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HomeMy WebLinkAboutC-7682-1 - Concrete Replacement Program0�', �fII''0R'. F- a n C'9C/FpR��P March 31. 2022 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Dr. Colton, CA 92324 Subject: Concrete Replacement Program — C-7682-1 Dear Mr. Sotto: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAY newportbeachca.gov On September 8, 2020, 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 September 10, 2020, Reference No. 2020000480418. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is PB03081700432. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Bonze Number: PB03081700432 Executed in Duplicate Premium: $11,135.00 Premium is for the contract term and is EXHIBIT B subject to adjustment based on the final contract price CITY OF NEWPORT BEACH BOND NO. PB03081700432 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 11,135.00 , being at the rate of $ 2.5% for first $100,000 1.5% for next thousand of the Contract price. $400,000 and 1% for remaining $263,500 WHEREAS, the City of Newport Beach, State of California, has awarded to S&H CIVILWORKS hereinafter designated as the 'Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing no parking signs and traffic control; Removing trees, stump grinding root removal and grading removal area; Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter; Removing or pruning tree roots, grading, clearing and grubbing; Placing and compacting crushed miscellaneous base; Constructing new concrete sidewalk, driveways, access ramps, curb and gutter; Restoring private improvements including damaged bricks and synthetic turf; Installing grass turf as necessary to match existing; and, providing temporary access during construction 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 Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Three Thousand Five Hundred Dollars ($763,500.00) 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. S&H Civilworks _ 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 30th day of fanuary ,2020 . %%1111111 S&H Civilworks Name of Contractor (Principa Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone I%UW'' 7Yo es�TF!rs Aulhorized Signa re/Title 1 = c SEA015 _ = l Ogl2gl2 Q� :gCfFOQ� uthorized Agent Signature Christina Mountz, Attorney -In -Fact Print Name and Title S&H Civilworks Page B-2 8667 CALIFORNIA; ALL-PURPOS' CKNOWLEDGEMENT 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 Galitornia SS. County of San Bernardino On Janus 30, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Christina Mountz CYNTHIA J. YOUNG WIRY Public - California s 6m Bernardino County n i Commission N 2157044 Comm. Expires Jul 15, 2020 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE=handl seal. Sig re ofary Public t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:_ ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civilworks Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 07927 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liabiliiy, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous as such classes are now or nary hereafter be defined in the Insurance Laws of the State of California THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as .such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 14th day of October 1 2004 ,Ihave hereunto set my hand and caused my official seal to be affixed this 14th day of October , 2004 CJi John Fendi for Ida Zodrowy Asst. Chief Dept NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califo o rations C on after issuance of this Certificate of Authority Failure to do so will be a violation of Insurance C e ecction 701 end r grounds for revoking this Certificate of Authority pursuant to the oonvenane, made in the application therefor and the conditions contained herein. sosni ceo be AW o5P e. 'o ' e 5871 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jay P. Freeman, Cynthia J. Young, Laurie B. Druck and Christina Mountz ofAlliant Insurance Services, Inc., its true and lawful Attorney-in-fact with full authorityto execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in im amount not to exceed $50.000.000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2)to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. M TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATF. SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27 To DAY OF OCTOBER, 2017. (Seal) ......... Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Nota ry Publicp�a;a: residing at: (Notary Seal) My commission expires. Bala Cynwvd. PA September 25 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 276 day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the dare of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company this 114- day , TOjO . 4 % - Edward Sayago, Corporate Secretary F''- PHILADELPHIA INDEMNITY INSURANCE COMPANY November 16, 2020 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Dr. Colton, CA 92324 Subject: Concrete Replacement Program - C-7682-1 Dear Mr. Sotto: 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039Fnx newportheachca.gov On September 8, 2020 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 September 10, 2020, Reference No. 2020000480418. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB3081700432. Enclosed is the Labor & Materials Payment Bond. Sincerely, (� Leilani 1. Brown, MMC City Clerk Enclosure Boi.« Number: PT0308.1700432 Executed in Duplicate Premium included in charge for EXHIBIT A Performance Bond CITY OF NEWPORT BEACH BOND NO. PB03081700432 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H CIVILWORKS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing no parking signs and traffic control; Removing trees, stump grinding root removal and grading removal area; Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter; Removing or pruning tree roots, grading, clearing and grubbing; Placing and compacting crushed miscellaneous base; Constructing new concrete sidewalk, driveways, access ramps, curb and gutter; Restoring private improvements including damaged bricks and synthetic turf; Installing grass turf as necessary to match existing; and, providing temporary access during construction 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, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Three Thousand Five Hundred Dollars ($763,500.00) 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 S&H Civilworks v 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 30th day of January 2020 . S&H Civilworks Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave.,Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone AuMprifed Signat re itle authorized Agent Signature Christina Mountz, Attorney -In -Pact Print Name and Title S&H Civilworks Page A-2 8667 CALIFORNIA; ALL-PURPOS' ',CKNOWLEDGEMENT 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. rare OT Laurorrna SS. County of San Bernardino On January 30, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Christina Mountz Names) of Signer(s) ------------------- CYNTHIA J. YOUNG Notary Public - California z San Bernardino County Commission N 2157044 '^ MComt 1 free JW 15, 2020 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 signator¢ of Notary Public I i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civilworks Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMFN i' A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 07927 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CEKTIFY THA7' Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania „subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certifucaie, the following classes of insurance; Fire, Marine, Surety, Plate