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HomeMy WebLinkAboutC-7753-2 - Concrete Alley and Street Replacement 21R07CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov January 11, 2023 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Drive Colton, CA 92324 Subject: Concrete Alley and Street Replacement — C-7753-2 Dear Jesse Sotto: On January 11, 2022, 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 January 14, 2022, Reference No. 2022000019216. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is PB03081700491. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate Bond Number: PB03081700491 Premium: $16,380.00 EXHIBIT B Premium is for contract term and is subject to adjustment based on final contract price CITY OF NEWPORT BEACH BOND NO. PB03081700491 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,380.00 , being at the rate of $25.00 first $100.000: $15.00 for next thousand of the Contract price. $400,000 and $10.00 for remainder 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, but is not limited to: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special, Provisions, the Standard Specifications and all Contract related documents, and Appendices, 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 One Million Two Hundred Eighty Eight Thousand Twenty Five Dollars ($1,288,025.00) 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 S&H Civilworks Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1 Ath day of Octoher '20 20 . `r'QPURgT•• f S&H Civilworks Name of Contractor (Principal) Aut rized Signature/Title ; pg12412015 ''•.9�/FOPS' Philadelphia Indemnity Insurance Company IUAU , 8. 0At, Name of Surety Authorized Agent Signature 251 S. Lake Ave., Suite 360 Pasadena, CA 91101 Laurie B. Druck, Attorney -in -Fact Address of Surety 626-639-1321 Telephone Print Name and Title S&H Civilworks Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I I, Y /T� By: Imo- P.V- Aaron C. Harp ap 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 cam) - ss. On eT_Ct 2-1 20 2v before me, e'4yRF4Y T3A QJf Notary Public, personally appeared -::K,- S S >o 74 C) ^ , who proved to me on the basis of satisfactory evidence to be the persoro) whose namo) is/gre subscribed to the within instrument and acknowledged tome that he/sheftf+ey executed the same in his/hef th€lf authorized capacity(io), and that by his/hef/their signatures(s) on the instrument the person(V, or the entity upon behalf of which the person(le) 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. iGURPAL BAWA COMM. #2225859 rn ' NOTARY PUBLIC - CALIFORNIA m 6- SAN BERNARDINO COUNTY .emu My Comm. Expires lan. 15, 2022 Signatur (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 CALIFORNIA ALL-PURPOSE ACKV WLEDGEMENT 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 OCT 1 9 7070 before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Laurie B. Druck Name(s) of Signers) 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, ,...;. .. Rebecca Elizabeth Adcock and that by her signature on the instrument the ie" } #COMMISSION# 2LIFORN NOTARY PUBLIC • �'- JSAN person, or the entity upon behalf of which the person acted, executed the instrument. 0 CORNl4 eERNARDINO COUNTY \�M):/ My Comm.E�iree: 3. MayY0N I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hanq and official ealZee, gnature orNotary 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 ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 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 i Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania , subject to its Articles of Incorporation or other fundamental organizatiopad 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 Class, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, and Miscellaneous as such classes are now or may he, 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 frill compliance with all, mid not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California a 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 14 th day of October , 2004 ,Ihave hereunto set my hand and caused my official seal to be affixed this 14th day of October 1 2004 By John Gawawendi for Ida 2odrow Asst. Chief De NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califo porations Capron after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Cor� ec ccdon 701 and v grounds for revoking this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. Po", ca.J `& osP. a.'P PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power or 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. Bruck, Melissa Schwartz and Christina Mountz of Alliant Insurance Services, Inc., its true and lawful Attomey-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 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(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 anytime, any such Attomey-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 27rn 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 mid Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: 44TnCii�wCKivv,un residing at: (Notary Seal) My commission expires: '�Y`�y) ) 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 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 19th day of October , 20 20 • Edward Sayago, Corporate Secretary 19? PHILADELPHIA INDEMNITY INSURANCE COMPANY March 21, 2022 S&H Civilworks Attn: Jesse Sotto 1801 Hilltop Drive Colton, CA 92324 Subject: Concrete Alley and Street Replacement - C-7753-2 Dear Jesse Sotto: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On January 11, 2022 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 January 14, 2022, Reference No. 2022000019216. