMIUM $4,564 The premium charges on this Bond is $4,564 , being at the rate of $ 10.80 PER thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to EBS General Engineering, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of: (1) obtaining encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and Portland Cement Concrete ("PCC") maintenance strip; (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade; and (10) other incidental items to be completed in work place required by the Plans and Specifications 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 5URETEC 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 Four Hundred Twenty Two Thousand Six Hundred Thirty Dollars and 001100 ($422,630.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. EBS General Engineering, 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 13TH day of DECEMBER 2 18 EBS GENERAL ENGINEERING, INC Name of Contractor (Principal) A=gnature/Titl6 k_ N/aocr SURETEC INSURANCE COMPANY !� Name of Surety Akh&rized ent gna ure 3131 CAMINO DEL RIO N., //1450 SAN DIEGO, CA 92108 Address of Surety (619) 400-4100 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 p� By: aZ6C Cror:Aaron C. Harp City Attorney CHARLES L. FLAKE, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF - CONTRACTOR AND SURETY MUST BE ATTACHED EBS General Engineering, 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 Riverside ) ss. On _ December' 8 20 18 before me, Jessica Licea Notary Public, personally appeared Joseph Anthony Nand 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. JEsslcnucEa Notary Public - California @My RiversideCountyCommission 8 2215630 Comm. Expires Oct 21, 2021 Sign Lure (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 Notary Public, personally appeared e, proved to me on the basis of satisfactory Idence to be the person(s) whose name(s) is/are subscribed to the within instrument and nowledged to me that he/she/they executed the same in his/her/their authorized capacity(i 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 PERJURY under the laws of the State of California that the foregoing paragraph is true and orrect. WITNESS my d and official seal. Signature (seal) EBS General Engineering, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 12-13-18 Date before me, Lexie Sherwood Insert Name of Notary exactly as it appears on the official seal personally appeared Charles L. Flake Name(s) of Signer(s) LEXIE SHERWOOD r COMM. # 2203287 S NOTARY PUBLIC • CALIFORNIA n a ORANGE COUNTY Comm. Exp. JULY 27, 2021 , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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 seI. Signature (( Place Notary Seal Above Signature o o ryPubic Lexieerwo0 OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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: ❑ Individual ❑ Corporate Officer—Title(s):_ ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: _ ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: P0A a, 510123 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Charles L. Flake, David L. Culbertson, Spencer Flake, Heather Willis its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Ten Million and 00/100 Dollars ($10,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixed this 28th day of September , A.D. 2018 . SURETEC CE PAiNY ,a�VRANC� By: LU w lA' John K Jr. C State of Texas ss: 0:%. co .:' ?_ ? County of Harris On this 28th day of September , A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. XENIA CHAVEZ ��` rPt• PSB � O; =z, Notary Public, State of Texas -�'•. Comm. Expires 09-10-2020 i/TF Of ttit`�. Notary 10 129117659 ` L Xe ' iavez, lvotary Public �iYF commission expires September 1 , 2020 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 13TH day of DE BER 2018 A.D. Br t eaty, Assi tant Secreta Any instrument issued in excess of the penalty stated above is totally void and without any validity, For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. 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 EBS General Engineering, 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. ollowing: 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 EBS General Engineering, 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 20380413. 