Class, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Caws of the State of California. THIS CERTIFICATF is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made ender authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the t4th _ day of._ October 2004 , 1 have hereunto set my hand anti caused my offirial seal to be aged this ----L4 t h ___ __ _ toy q October2004 By John for Ida 2odrow-l9 at Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required blithe Calforor oentioni C oml atter issuance of this Certificate of Authority. Failure to do so will be a violation of IeuranCoe ecuon 701 and w. gromtds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. roam CBz esp.. awns, 5872 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS 13Y'I'HESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE. COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pcmnsylvania, docs hereby constihde and appoint Jay P. Freeman, Cynthia J. Young, Laurie B. Druck and Christina Mountz ofAllinnt Insurance Services, Inc., its true and lawful Attorney-in-fact with till authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its hnSlneas and to bind file Company thereby, in an amount not to exceed 550100000.00. 'Phis Power of Attorney is granted and is signed and sealed by f'acsinhile under and by the authority, of the following Resolution adopted by the Board of Directors of PI-IILADF:LPI IIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attonhcy(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) (a remove, atay time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers wild the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by thesimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED "IVIS INSTRUMENT"1.0 131; SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY TI'S AIII If0121LFD OFFICE THIS 27"' DAY OF OCI'OBE12, 2017. 71i d s,; -I,— Robert , Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27"' day of October, 2017, before me came the individual who executed the preceding instrument, to nee personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PIIILADELPIIIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instmmenl is the Corporate seal of said Company; that the said Corporate Seal and his signature were duty affixed. rnuuoxwr rr w so1h4416Ea1 ;vo a: ;.w rwi?:.yie�iy Notary Public: 0--=,! ft— tq ntl v[4[S4tr�, p. i&LFP residing at. (Notary Seal) My commission expires'. Bala C iv twvd. PA Scntcmber 25 21121 1, Edward Sayago, Corporate Secretary of PHILAIIELPI-IIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of' tile Board of Directors and the Power of Attorney issued pursuant thereto on the 27"' day of October, 2017 are muc and correct and arc still in full lixcc and effect. I do Ibnher certify that Robert 1) O'Leary Jr., who executed [lie Power of Atmoncy is President, was on the date olbxecution of the attached Power of Attorney the duly elected President of PI I ILADEI-PIIIA INDF.MNI'IT INSURANCE COMPANY. u In Testimony Whereof I have subscribed my name and affixed the facsimile seal oYeach Company this dry ol'—„i__,, 20 _ �t I Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE CONIPANY Batch 7486721 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 IIIIIIIIIIIIIIIIIIIIIIIIIIII'Illllll11l11Jllllllllllllllllllllllll1l1111 NO FEE «$ R 0 0 1 2 0 1 8 8 3 2$« 202000048041810:41 am 09110120 90 NCP11 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 Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks, Colton, California, as Contractor, entered into a Contract on February 11, 2020. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-7682-1 Work on said Contract was completed, and was found to be acceptable on SSe tember 8. 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. C17 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 WK/ at Newport Beach, California. m littps:Hgs.secure-recording.com/Batcli/Confirmation/7486721 09/10/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks, Colton, California, as Contractor, entered into a Contract on February 11, 2020. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-7682-1 Work on said Contract was completed, and was found to be acceptable on September 8, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. LOW 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��. {4/! V at Newport Beach, California. go CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 24th day of October, 2019, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM Proiect No. 20R06 Contract No. 7682-1 $700,000 Engineer's Estimate Approved by X�W/� James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19' Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" or "C-8" For further information, call Ben Davis, Proiect Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 7034774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the Califomia 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 4 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 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 Contractor's License No. & Classification Auth rized Signature/Title Ibo(7)3L4u6o 10%231 DIR Registration Number & Expiration Date Date S�t4- U �� u�vv tzKS Bidder 5 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 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 CONCRETE REPLACEMENT PROGRAM, Contract No. 7682-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23rd day of October , 2019. SBH Civilworks Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone A orized Signature/Title 7 ' thorized Ag t Si ture Cynthia J. Young, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino ) On _October 23. 2019 before me Name and Title of Officer (e.g., "Jane Doe, personally appeared Cynthia J. . Yo_ ung Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. LAURIE B. DRUCI( z I certify under PENALTY OF PERJURY under the laws of Notary Public - California, the State of California that the foregoing paragraph is Z , San Bernardino County z true and correct. Z ° Commission # 2156851 My Comm Expires Jul 14, 2020 WITNESS my hand and official seal. z Signature or Notary Pu is OPT/O(AL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- a Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 07927 SAN FRANCISCO Amended Certificate of Authority 4 N THIS IS TO CERTIFY THAT Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania organized under the lacus of Pennsylvania subject to its Articles oflncorporation or other fundamental organizatiotkal documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liabiliiy, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is e�Lpressly conditioned upon tike holder hereof now and hereafter being in full compliance with all, and nqt in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WEEREOF, effective as of the 14th day of October 2004 , Ihave hereunto set my hand and caused my official seal to be affixed this 14th day of October , 2004 By John Gar-*r for Ida Zodrow-'A NOTICE: Asst. Chief Depu Qualification with the Secretary of State must be accomplished as rewired by the Catifort ' or orations C < after issuance of this Certificate of Authority. Failure, to do so will be a violation of insurance C e ectton 701 and w. grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CB -3 a�Y'<•1 OSP 00 3939 1 P. 011 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jay P. Freeman, Cynthia J. Young, Laurie B. Druck, Christina Mountz and Cynthia J. Russell of Alliant Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 550,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ih of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27 T" DAY OF OCTOBER, 2017. Till), ii q ,�,pjce'.rL�tt7s • Y i .,,�H •• .... •• AZ't v 41 (Seal) " Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 270' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. NOpJi4ll SUt Nota Public uu ta"e.uetgn i"p,u cowry ry sheon,m;uane.ata�s: ".is,arzi residing at: (Notary Seal) My commission expires: Bala Cynwyd. September 25.202125.2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27h day of October, 2017 are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name rmd affixed the lacsimile seal of each Colllpany thi02 day�lS� , 20 �l Edward Sayago, Corporate Secretary <r'•:`'�ttt. " . x'• City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Bidder R 7 V T, LC I I Author d Signature(fitle City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name S2. 