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 EBS General Engineering, 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. EBS General Engineering, 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: 12/19/18 Dept./Contact Received From: Raymund Date Completed: 12/26/18 Sent to: Raymund By: Jan Company/Person required to have certificate: EBS General Engineering, Inc. Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/28/18 — 9/28/19 A. INSURANCE COMPANY: Liberty Mutual Fire Insurance Company B C D E F G IS J K. AM BEST RATING (A- : VII or greater): A / XV ADMITTED Company (Must be California Admitted): Is Company admitted in California? LIMITS (Must be $1 M or greater): What is limit provided? ADDITIONAL INSURED ENDORSEMENT — please attach PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: N Yes ❑ No $1M/$2NI/$2M ® Yes ❑ No N Yes ❑ No N Yes ❑ No N Yes ❑ No ❑ Yes ❑ No ❑ Yes N No N N/A ❑ Yes ❑ No ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9/28/18 — 9/28/19 A. INSURANCE COMPANY: First Liberty Insurance Corp 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 $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A 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 I. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/28/18 — 9/28/19 A. INSURANCE COMPANY: First Liberty Insurance Corp B. AM BEST RATING (A-: VII or greater): A / XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY VI BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Serlhs Broker of record for the City of Newport Beach 12/26/18 Date ® Yes ❑ No ® Yes ❑ No $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach STREET PAVEMENT REPAIR PROGRAM Contract No. C-7442-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C-7442-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 10/11/18 Date 951-279-6869 Bidder's Telephone and Fax Numbers 720016 A Bidder's License No(s). and Classification (s) EBS General EnjZineerijig, Ync. Bidder � President Bidder's Authorized Signature and Title 1320 E. Sixth St., Ste 100 Corona CA 92879 Bidder's Address Bidder's email address: bids@ebsgeneral.com PR -1 City of Newport Beach Page 1 STREET PAVEMENT REPAIR PROGRAM (C-7442-1), bidding on October 16, 2018 10:00 AM (Pacific) Printed 10/16/2018 Bid Results Bidder Details Vendor Name EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST, STE 100 CORONA, CA 92879 United States Respondee JOSEPH A. NANCI Respondee Title PRESIDENT Phone 951-279-9686 Ext. Email BIDS@EBSGENERAL.COM Vendor Type CADIR License # 720016 CADIR 1000005295 Bid Detail Bid Format Electronic Submitted October 16, 2018 9:45:59 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 156422 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUMITTAL C-7442-1 EBS BID SUBMITTAL C-7442-1 EBS.pdf General Attachment BID BOND BID BOND.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment C-7442-1 Street Pavement Repair Program 1 Mobilization LS 1 $15,000.00 $15,000.00 2 Surveying Services LS 1 $5,000.00 $5,000.00 3 Traffic Control LS 1 $45,000.00 $45,000.00 4 Signing, Striping, Markings and Markers LS 1 $15,000.00 $15,000.00 5 Remove and Reconstruct Concrete Median Curb LF 100 $75.00 $7,500.00 PlanetBids, Inc. City of Newport Beach Page 2 STREET PAVEMENT REPAIR PROGRAM (C-7442-1), bidding on October 16, 2018 10:00 AM (Pacific) Printed 10/16/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove and Reconstruct Concrete Maintenance Strip LF 100 $75.00 $7,500.00 7 Regrade and Repair Landscape to Match Existing LS 1 $5,000.00 $5,000.00 8 Prune Tree Roots EA 2 $1,000.00 $2,000.00 9 Install Root Barrier LF 100 $35.00 $3,500.00 10 Construct Isolated AC Pavement Digouts (6" Full Depth AC) TON 130 $400.00 $52,000.00 11 Cold Mill Asphalt Concrete Pavement SF 72600 $0.60 $43,560.00 12 Place 1 -inch Thick AC Leveling Course TON 450 $99.00 $44,550.00 13 Place 2 -inch Thick AC Finish Course TON 880 $99.00 $87,120.00 14 Remove & Install New IRWD Water Valve Box & Cover EA 5 $2,000.00 $10,000.00 15 Remove & Install New OCWD Water Valve Box & Cover EA 1 $3,000.00 $3,000.00 16 Remove & Install New CNB Water Valve Box & Cover EA 10 $1,300.00 $13,000.00 17 ITEM REMOVED FROM BID PER ADDENDUM NO. 1 N/A 0 0 0 18 Replace with New CNB Manhole Frame and Cover to Grade EA 7 $2,000.00 $14,000.00 19 Remove & Replace with New Survey Monument Boc and Cover to Grade EA 2 $2,000.00 $4,000.00 20 Replace Traffic Signal Detector Loops EA 42 $450.00 $18,900.00 21 Provide As -Built Drawings LS 1 $2,000.00 $2,000.00 PlanetBids, Inc:. City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (C-7442-1), bidding