0 G I V Gov)zf:�S 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/NumberGI t'"1 wtdt? P4YKW" t`(GttV►;-�{�t4Y1Com-. Project Description r� ii1GVt? �� Lit Y� S f [X�G�x•� `�6 ot WIeU Q't/ B A Approximate Construction Dates: From (2 �, To: I'Q_Z1 I Agency Name 1:[11 U -f C -0S 'fid.- M esu Contact Person 5�1 V ALQU?V1J0 Telephone (flL 7 -SOI S Original Contract Amount $ .q VM Final Contract Amount $ 3 •b ice( If final amount is different from original, please explain (change orders, extra work, etc.) Cwt '� Q a d e 4 • w�>V 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. I we No. 2 �Project Name/Number r u n ! n� CoG w hJ Project Description _60v I If5ia,ul lt.e.(1G Approximate Construction Dates: From 61 l Agency Name ill- kIPJ-\ To.- Contact o: Contact Person Telephone Original Contract Amount $ .0M Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) ujc-5 IM,UYip— 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 k n Ca 5.t4 OA- C , _ /! �r Project Name/Number V l � (� C.� Project Description S' Vt�c cYe cLh G't� I SOA 2 sl &aaq -- Approximate Construction Dates: From _ To:_T� Agency Name V, Contact Person Ke P1, vot'w -Telephone( Original Contract Amount $ Ie- Final Contract Amount $ - p If final amount is different from original, please explain (change orders, extra work, etc.) tj vv V -- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 r P&A No. 4 Project Name/Number Project Descriptionp(wOT I Approximate Construction Dates: From To: 2/t 1 Agency Name Contact Person T� OW 0S Telephone (� d 35g- r r1 J'p Original Contract Amount $ 1, %M Final Contract Amount $ r� • II Jul 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 Project Description Approximate Construction Dates: From I I )-f-)C To Agency Name 411- u i Naw;p z) yt & cc-,� Contact Person EX V �1j� 1/1--S Telephone 3 Original Contract Amount $"Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 7V(�cl 'i t Project Name/Number Project Description Approximate Construction Dates: From 2 QZ la To: 6J Agency Name Contact Person ��G( (1 JUJ Y::ti 0-1 Telephone (t T Original Contract Amount $-� inal Contract Amount $ bg - If final amount is different from original, please explain (change orders, extra work, etc.) to 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. V/ A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. (SLI4 GGvillvor.;s 1-1r. Aaas0eA-r Bidder Auth rized Signature/Title 13 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 NON -COLLUSION AFFIDAVIT State of California ) County ofy7C► J e55 S°AAD being first dulX sworn deposes and says that he or she is re S ► d k In of 59. V Ir I � Rk VIGs , 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 Stat Ca ' rnia that the foregoing is true and correct. R {-� CAvlI(AJ oVAS , Bidder Auth ized Signature/Title Subscribed and sworn to (or affirmed) before me on this—,day of r 2019 by XaSS .C�V�%C1 , proved to me on the basis of satisfactory evidence to be the person($) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. � JASPREET KAUR Notary Public/ � COMM. #2250547 „ [SEAL] NOTARY PUBLIC - CALIFORNIA 'Mn SAN BERNARDINO COUNTY My Commission Expires:tca�� My Comm. Expires Aug. 16, 2022 14 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Proiect No. 20R06 Contract No. 7682-1 DESIGNATION OF SURETIES Bidder's name 5D� G v t I w 001 - 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): -Evt SUV a v) c G o II O,Ot �Z-/Ist-tyavice CUA "199-M Y 14 Cr i1 rill kii o Cr) U� --- 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Proiect No. 20R06 Contract No. 7682-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name J z ' l Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts 3 5 Total dollar Amount of � M D94 3.5 .2- AA Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases �d No. of lost workday cases v� C� involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder 59 E1 (, V 1k w.Aj0 Business Address: j v61 ( I Ifvr� D Business Tel. No.: ( 0 �J �Z6 State Contractor's License No. and Classification: DO(�q D C L/&L � Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 Acknowledgement A notary public or other officer completing, this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On October 23, 2019, before me, Jaspreet Kaur, Notary Public, personally appeared Jess Sotto who proved to me on the basis of satisfactory evidence to be the person � whose name f- is/ safe subscribed to the within instrument and acknowledged to me that he/s,4@ - executed the same in his/lam-tom authorized capacity (ie -s-, and that by his/I k$iir signature 0) on the instrument the person (X), or the entity upon behalf of which the persons 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. JASPREET KAUR COMM. #22505.47 m NOTARY PUBLIC -CALIFORNIA m cr SAH BERNARDINO COUNTY My Comm. Expires Aug. 16, 2022 (Signature) (seal) City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name �3 gz i� (fA V I I UjUr-k-'-s The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Datv Received re City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 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: Business Address: I c&O tktt"kZP �� � C -A Telephone and Fax Number: NOC12 20 ( 119 ( MDI) qJg gaZj California State Contractor's License No. and Class:_ Do 96L/D LtAs $/ A � (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 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: Qess5 5��b 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 Jsc<q- 5Y.Ab f f VQ , kKi l'Gu 1 1-� t 11(�t 04 Co t A-bvt C-P� -�T 14 737 So cl oct GSP �/VYlG51�� 1 a V • �D`� Hooki DL S th4 et VAIGf:� (Is/) y16�rS8� Corporation organized under the laws of the State of Cet, tt fbkVYtC,- The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; IL)/&- Have you ever had a contract terminated by the owner/agency? If so, explain. P IA - Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 20 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. (Prin name of Owner or President of Corporation/Company) ' �o Gy l w o t 5 c" SoI d res d �_e�`T_ Bidder A orized Signature/Title RQSi Anotary p Ncorother offimcornplefingthis certificate Title verifies only the identity of #* individual who signed the doanent to Vkh this certificate is attached, and not (� / '7 3/10) the tnAMutness, aw rM, or vaiddy of that doaenent. ` / G— Date On .7 before me, Notary Public, personally appeared a _S�OE_L who proved to me on the basis of satisfactory evidence to be the persono) whose name() is/awsubscribed to the within instrument and acknowledged to me that he/sheA44@,�A executed the same in his/heFAh r authorized capacity(ies&), and that by his/her/ttrcir signature(,a'/ on the instrument the person($), or the entity upon behalf of which the person(ol 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. "JaA t kq,"L� (SEAL) Notary#Public in and for said State I @ JA�P REET KAUR My Commission