on October 16, 2018 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 22 Cold Mill Asphalt Concrete Pavement (1.5 -inch) SF 10000 $0.50 23 Place 1.5 -inch Thick AC Finish Course TON 100 Subcontractors Name & Address Description BC Traffic Specialist STRIPING 638 W Southern Ave Orange, CA 92865 United States Traffic Loops Crackfilling, Inc. LOOPS 946 S. Emerald Street Anaheim, CA 92804 United States PAVEMENT RECYCLING COLD MILL SYSTEMS 10240 SAN SEVAINE WAY JURUPA VALLEY, CA 91752 United States License Num 877686 652956 569352 PlanetBids, Inc. $200.00 Subtotal Total CADIR 1000005503 1000003794 1000003363 Page 3 Printed 10/16/2018 Line Total Comment $5,000.00 $20,000.00 $422,630.00 $422,630.00 Amount Type $17,650.00 $15,540.00 DGS,DBE,CADIR $43,706.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �EW ADDENDUM NO. 1 STREET PAVEMENT REPAIR PROGRAM CONTRACT NO. 7442-1 DATE: October 4, 201$ BY: AC G CITY 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 bid opening to October 16, 2018 at 10:00 AM. 2. Change Engineer's Estimate to $500,000 SPECIFICATIONS 3. Section 5-4 Relocation INSERT at the end of Paragraph 1: "OCSD (Orange County Sanitation District) Manholes shall be protected in place and not be temporarily lowered or raised." 4. Section 9-3.1 General REMOVE entire Bid Item No. 17 Adjust OCSD Manhole Frame and Cover to Grade 5. Section 9-3.1 General INSERT Bid Item No. 22 Cold Mill Asphalt Concrete Pavement (1.5 -inch): Work under this item shall include but not be limited to, all labor tools, equipment and material costs for cold milling 1.5 -inch thick of existing asphalt concrete pavement, construction temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. 6. Section 9-3.1 General INSERT Bid Item No. 23 Place 1.5 -inch Thick Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying tack coat, spreading and compacting for constructing 1.5 -inch thick of asphalt concrete finish course and all other work items as required to complete the work in place. 7. Appendix A Layout Plan REMOVE entire Appendix A (1 page) (See updated notes on revised sheet 1 for manholes) REPLACE entire Appendix A (2 pages) with Addendum No. 1 Appendix A Layout Plan 8. Appendix C Quantities Table REMOVE entire Appendix C (1 page) REPLACE entire Appendix C (1 page) with Addendum No. 1 Appendix C 9. Location Map REMOVE entire Location Map (1 page) REPLACE entire Location Map (1 page) with Addendum No. 1 Location Map PROPOSAL 10. Bid Item No. 16 Remove and Install New CNB Water Valve Box and Cover REPLACE total quantity from 1 EA to 10 EA 11. Bid Item No. 17 Adjust OCSD Manhole Frame and Cover to Grade REMOVE bid item from the Proposal 12. Bid Item No. 18 Replace CNB Manhole with New Frame and Cover to Grade REPLACE total quantity from 5 EA to 7 EA 13. Bid Item No. 22 Cold Mill Asphalt Concrete Pavement (1.5 -inch) INSERT bid item to the Proposal 14. Bid Item No. 23 Place 1.5 -inch Thick Asphalt Concrete Finish Course INSERT bid item to the proposal The Bid Line Items on PlanetBids have been revised to reflect updated bid quantities. 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. Joseph A. Nand Bidder's Name (Please Print) 10/11/18 Date President Authorized Signature Title APPENDIX A - LAYOUT PLAN ai\sto�roud rxaauro si-auf,•�>v 0 V J� d z z O ccr a O I F \ — —aasii ssFn�ads`-��. I hr 1 i ai\sto�roud rxaauro si-auf,•�>v 0 V J� d z z O O wLL F ® U w x � O O I N r N I a U O w a J � zaQur ,i I r W ' 1wo Z V I p J U W o �ro"=z 3,I I U os�wvQ=io .,i I IIS I O ?a�42 m a 3 i N U U U 3 0 I }��., 1 1 1 1 1 1 1 11 I1 '1 � I mak. ai\sto�roud rxaauro si-auf,•�>v 0 V J� d z z O q 0 0 0 0 0 0 ® 0 2 q 2 \ o C*4 q � N $ � k § § co LL u.§ k /§ n J cc cc n 00 0 g g c 2 = 0 — ® n % k k 2 o \$ _ � o o _ o T T M & Q Q [ 2 _ 0 §C .E ° § c � w � ƒƒ C n p & c nI � Ey Rc ESE E o oS o 1 LO 0 cu & q / c < co 2 ' \ I & o 2 6 = � ƒ 2 K \ E / / w Z / cu V5 2 < E 0 \ 2 2 w ' � [ w = I M � w = t o ƒ 2 06 c / / > > 8 < ® . = 2 c 2 6 f e7 k ƒ o 2 ƒ k § E = o \ 3 \ E \ C14 I n I « I LO 10 1 w 0 0 0 0 0 0 ® $ C @ $ N $ k § § LL u.§ k J J J cc cc 0 g g 2 2 = % k k 2 \ o � � o o 'co o T T M & A [ 2 §C .E ° § � w � & c � A I JOHN WAYNE AIRPORT NOT TO SCALE STREET PAVEMENT REPAIR PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7442-1 1 10/9/18 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET PAVEMENT REPAIR PROGRAM 19R03 CONTRACT NO. C-7442-1 PART 1 - GENERAL PROVISIONS y 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 5 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 5 6-7.1 General 5 6-7.2 Working Days 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR g 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK Error! Bookmark not defined. 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 7-10.5 Security and Protective Devices 9 7-10.5.3 Steel Plate Covers 9 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 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 14 SECTION 203 — BITUMINOUS MATERIALS 14 203-6 ASPHALT CONCRETE 14 203-6.5 Type III Asphalt Concrete Mixtures 14 SECTION 214 - 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 14 SECTION 215 - TRAFFIC SIGNS Error! Bookmark not defined. PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 15 300-1.3.1 General 15 300-1.3.2 Requirements 15 SECTION 302 - ROADWAY SURFACING 15 302-5 ASPHALT CONCRETE PAVEMENT 15 302-5.1 General 15 302-5.8 Manholes (and other structures) 16 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 16 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT 16 MARKINGS 16 314-4.1 General 16 314-4.2 Control of Alignment and Layout 16 314-4.2.1 General 16 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 16 314-4.4.1 General 16 314-5 PAVEMENT MARKERS 17 314-5.1 General 17 314-5.4 Placement 17 PART 6 — TEMPORARY TRAFFIC CONTROL 17 SECTION 600 — ACCESS 17 600-1 GENERAL 17 600-2 VEHICULAR ACCESS 18 600-3 PEDESTRIAN ACCESS 18 SECTION 601— WORK AREA TRAFFIC CONTROL 18 601-1 GENERAL 18 601-2 TRAFFIC CONTROL PLAN (TCP) 18 PART 7 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 19 SECTION 701— CONSTRUCTION 19 701-17 TRAFFIC SIGNAL CONSTRUCTION 19 701-17.6 Detectors 19 701-17.6.3 Inductive Loop Detectors 19 PART 8 — LANDSCAPING AND IRRIGATION 19 SECTION 801 - INSTALLATION 19 801-1 General 19 CITY OF NEWPORT BEACH (rr,_�BE ESSPUBLIC WORKS DEPARTMENTSPECIAL PROVISIONS STREET PAVEMENT REPAIR PROGRAM 19R03 l CIVIC"" F Or Ck� CONTRACT NO. C-7442-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Layout Plan (Drawing No. R -6091-S in Appendix A, (3) the City's Design Criteria, Standard Special Provisions and Standard Drawinas for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawinas 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 California Contractor Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. Page 1 of 20 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 (1) obtain encroachment permit from City of Irvine Engineering; (2) distributing construction notices to affected businesses and residents; (3) establishing traffic control for construction; (4) grinding existing pavement and reconstructing and overlaying roadway; (5) removing roots and installing root barriers; (6) removing and reconstructing curb and PCC maintenance strip, (7) adjusting utilities to grades; (8) installing traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have their utility facilities raised to grade and (10) other incidental items to be completed in work place required by the Plans and Specifications. 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. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 20 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be 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 20 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 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. Page 4 of 20 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 40 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability Page 5 of 20 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. Construction for this project shall not start until January 7, 2019. Work at Location 1, Jamboree Road and East Bluff Drive requires all grinding, paving and loop installation must be completed during the one week school closure from February 18 to 22. 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. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply.- A. pply: A. Night work hours shall be considered to be from 8:30 p.m. to 6:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. Night work will be allowed at Location 3 and 4 C. The Engineer must approve all requests for night work. D. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. 