Expires9V_)' COMM. #2250547 „ • NOTARY PUBLIC -CALIFORNIA m SAN BERNARDINO COUNTY My Comm. Expires Aug. 16, 2022 21 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Project No. 20R06 Contract No. 7682-1 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 CONCRETE REPLACEMENT PROGRAM CONTRACT NO. 7682-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of February, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and S&H CIVILWORKS, a California corporation ("Contractor"), whose address is 1801 Hilltop Dr. Colton, CA 92324, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing no parking signs and traffic control; Removing trees, stump grinding root removal and grading removal area; Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter; Removing or pruning tree roots, grading, clearing and grubbing; Placing and compacting crushed miscellaneous base; Constructing new concrete sidewalk, driveways, access ramps, curb and gutter; Restoring private improvements including damaged bricks and synthetic turf; Installing grass turf as necessary to match existing; and, providing temporary access during construction (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. 7682-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seven Hundred Sixty Three Thousand Five Hundred Dollars and 00/100 ($763,500.00). 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 Jesse Sotto to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 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. S&H Civilworks 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: Jesse Sotto S&H Civilworks S&H Civilworks Page 3 1801 Hilltop Dr. Colton, CA 92324 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are 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. S&H Civilworks 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 S&H Civilworks 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (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. S&H Civilworks Page 6 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. S&H Civilworks Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. 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. S&H Civilworks Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] S&H Civilworks Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: c� Z 2- CD CITY OF NEWPORT BEACH, a California municipal corporation Date: Z/-///Zoza By: �) LB y -. —" ': Aaron C. Harp Will O'Neill City Attorney �_� Mayor ATTEST: Date: a ,dUX By: &,V,- Leilani I. Brown City Clerk 0-c,FoR7.00 CONTRACTOR: S&H CIVILWORKS , a California corporation Date: Signed in Counterpart Jesse Canilo Sotto Chief Executive Officer Date: Signed in Counterpart By: Jose Leoncio Hermosillo Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements S&H Civilworks Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I //o /2o20 By.- Aaron y:Aaron C. Harp p City Attorney- p� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: S&H CIVILWORKS , a California corporation Date: 2 - 13 - Zv Ow�—.Jlk— JesA Canilo Sotto Chief Executive Officer Date: Z - 1 3 'Z-0 'grAcr2� ee�� Jose Leoncio Hermosillo Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements S&H Civilworks Page 10 Bond Number: PT03081700432 Executed in Duplicate Premium included in charge for EXHIBIT A Performance Bond CITY OF NEWPORT BEACH BOND NO. PB03081700432 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to S&H CIVILWORKS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing no parking signs and traffic control; Removing trees, stump grinding root removal and grading removal area;. Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter; Removing or pruning tree roots, grading, clearing and grubbing; Placing and compacting crushed miscellaneous base; Constructing new concrete sidewalk, driveways, access ramps, curb and gutter; Restoring private improvements including damaged bricks and synthetic turf; Installing grass turf as necessary to match existing; and, providing temporary access during construction 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, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Three Thousand Five Hundred Dollars ($763,500.00) 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 S&H Civilworks 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 30th day of January , 2020 . S&H Civilworks Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave.,Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone Aut rized Signat re itle�� o uthorized Agent Signature Christina Mountz, Attorney -In -Fact Print Name and Title S&H Civilworks Page A-2 8667 CALIFORNIA; ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino ) On January 30, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Christina Mountz CYNTHIA J. YOUNG Notary Public - California ZSan Bernardino County Commission 2157044 aE>t I - Jul 15, 202- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE ,}ny hand and official seal Signr of N a Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact 0 Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civilworks Page A-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verges only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-4 STATE OF CALIFORNIA DEPARTMENT OF, INSURANCE NQ 07927 SAN FRANCISCO Amended Certificate of Authority I THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company �f Of Bala CyniSyd, Pennsylvania organized under the laws of Pennsylvania subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance; Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprink]er, Automobile, and Miscellaneous as such classes are now or may, hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is ei-pressly conditioned upon the holder hereof now and hereafter being in fidl compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 14th day of October 2004 , I have hereunto set my hand and caused my official seal to be affixed this 14th day of October , 2004 WA John G,ar--a.ptendi for Ida Zodrow-'5 Asst. Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the Cal ifo or orations omp after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code ectEn 7Q1 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM CB -3 :� OSP 00 39391 5872 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint Jay P. Freeman, Cynthia J. Young, Laurie B. Druck and Christina Mountz of Alliant Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000.000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14°i of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Tn DAY OF OCTOBER, 2017. f% (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 271 day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMO VE LTH Of N 1 "I 11SEAL Ma "..,.p ..,.pp.PoWaryPWre Notary Public: Lown floa iwp..MpnlgomIM W21 'J Af, i SWIM 7031 o'ewE vgRve3' f 51 residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execL7tion of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. `{�L In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this OGO 4 da of 120 C90. s� 19274: A;- q Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY •. �. .... -••Lap;.. Executed in Duplicate EXHIBIT B Bond Number: PB03081700432 Premium: $11,135.00 Premium is for the contract term and is subject to adjustment based on the final contract price CITY OF NEWPORT BEACH BOND NO. PB03081700432 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 11,135.00 , being at the rate of $ 2.5% for first $100,000 1.5% for next thousand of the Contract price. $400,000 and 1% for remaining $263,500 WHEREAS, the City of Newport Beach, State of California, has awarded to S&H CIVILWORKS hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of the following: Distributing door hanger notifications; Placing no parking signs and traffic control; Removing trees, stump grinding root removal and grading removal area; Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter; Removing or pruning tree roots, grading, clearing and grubbing; Placing and compacting crushed miscellaneous base; Constructing new concrete sidewalk, driveways, access ramps, curb and gutter; Restoring private improvements including damaged bricks and synthetic turf; Installing grass turf as necessary to match existing; and, providing temporary access during construction 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 Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Seven Hundred Sixty Three Thousand Five Hundred Dollars ($763,500.00) 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. S&H Civilworks 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 30th day of fanuar� ,2020 . %j111I,,J S&H Civilworks Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone � �`` ;•D�pU�TF'�CS� L Au orized Signa ure/Title .