6-7.2 Working Days 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) 10. December 25th (Christmas) Page 6 of 20 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. In addition to the specified overall contract time, an additional liquidated damage of $1,000 for each consecutive calendar day will be assessed for not completing the traffic loop detector installation as described in Section 701-17.6.3. In addition to the specified overall contract time, an additional liquidated damage of $1,000 for each consecutive calendar day will be assessed for not completing the temporary striping and tabbing as described in Section 314-4.1. 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. Page 7 of 20 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-8 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) Page 8 of 20 The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 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. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. Page 9 of 20 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: 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, obtaining encroachment permit from City of Irvine Engineering department, 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 controls, 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, preparing traffic control plans, 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 Signing, Striping, Markings and Markers: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing Page 10 of 20 existing pavement striping and markers, installing pavement striping, markings and markers, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Remove and Reconstruct Concrete Median Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete curb, grading and compacting subgrade, reconstructing concrete median curb at Location #5 and Location #6 in Appendix A, constructing full depth asphalt concrete slot paving adjacent to the median curb, re - chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove and Reconstruct Concrete Maintenance Strip: 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 maintenance strip, grading and compacting subgrade, constructing 18 -inch wide, 4 -inch thick concrete maintenance strip to match existing at Location #5 and Location #6 in Appendix A, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 7 Regrade and Repair Landscape to Match Existing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for regrading, and installing landscaping items at Location #5 and Location #6 in Appendix A, to match existing at the location that median curb and concrete maintenance strip are being reconstructed, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 8 Prune Tree Roots: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for regrading, and removing tree roots and making clean cuts on roots in the method described in Section 801 of these specifications and all other work items as required to complete the work in place. Item No. 9 Install Root Barrier: Work under this item shall include, but not be limited to, all labor, tolls equipment and material costs for installing root barriers per Section 801- 1 as directed by the engineer in the field within the limits of work on San Joaquin Hills Road at Location #5 and Location #6 in Appendix A, restoring all existing improvements damaged by the work and all other work items. Item No. 10 Construct Isolated Asphalt Concrete Pavement Digouts (6" Full Depth AC): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing asphalt pavement sections as directed by the engineer; and constructing 6" full depth AC pavement section, this section shall be under the leveling course and finish course, and all other work items as required to complete the work in place. Item No. 11 Cold Mill Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling 3 -inch Page 11 of 20 thick of the existing asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. 