-141 FO'�Z*? uthorized Agent Signature Christina Mountz, Attorney -In -Fact Print Name and Title S&H Civilworks Page B-2 8667 CALIFORNIA; ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino ) On January 30, 2020 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Christina Mountz Name(s) of Signer(s) P� who proved to me on the basis of satisfactory evidence CYNTHIA J. YOUNG Notary Public - California to be the person whose name is subscribed to the San Bernardino CountyIrw v within instrument and acknowledged to me that she g Commission 40 2157044 executed the same in her authorized capacity, --My Comm. Expires Jul 15, 20201 and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE 'my hand and offi ial seal. -eCil? Sig re ofary Public L OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: General Number of Pages: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S&H Civilworks Page B-3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss' On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page B-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 07927 SAN FRANCISCO Amended Certificate of Authority I THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company �f of Bala Cynwyd, Pennsylvania organized under the laws of Pennsylvania subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificaie, the following classes of insurance: Fire, Marine, Surety, Plate Class, Liability, Boiler and Machinery, Burglary, SprinkJ~er, Automobile, and Miscellaneous as such classes are now or may, hereafter- be defined in the Insurance haws of the State of California. THIS CERTIFICATE is expressly conditioned [upon the holder hereof now and hereafter being in hill compliance with all, and not in violation of any, of the applicable laws and lawful requirements made ander authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 14th day of October , 2004 I have hereunto set my hand and caused my official seal to be affixed this 14th day of October 2004 UA John Garnendi for Ida Zodrow �y Asst. Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califo orporations C omp after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code ection 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FO%),l CB -3 :� OSP 00 39397 5871 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jay P. Freeman, Cynthia J. Young, Laurie B. Druck and Christina Mountz of Alliant Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so execrated and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27T" DAY OF OCTOBER, 2017. ,14£a%N i'r z „ ^. Edward Sayago, Corporate Secretary .w 4�Fj�, PHILADELPHIA INDEMNITY INSURANCE COMPANY i.���'4• Y � �'u�A-w"y"Ytisus.'�� �. � ,kil��`, ° (Seal) ..,.,.f. . Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27°i day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONA L OF N V NOTM419EA� Ma.�sn KnWOAblary PuOie Notary Public: Lows Morlon fw0..Manlgoen21 Aty commiuionE.pns Sm1.25 . 20 2021 lEdiC lnRRNWWa;SOCN - 1 residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 270' day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day 20 j ^. Edward Sayago, Corporate Secretary ':`?^sA'`•;Prs;t:. h''•��o a PHILADELPHIA INDEMNITY INSURANCE COMPANY 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two S&H Civilworks Page C-1 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 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions.- A. rovisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. S&H Civilworks Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. S&H Civilworks Page C-3 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 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. S&H Civilworks Page C-4 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. S&H Civilworks Page C-5 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Proiect No. 20R06 Contract No. 7682-1 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. 7682-1 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: I D/23/r,q Date Bidder (OIL4) o')� l g 1 C�v�� ����oZ� Bidder's Telephone and Fax Numbers Bidder's uthorized Signature and Title I 00g(9 YD I (b v ( H1 (rbc O2 (,DLFUJ Bidder's License No(s). Bidder's Address and Classifications) l a)[)03WG� DIR Registration Number Bidder's email address: 2543�_,(� Srn P1 dd t GI V1110 aV14. (-,�yx'1 NM City of Newport Beach Page 1 CONCRETE REPLACEMENT PROGRAM 20806 (C-7682-1), bidding on October 24, 2019 10:00 AM (Pacific) Printed 10/24/2019 Bid Results Bidder Details Vendor Name S&H Civilworks Address 1801 Hilltop Drive Colton, CA 92324 United States Respondee Jesse Sotto Respondee Title President Phone 909-206-1181 Ext. Email jesse@sandhcivilworks.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted October 24, 2019 8:45:10 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 193703 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Proposal S&HC Proposal.pdf General Attachment Bid Bond Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Concrete Replacement Program 20R06 C-7682-1 1 Mobilization LS 1 $20,000.00 $20,000.00 2 Surveying Services LS 1 $10,000.00 $10,000.00 3 Traffic Control LS 1 $20,000.00 $20,000.00 4 Grading, Clearing and Grubbing on Irvine Ave. LS 1 $7,500.00 $7,500.00 5 Remove & Construct 4 -Inch Thick Concrete Sidewalk SF 40000 $7.50 $300,000.00 l"!a1)etI Id, IIIc. City of Newport Beach Page 2 CONCRETE REPLACEMENT PROGRAM 20R06 (C-7682-1), bidding on October 24, 2019 10:00 AM (Pacific) Printed 10/24/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove & Construct Type "A" Concrete Curb & Gutter LF 1700 $50.00 $85,000.00 7 Remove & Construct 6 -Inch Concrete Driveway Approach SF 8500 $15.00 $127,500.00 8 Remove & Construct Concrete Access Ramp EA 18 $4,500.00 $81,000.00 9 Prune Tree Roots LS 1 $20,000.00 $20,000.00 10 Tree Removal, Stump Grinding and Parkway Restoration EA 30 $1,500.00 $45,000.00 11 Provide ISA Certified Arborist LS 1 $10,000.00 $10,000.00 12 Remove & Replace Utility Pull Boxes & Covers EA 35 $500.00 $17,500.00 13 Restore Public and Private Improvements LS 1 $10,000.00 $10,000.00 14 Construct Decorative Brick LS 1 $5,000.00 $5,000.00 15 Construct 8 -Inch Type "B" Concrete Curb LF 100 $50.00 $5,000.00 Subtotal $763,500.00 Total $763,500.00 Subcontractors Name & Address Description License Num CADIR Amount Type 11Ianeibi cj-.Inc. Pg. 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CONCRETE REPLACEMENT PROGRAM PROJECT NO. 20806 CONTRACT NO 7682-1 J DATE: iD � ! BY: G De uty PWD/City Engineer TO: ALL PLANHOLDERS V The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. CONTRACT: 1. Replace Bidder's Bond p. 6 with the attachment. 