12 Place 1 -inch Thick Asphalt Concrete Leveling Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting for constructing 1 -inch minimum thickness of asphalt concrete leveling course and all other work items as required to complete the work in place. Item No. 13 Place 2 -inch Thick Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting for constructing 2 -inches thick of asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 14 Remove and Install New IRWD Water Valve Box and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new IRWD water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Remove and Install New OCWD Water Valve Box and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new OCWD water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Remove and Install New CNB Water Valve Box and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new CNB water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Adjust OCSD Manhole Frame and Cover: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing OCSD manhole frame and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 18 Replace CNB Manhole with New Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, installing new manhole frame and cover to Page 12 of 20 grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 19 Remove and Replace with New Survey Monument Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing monument box cover, temporarily lowering and/or covering the monument cover to facilitate paving operation, furnishing and installing a new monument box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 20 Replace Traffic Signal Detector Loops: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for installing traffic signal loops, and all other work items as required to complete the work in place. Item No. 21 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial 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 Page 13 of 20 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 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 111 -132 -PG 64-10 (20% max RAP). SECTION 214 - 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 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING Page 14 of 20 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks Y4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top Page 15 of 20 two (2) inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and other structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Pavement shall be temporarily striped and tabbed upon completion of pavement grinding operation within 24 hours. Pavement shall be temporarily striped and tabbed a second time after installation of AC leveling course within 24 hours. Finally, pavement shall be temporarily striped and tabbed a third time after installation of the final course within 24 hours. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines which shall be 0.90 mm minimum thickness. Page 16 of 20 If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-5 PAVEMENT MARKERS 314-5.1 General All Pavement markers shall comply with Section 82 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. 314-5.4 Placement Raised pavement markers shall not be placed until the finish course pavement has been in place for at least 15 days. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 — ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page 17 of 20 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message boards (CMBs), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page 18 of 20 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 5. 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 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 701 — CONSTRUCTION 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17.6 Detectors 701-17.6.3 Inductive Loop Detectors All installed loop detectors shall be completely functional to the satisfaction of the Engineer within 48 hours after placement of pavement finish course. PART 8 - LANDSCAPING AND IRRIGATION SECTION 801 - INSTALLATION 801-1 General The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall 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 Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Page 19 of 20 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. Root Barriers a. Root barriers shall be 3' deep and go along the entire curb back against concrete and soil interface. Trench shall be hand dug to prevent any damage to under ground utilities. Root barrier shall be Deep Root, Model U1336-2, 36 -inch deep by 2 feet wide interlocking panels or approved equal. Page 20 of 20 APPENDIX A - LAYOUT PLAN LOCATION 1 - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - ADJUST 2 MANHOLES TO GRADE - REPLACE 2 WATER VALVE COVERS AND ADJUST TO GRADE - REPLACE 12 TRAFFIC SIGNAL LOOPS - RESTRIPE TO MATCH EXISTING - CROSSWALK STRIPES SHALL EXTEND FULL WIDTH OF STREET - DAY WORK DURING SCHOOL HOLIDAY ONLY LOCATION 3 - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - REPLACE 2 WATER VALVE COVERS AND ADJUST TO GRADE - REPLACE 10 TRAFFIC SIGNAL LOOPS - RESTRIPE TO MATCH EXISTING - CROSSWALK STRIPES SHALL EXTEND FULL WIDTH OF STREET - 3500 SF DIGOUT MARKED IN FIELD - NIGHT WORK -- r BAYVIEW WAY tail LOCATION 2 - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - ADJUST 1 MANHOLE TO GRADE - REPLACE 2 ADVANCE TRAFFIC SIGNAL LOOPS - REPLACE NEW SURVEY MONUMENT COVER AND ADJUST TO GRADE - RESTRIPE TO MATCH EXISTING - DAY WORK LOCATION 4 - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - ADJUST 5 MANHOLES TO GRADE - REPLACE 5 WATER VALVE COVERS AND ADJUST TO GRADE - REPLACE 16 TRAFFIC SIGNAL LOOPS - RESTRIPE TO MATCH EXISTING - NIGHT WORK ------------- LOCATION 6 e� io SAN JOAQUIN HILLS RD J J I F �a' . LOCATION 5 - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - RESTRIPE TO MATCH EXISTING - DAY WORK - GRIND 3 -IN, LEVELING COURSE 1 -IN, OVERLAY 2 -IN ASPHALT CONCRETE - REMOVE AND REPLACE CONCRETE MEDIAN CURB - REMOVE AND REPLACE CONCRETE MAINTENANCE STRIP PRUNE TREE ROOT AND INSTALL ROOT BARRIER - REPLACE 2 ADVANCE TRAFFIC SIGNAL LOOPS - RESTRIPE TO MATCH EXISTING - DAY WORK `a Qapf L SJ/0'�9! BENJAMIN `rte DAVIS No. 82 3 CAUA�� C-7442-1 DRAWING NO. R -6091-S APPENDIX B - LOOP DETECTORS LIMIT LINE OR CROSSWALK PER PLAN CURB FACE v O O I ❑ 1 -OX i 2 -OX NOTES: 1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS SHALL BE 3'x6'. 2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK. 3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC). 4. SEE CITY STD -923 -L -B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL. 5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B. 6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES -5A AND ES -5B. 7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT. RECD APP. 1REVISEDCITYENGINEER DATE I DIR OF PUBLIC WORKS DATE ADOPTED CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DETAIL NO. LOOP DETECTORS 923 -L-A USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 of 2 / LLULNU: 1-oX DETECTOR INPUT FOR THROUGH PHASES 0 0 0 1-0Y DETECTOR INPUT FOR LEFT TURN o F- __0 m PHASES OXB BICYCLE LOOP DETECTOR INPUT __00 O I CALTRANS TYPE E LOOP DETECTOR O 3 -OX LEFT TURN MODIFIED CALTRANS TYPE E LOOP O LANE0 DETECTOR (LEAD LOOPS) THROUGH CALTRANS TYPE D LOOP DETECTOR LANES (3'x6') BIKE LANE o 1-0Y �I EDGE OF GUTTER CURB FACE v O O I ❑ 1 -OX i 2 -OX NOTES: 1. UNLESS OTHERWISE INDICATED TYPE E LOOPS SHALL BE 6' DIAMETER AND TYPE D LOOPS SHALL BE 3'x6'. 2. LOOPS SHALL BE CENTERED IN THE LANE UNLESS OTHERWISE SHOWN. PLACE LEAD LOOPS IMMEDIATELY IN ADVANCE OF LIMIT LINE OR CROSSWALK. 3. A MAXIMUM OF 4 LOOP DETECTORS SHALL BE ON 1 DETECTOR LEAD-IN CABLE (DLC). 4. SEE CITY STD -923 -L -B FOR CALTRANS MODIFIED TYPE E LOOP WINDING DETAIL. 5. LOOP WIRE SHALL BE TYPE 2. LOOP DETECTOR LEAD-IN CABLE (DLC) SHALL BE TYPE B. 6. LOOPS SHALL BE INSTALLED PER CALTRANS STANDARD PLAN ES -5A AND ES -5B. 7. LOOP SEALANT SHALL BE HOT -MELT RUBBERIZED ASPHALT SEALANT. RECD APP. 1REVISEDCITYENGINEER DATE I DIR OF PUBLIC WORKS DATE ADOPTED CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DETAIL NO. LOOP DETECTORS 923 -L-A USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET 1 of 2 Start TWISTED CLOCKWISE INTO A PAIR Finish _ (AT LEAST 2 TURNS PER FOOT) — WINDING DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) O Z J O w k-0 L ~ SAWCUT DETAIL MODIFIED TYPE E LOOP DETECTOR (NOT TO SCALE) RECD All. REVISED CITY ENGINEER DATE DIR OF PUBLIC WORKS DATE ADOPTED CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS LOOP DETECTORS STANDARD DETAIL NO. 923 -L -B USE WITH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SHEET oft U _X 2 O cli N CD (D C) N 04 O J I = Z U � M 1n U N d t0 O CO Z I li ' r U U S O N O i>:3 ca Y N O O 0 0 O O C r,- O O O t0 Lf (9 N r N N N j N n Q O U N in Q af° m pdZ3> N T Q N Z m 0 Q in C = O J LJJ W OEDCCU: (6 > >cu 3 a)o 0 Y n O U) -0 E ?" C:E m r m > U W F- N co 'T Lo O N O O O O M O 00 W) N C JOHN WAYNE AIRPORT CITY OF COSTA PSP CIRTY OF MESA F UPPER VINE F� NEWPORT o UNIVERSITY CD CDz �,915 � y ST o 17TH ST � BISON AVE >TH STS �R BOAl/ T,4 RD FREfw, T O -WEST NEWPORT CENTER SAN Bq-LBOA�LBOA' BALBOq �: NAND UIN O C IFQ cv pFNiNs� �q �gc�Fc cO�0ti�9� o q 4 Oc16-4/V �Fl Fys z OPROJECT LOCATIONS VICINITY MAP NOT TO SCALE STREET PAVEMENT REPAIR PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-7442-1 1 10/9/18