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. S9,(4 G.VII�s Bidder's Name (Please Print) 10/2 Date -� Auth'4rized Signature & Title Attachments: - Bidder's Bond, p. 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE REPLACMENT PROGRAM PROJECT NO. 20R06 CONTRACT NO. 7682-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 4 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 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 12 PART 2 - CONSTRUCTION MATERIALS 12 SECTION 200 — ROCK MATERIALS 12 200-2 UNTREATED BASE MATERIALS 12 200-2.1 General 12 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 13 201-1 PORTLAND CEMENT CONCRETE 13 201-1.1 Requirements 13 201-1.1.2 Concrete Specified by Class and Alternate Class 13 201-2 REINFORCEMENT FOR CONCRETE 13 201-2.2 Steel Reinforcement 13 201-2.2.1 Reinforcing Steel 13 SECTION 203 — BITUMINOUS MATERIALS 13 203-6 ASPHALT CONCRETE 13 203-6.5 Type III Asphalt Concrete Mixtures 13 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 13 214-4 PAINT FOR STRIPING AND MARKINGS 13 214-4.1 General 13 214-6 PAVEMENT MARKERS 13 214-6.3 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 14 215-1 TRAFFIC SIGNS 14 PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 300-1.3.2 Requirements 15 SECTION 302 - ROADWAY SURFACING 15 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 15 302-6.7 Traffic and Use Provisions 15 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 15 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303-5.1 Requirements 16 303-5.1.1 General 16 303-5.5 Finishing 16 303-5.5.2 Curb 16 303-5.5.4 Gutter 16 SECTION 315 -TRAFFIC SIGN INSTALLATION 16 PART 6 — TEMPORARY TRAFFIC CONTROL 16 SECTION 600 - ACCESS 17 600-1 GENERAL 17 600-2 VEHICULAR ACCESS 17 600-3 PEDESTRIAN ACCESS 17 SECTION 601— WORK AREA TRAFFIC CONTROL 17 601-1 GENERAL 17 601-2 TRAFFIC CONTROL PLAN (TCP) 18 PARTS — LANDSCAPING AND IRRIGATION 19 SECTION 800 - MATERIALS 19 800-1 LANDSCAPING MATERIALS 19 800-1.1 Topsoil 19 800-1.1.1 General 19 SECTION 801 - INSTALLATION 19 801-1 GENERAL 19 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONCRETE REPLACEMENT PROGRAM PROJECT NO. 20R06 CONTRACT NO. 7682-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6070-S); (3) the City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www. newportbeachca.gov/govern ment/departments/pu blic-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). 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 Pagel of 20 At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-8" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of the following: • Distributing door hanger notifications • Placing no parking signs and traffic control • Removing trees, stump grinding root removal and grading removal area • Saw cutting concrete sidewalk, driveways, access ramps, curb and gutter • Removing or pruning tree roots, grading, clearing and grubbing • Placing and compacting crushed miscellaneous base • Constructing new concrete sidewalk, driveways, access ramps, curb and gutter • Restoring private improvements including damaged bricks and synthetic turf • Installing grass turf as necessary to match existing • Providing temporary access during construction 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Page 2 of 20 Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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. Page 3 of 20 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting 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 Page 4 of 20 replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Special scheduling is required for all work that will impact streets next to or adjacent to the schools in the project area. The schools are Harbor View Elementary School, Newport Coast Elementary School and Newport Harbor High School. Work on school streets must be scheduled during school holidays per the Newport Mesa School Calendar (2019-2020) between February 17 to 21 or April 6 to 10. No compensation will be made for remobilization costs to complete the work during these scheduled school recesses. Page 5 of 20 Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide written documentation indicating tree root pruning can be performed without future tree damage. The report provided shall be used to determine the trees requiring arborist inspection, as indicated in the Arborist Tree Report summary. Concrete work around selected trees shall be scheduled with the Arborist for review during concrete removal to finish inspection before root pruning. The arborist cannot provide an explicit recommendation or requests tree removal. The Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. Prior to work near trees, the Contractor and Arborist shall arrange to meet with the City's Arborist, Mr. Kevin Pekar at (949) 644-3197 at the site to discuss City standards and requirements at these locations. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 90 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) Page 6 of 20 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work 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 $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES Page 7 of 20 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. 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) 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. Page 8 of 20 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. 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 Page 9 of 20 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, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, 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 (4) CMS and updating messages on the CMS 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 Grading, Clearing and Grubbing on Irvine Ave.: Work under this item shall include, but not limited to, all labor and materials relating to grading and clearing and grubbing as required to construct the improvements as shown in the plans to match the finish surface and all other work items as required to complete the work in place. Item No. 5 Remove and Construct 4 -Inch Thick Concrete Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick minimum concrete sidewalk per CNB STD -180, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements and all other work items as required to complete the work in place. Item No. 6 Remove and Construct Type "A" Concrete Curb and Gutter: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, Page 10 of 20 reconstructing curb openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB STD -182, 24" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct 6 -Inch Concrete Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164, 12" wide x 12" deep A.C. patch back, steel plating, and all other work items as required to complete the work in place. Item No. 8 Remove and Construct Concrete Access Ramps: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete sidewalk, curb and gutter, removing any roots, grading and compacting subgrade, removing asphalt slot next to gutter, constructing concrete access ramps per STD 181 Sheet 1 to 3, paving asphalt slot patch, restoring all existing improvements damaged by the work, modifying landscape and irrigation to match limits of new ramp, and all other work items as required to complete the work in place. Item No. 9 Prune Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308-1, removing and disposing of excess soil, reviewing trees identified on the Work Schedule by ISA Certified Arborist, and all other work required to complete the work in place. This shall include all work for clearing and grubbing roots that are found in all concrete replacement areas. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 10 Tree Removal, Stump Grinding and Parkway Restoration: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of trees, roots to a minimum depth of 18 -inches below ground surface by stump grinding, and soil; adjusting surface grade to match adjacent improvements and include complete grading of parkway to level with sidewalk for entire length of parkway; removing all wood chips and debris from tree removal process, making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod, and other private improvements to preconstruction conditions; restoring the ground surface to a new level surface that matches surrounding area and all other work items as required to complete the work in place. Assume trunk size of 24 inch diameter at breast height. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Omission of this payment item in part or in its entirety shall not result in any compensation. Page 11 of 20 Item No. 11 Provide ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for all locations identified on the WORK SCHEDULE. The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Item No. 12 Remove and Replace Utility Boxes and Covers: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing utility box; furnishing and installing new utility box and cover per CNB STD -204-L or 205-L; and per CNB STD -502-L or STD -503-L for water meters, reconnecting existing wirings; restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Work under this item shall include coordination with Cable Television and Telephone companies including requesting new boxes from cable or telephone companies when required and repairing concrete around utility boxes. Location of utility box and cover removals and construction shall be directed by the Engineer during construction. Item No. 13 Restore Public and Private Improvements: Work under this item shall include, but not limited to, all labor and materials relating to making in-kind repairs to public and private improvements impacted by the work, such as traffic signs, irrigation systems, sprinkler heads, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, seeding, 90 day plant establishment phase, synthetic turf, including replacing synthetic turf, modifying synthetic turf base, joining synthetic turf panels, painting red curb and other private improvements to preconstruction conditions or better to the satisfaction of the Engineer, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. Page 12 of 20 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -132 -PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. Page 13 of 20 214-6.3 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. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS 215-1 TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 % inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate Page 14 of 20 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, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. All saw -cutting operations must be done in a clean manner with wet vacuum and cleaned before sawcutting paste and debris dries. Contractor is responsible for cleaning all residue and debris from the sawcutting operation on the same day of saw -cutting. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Page 15 of 20 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patch back shall be placed within 72 hours following concrete placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry", Product Code 181 manufactured by American Traffic Products, Inc. or approved equal. Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924-L for typical sign installation. PART 6 - TEMPORARY TRAFFIC CONTROL Page 16 of 20 SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. 601-1 GENERAL SECTION 601 — WORK AREA TRAFFIC CONTROL Page 17 of 20 The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message signs (CMS), 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 CMS 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 be responsible for processing and obtaining approval of a traffic control plans from the Engineer. 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: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. Page 18 of 20 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 8. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. 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 Arborist at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut Page 19 of 20 a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruninq a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period shall be for a period of (90) calendar days. Page 20 of 20 APPENDIX A - STANDARD DETAILS %" EXPANSION JOINT MATERIAL X -?A X - ° 8. % MAX SLOPE TYP ° ° x ° BACK OF CURB ° o ° ° ° ° ° ° ° uj a° ao d SIDEWALK 36 N N d I ° d ° a d EXISTING JOINT FLOWLINE TOP OF CURB EDGE OF GUTTER PLAN REMOVE AND REPLACE IF 5' OR LESS (TYP) CURB OPENING R X APPROACH BOTTOM (W) X I SEE NOTE 4 TOP OF CURB I TOP OF CURB Y2" FLOWLINE FULL HEIGHT CF ELEVATION R 1' MIN VARIES 4' MIN -! " LIP 2% MAX SLOPE - EXISTING DRIVE ----------- ---- 6" PCC 1' WIDEEP DE BY 1' AC PATCH BACK EXISTING AC COMPACTED NATIVE SOIL SECTION A -A NOTES: 1. WHEN REMOVING EXISTING SIDEWALK AND CURB AND GUTTER, SAWCUT AND REMOVE TO NEAREST EXISTING JOINT WITHIN 5 FEET BEYOND CURB OPENING. 2. CONCRETE SHALL BE 560-C-3250. 3. "W" SHALL BE MINIMUM OF 10 FEET AND A MAXIMUM OF 20 FEET EXCEPT IN THE CASE OF THREE CAR GARAGE WHERE "W" MAY EQUAL 25 FEET OR 32 FEET FOR A 4 CAR GARAGE. 4. "W" SHALL BE CENTERED WITH GARAGE OPENING. APP. CITY ENGINEER RCE DATE TO -7 DATE DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS DRAWN: P. KHARAZMI STANDARD DRAWING NO. RESIDENTIAL DRIVEWAY APPROACH TYPE III 164 DATE: 2/28/2019 SHEET 1 OF 1 APP. R 10' TYPICAL PARKWAY 4' MIN SIDEWALK SEE NOTE 3 2% MAX -� 4" MIN PCC ° COMPACTED NATIVE SOIL TYPICAL SECTION WEAKENED PLANE JOINTS 1" SAWED, QUICK—JOINT OR EQUAL " EXPANSION i JOINT MATERIAL (NP) PLANTING OR CONCRETE WALK WEAKENED PLANE JOINTS & EXPANSION JOINTS CITY ENGINEER RCE DATE I NO. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 10' OR 1 VARIES DRAWN: P. KHARAZMI NOTES: " EXPANSION 1. R=25' FOR COMMUTER STREETS I e ° JOINT MATERIAL (TYP) AND 35' FOR ARTERIAL STREETS DATE: 019 UNLESS OTHERWISE SPECIFIED. 2. CONCRETE SHALL BE 560—C-3250. A/3 d SHEET 1 OF 1 3. LANDSCAPE PARKWAY WITH STREET 0/3 TREES REQUIRED WHEN DISTANCE A/3 FROM CURB FACE TO PROPERTY LINE EXCEEDS 6' IN RESIDENTIAL AREAS. EDGE OF GUTTER CONCRETE SIDEWALK IN COMMERCIAL AREAS WITH STREET TREES. / R a ° TOP OF CURB / a , WEAIZENED BACK OF CURB -- -� 'PLAN@d d ° ° °JOINTS °d 10' OR VARIES d d ° ° CURB ACCESS RAMP e PER STD 181 CURB RETURN AREA R 10' TYPICAL PARKWAY 4' MIN SIDEWALK SEE NOTE 3 2% MAX -� 4" MIN PCC ° COMPACTED NATIVE SOIL TYPICAL SECTION WEAKENED PLANE JOINTS 1" SAWED, QUICK—JOINT OR EQUAL " EXPANSION i JOINT MATERIAL (NP) PLANTING OR CONCRETE WALK WEAKENED PLANE JOINTS & EXPANSION JOINTS CITY ENGINEER RCE DATE I NO. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DRAWING NO. DRAWN: P. KHARAZMI SIDEWALK DETAIL 180 DATE: 019 SHEET 1 OF 1 10 AOR8 4' MIN 2% MAX 5% MIN & _ 57 MIN & I VARIABLE —�j 0" CF 8.37. MAX 4' MIN y FULL HEIGHT CF I I t�Q N� _ I 2% MAX I 4' MIN I I `-6 a RETAINING CURB i z� FRONT EDGE w z OF SIDEWALK Lo 000 17- 0000""g FRONT EDGE m oo �oi e00000 OF SIDEWALK FULL HEIGHT CF o aojoe > x w 0" CF 10% MAX 0 6" TYP. AT CURB AOR B 7 "" N N --T- CF o" CF VARIABLE CF CASE "A„ 2% MAX 5% MIN & VARIABLE SLOPE 8.37 MAX A ORB RETAINING CURB IF NECESSARY AT 6" T YP. o" CF ______ PROPERTY LINE IMIN ~j 0" CF n n CASE E FULL NIS j~ 2% MAX I I 4' MIN HEIGHT CF j �— VARIABLE — 5% MIN & 8.3% MAX 5% MIN & 0" CF I I I z 8.3% MAX I 00 o FRONT EDGE OF SIDEWALK — RETAINING CURB FULL -- -- .6 HEIGHT 10% MAX z CF AT CURB A ORB " CF CASE "B" C' 5% MIN & RETAINING CURB 6" TYP. 8.3% MAX ��� FRONT EDGE OF b SIDEWALK 10 — — 0" CF 0" CF VARIABLE -- FRONT EDGE --- OF SIDEWALK 0" CF FULL CASE "F" _— HEIGHT CF CASE CF I I DIRT USE WHEN SIDEWALK IS LESS THAN 6' WIDE RETAINING I I + + + -� + 0 CURB ' i + + + + + + + + + + VARIES 4' MIN �I I JOIN EX. 0 CF x 2% MAX 4' MIN 6" TYP. VARIABLE CF N�� I a FULL HEIGHT CF 57 MN & H3iMAX N 5' MIN FRONT EDGE oo�od e OF SIDEWALK 0" CF ___--- ALONG ACCESS 2% MAX ------ .00.00.o.00.o 000000 z RAMP LANDING SLOPE BCR FRONT EDGE FULL 10% MAX 0" CF OF SIDEWALK HEIGHT CF AT CURB A CF CASE "D" CASE "G" APP. CITY ENGINEER RCE DATE N0. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS DRAWN: P.KHARAZMI STANDARD DRAWING NO. DATE: 12/20/2018 CURB ACCESS RAMP 181 SHEET 1 OF 3 4' MIN 2% MAX 5% MIN & _ 57 MIN & 83% MAX 8.37. MAX "Neo — — 0" CF 0" CF VARIABLE -- FRONT EDGE --- OF SIDEWALK 0" CF FULL CASE "F" _— HEIGHT CF CASE CF I I DIRT USE WHEN SIDEWALK IS LESS THAN 6' WIDE RETAINING I I + + + -� + 0 CURB ' i + + + + + + + + + + VARIES 4' MIN �I I JOIN EX. 0 CF x 2% MAX 4' MIN 6" TYP. VARIABLE CF N�� I a FULL HEIGHT CF 57 MN & H3iMAX N 5' MIN FRONT EDGE oo�od e OF SIDEWALK 0" CF ___--- ALONG ACCESS 2% MAX ------ .00.00.o.00.o 000000 z RAMP LANDING SLOPE BCR FRONT EDGE FULL 10% MAX 0" CF OF SIDEWALK HEIGHT CF AT CURB A CF CASE "D" CASE "G" APP. CITY ENGINEER RCE DATE N0. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS DRAWN: P.KHARAZMI STANDARD DRAWING NO. DATE: 12/20/2018 CURB ACCESS RAMP 181 SHEET 1 OF 3 TOP OF RAMP SEE NOTE 9 MIN 2%% MAX T 5% MIN & 8.3% MAX T QPrTInAI A_A TOP OF RAMP RETAINING CURB Ir IF NECESSARY SEE NOTE 9 4' MIN �{ I 2% MAX 5% MIN & 8.3% MAX T SECTION B -B DEPRESS ENTIRE SIDEWALK AS REQUIRED RETAINING CURB SEE NOTE 9 — — T 2% MAX SECTION C -C 2.3" MIN AND 2.4" MAX CENTER TO CENTER SPACING, TYP. O O O O O O RAISED TRUNCATED DOME PATTERN IN-LINE TOP DIAMETER 0.45" MIN AND 0.47" MAX 0.2"�� OBASE DIAMTER 0.9" MIN AND 0.92" MAX FRONT EDGE OF SIDEWALK 10% MAX CF AT CURB CASE "H" IInTGc- 10% MAX AT CURB 1. CURB AND GUTTER WILL BE POURED FIRST AND RAMP THE FOLLOWING DAY TO CREATE COLD JOINT. 2. LOCATIONS WITH CROSS GUTTER SHALL HAVE SPANDREL REPLACED. 3. PARKWAY LANDSCAPE AND IRRIGATION SHALL BE MODIFIED IN KIND. r -CR 2' GUTTER CURB & GUTTER ATCH DETAIL A RAISED TRUNCATED DOME CURB RAMP PAY LIMIT APP. CITY ENGINEER RCE DATE N0. DATE DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DRAWING NO. DRAWN: P. KHARAZMI DATE: 9/16/2019 CURB ACCESS RAMP 181 SHEET 2 OF 3 NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4' MIN PLATFORM (LANDING) AS IN CASE A, THE SIDEWALK MAY BE DEPRESSED LONGITUDINALLY OR MAY BE WIDENED AS IN CASE D. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FULL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN IN CASE C. 3. (NOT USED) 4. (NOT USED) 5. THE PAY LIMITS FOR CURB ACCESS RAMPS SHALL BE AS SHOWN IN DETAIL A. 6. TRANSITIONS FROM RAMPS TO WALKS, GUTTERS, OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 7. SIDEWALK AND RAMP THICKNESS, "T", SHALL BE 4" MIN. 8. UTILITY PULL BOXES, MANHOLES, VAULTS AND ALL OTHER UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE CURB RAMP SHALL BE RELOCATED OR ADJUSTED TO GRADE. 9. COUNTERSLOPES OF ADJOINING GUTTERS AND ROAD SURFACES IMMEDIATELY ADJACENT TO AND WITHIN 48" OF THE CURB FLOWLINE SHALL NOT BE STEEPER THAN 1V -.20H (5.07). 10. RAISED TRUNCATED DOMES SHALL BE DARK GRAY IN COLOR AND SHALL BE ADA PAVERS AS MANUFACTURED BY WAUSAU TILE, INC OF WISCONSIN, ADA -2 COLOR A-90 OR APPROVED EQUAL. 11. DETECTABLE WARNING SURFACES SHALL BE A MINIMUM OF 48" WIDE PERPENDICULAR TO THE DIRECTION OF TRAVEL AND EXTEND 36" MINIMUM IN THE DIRECTION OF TRAVEL. APP. CITY ENGINEER RCE DATE I NO. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS STANDARD DRAWING NO. DRAWN: P. KHARAZMI DATE: 9/16/2019 CURB ACCESS RAMP 181 SHEET 3 OF 3 y8" � i~ 6„ i 24" nBATTER 2„ LIP FLOW 6"OR 8"CURB FACE 1RQ d d 4a Y"R 12" FOR 6" CURB FACE 6" Q 14" FOR 8" CURB FACE 4 4 TYPE A PCC CURB AND GUTTER (CURB FACE SHALL BE 8" UNLESS OTHERWISE NOTED) Y2"R 6" OR 8" d CURB FACE FLOW 3:12 - BATTER 12" FOR 6" CURB FACE 14" FOR 8" CURB FACE Q as TYPE B PCC CURB (CURB FACE SHALL BE 6" UNLESS OTHERWISE NOTED) 6" 12" 1" d " R 6" OR 8" NO LIP CURB FACE Y" 3:12 BATTER FLOW ---� 12" FOR 6" CURB FACE Y2"R g d a 14" FOR 8" CURB FACE Q 6" d 4 Q" R TYPE C PCC CURB AND GUTTER NOTES: 1. GUTTER SURFACE WITHIN 4" OF FLOW LINE SHALL BE GIVEN A STEEL TROWEL. (APPLIES TO TYPE "A" CURB AND GUTTER). 2. PREFORMED V THICK EXPANSION FILLER SHALL BE INSTALLED IN ALL TYPES OF CURB AT THE BC AND EC OF RETURNS, AT INTERVALS OF 60' BETWEEN RETURNS AND AT THE ENDS OF DRIVEWAYS. SIMILAR EXPANSION JOINTS SHALL BE INSTALLED IN ALL GUTTERS ADJOINING CURB. WEAKENED PLANE JOINTS SHALL BE FORMED AT INTERVALS OF 20' BETWEEN RETURNS. (APPLIES TO TYPES "A", "B", "C", AND "F" CURBS AND GUTTERS). 3. IN SUPER ELEVATED SECTIONS THE GUTTER SLOPE SHALL FOLLOW THE CROSS SLOPE OF THE STREET PAVEMENT. (APPLIES TO TYPE "C" CURB AND GUTTER). 4. CONCRETE SHALL BE 560-C-3250. APP. CITY ENGINEER RCE DATE I NO. I DATE I DESCRIPTION OF REVISIONS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS DRAWN: P. KHARAZMI STANDARD DRAWING NO. DATE: 2/28/2019 STANDARD CURB SECTIONS TYPE A. B, & C 182 SHEET 1 OF 1 APPENDIX B - WORK SCHEDULE c 0 U a) O N N z°I I— I— U 3 1 f 1 I wlm I I � Q w a i � LL w mCD 0 0 0 0 0 0 0 N O o 0 Cl) N N N N N N N N N 0 LL J —i (+7 O M O Cl) O �' O Cl) O N O �' f� N to to N M 00 •- �' t- N O �- O O N (..) 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Date Received: 2/5/2020 Dept./Contact Received From Department: Public Works Sent to: Marissa Company/Person required to have certificate: S&H Civilworks Type of contract: Public Works Contract Shelby Morgan By: Shelby I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/15/2020-2/15/2021 A. INSURANCE COMPANY: Evanston Insurance Company NAIC#35378 B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑✓ Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M occur / $2M agg E. ADDITIONAL INSURED ENDORSEMENT—please attach ❑✓ Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑✓ Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ❑✓ Yes ❑ No H. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ N/A ❑✓ Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 2/15/2020-2/15/2021 A. INSURANCE COMPANY: Employers Mutual Casualty Company NAIC#21415 B. AM BEST RATING (A-: VII or greater) A:XIV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ✓❑ Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1M E. PRIMARY & NON-CONTRIBUTORY WORDING ENDORSEMENT - please attach Q Yes ❑ No F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑✓ Yes ❑ No G. ADDITIONAL INSURED ENDORSEMENT— please attach DYes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ✓❑Yes ❑ No I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: QN/A F] Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE A. INSURANCE COMPANY: 2/15/2020-2/15/2021 Everest Premier Insurance Company NAIC#16045 B. AM BEST RATING (A-: VII or greater): A+:XV C D E F G ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM ADDITIONAL COVERAGES THAT MAYBE REQUIRED 0 Yes ❑ No 0 Yes ❑ No $1M 0 Yes ❑ No 0 N/A ❑ Yes ❑ No ❑ PROFESSIONAL LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ POLLUTION LIABILITY EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: ❑ BUILDER'S RISK EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: EJ EFFECTIVE/EXPIRATION DATE: A. INSURANCE COMPANY: NOTES/COMMENTS: Approved: 2/21/2020 Risk Management Date