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is P1303081700491. Enclosed is the Labor & Materials Payment Bond. Sincerely, ag' �' Leilani 1. Brown, MMC City Clerk Enclosure Executed in Duplicate Bond Number: PB03081700491 Premium included in charge for EXHIBIT A Performance Bond CITY OF NEWPORT BEACH BOND NO. PB03081700491 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, but is not limited to: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special, Provisions, the Standard Specifications and all Contract related documents, and Appendices, 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 One Million Two Hundred Eighty Eight Thousand Twenty Five Dollars ($1,288,025.00) 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 S&H Civilworks Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the _19th day of October , 20a. 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 LIM Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title SEAL '•°' 0812412015 �"9</FOR��•• S&H Civilworks Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I I./,f/ ZAn2 By: d:e: Aaron C. Harp p City Attorney ck 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 Calif rnia County of ) ss. On zrr -( 7_ — 2F ? e 20 L before me, 01 01" Plffi L i 7 ti r�i Notary Public, personally appeared —y�F s i . So 71 c) who proved to me on the basis of satisfactory evidence to be the person(O whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herkheir authorized capacity(ipg), and that by his/hedtheir signatures(s) on the instrument the person(o, or the entity upon behalf of which the person(6) 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. Signatu r7i,9 GURPAL BAWA COMM. #2225859 „ N NOTARYPUBLIC-CALIFORNIA m_ SAN BERNARDINO COUNTY My Comm. Expires Jan.16, 2022 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of }ss, On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) S&H Civilworks Page A-4 CALIFORNIA ALL-PURPOSE ACKF'"*WLEDGEMENT 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 OCT 1 9 2020 SS. before me, Rebecca Elizabeth Adcock Notary Public Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared Laurie B Druck Name(s) of Signer(s) WITNESS my hanp and official seal. U ignature of Notary 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's 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: 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 ��eater Rebecca Elizabeth Adcock person, or the entity upon behalf of which the person acted, executed the instrument. COMMISSION# 2327252 I'= R NOTARY PUBLIC -CALIFORNIA SAN BERNAROINO COUNTY ��. I certify under PENALTY OF PERJURY under the laws of My Comm. E�ires 3•May-2024 the State of California that the foregoing paragraph is true and correct. WITNESS my hanp and official seal. U ignature of Notary 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's 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: STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority N9 07927 THIS IS TO CFRTIFY THAT, Pursuant to the Insurance Code of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania , organized under the rows of Pennsylvania subject to its Articles of Incorporation or other fundmnental organizasiojal 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, Sprinkler, Automobile, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. "PHIS CERTIFICATE is elpressly conditioned upon tine holder hereof now and hereafter being in fill conepliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of Calijbrnia 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 _ dayof_ October 2004__„ lhave here un to set my hand and caused my official seal to be aflieed this __14th __,__dayof October , . 2004_ BY John Fendi for Ida Zodrowl Asst. Chief Dept NOTICE: Qualification with the Secretory of State nurat he accomplished as required by the Cafifo ations C on after issuance of this Certificate of Author.. 14illure,, to da .so will be a vinIaIioit of Insurance Ce a echon w1 tad grounds for revoking this Certificate of And eai.y pursuant to We convenants made in the application therefor and the ,monitions contained herein. PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRF.SF,'NIS: 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 .f. Young, Laurie B. Druck, Melissa Schwartz and Christina Mountz of Alliant Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behall' bonds, undertakings, recognisances 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 acid 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 Attomey(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 Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers mid 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 BG SIGNL'D AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27n' DAY OF OCTOBER, 2017. 1 9� (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. 1YYJSm�:a <nrarn Notary Public: .,ra:...i;>Mw`•:..," aK+mns.o., es.. rr cas 1 ' residing at: Bala Cynwyd, PA (Notary Seal) My commission expires: September 25- 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA IN DEMNIT'Y INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued Panamint thereto on the 27" day of October, 2017 are true and correct and aro 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 or the attached Power of Attomey 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 19th _ day of October 20 20 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Batch 12990736 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 3 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIILIiIIIIIIIIIIIIIIIIIIIIIIIII NO FEE . $ R 0 0 1 3 4 6 9 4 9 4 S 2022000019216 9:01 am 01114122 90 PP2A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and S&H Civilworks., Colton, California, as Contractor, entered into a Contract on October 13, 2020. Said Contract set forth certain improvements, as follows: Concrete Alley and Street Replacement - C-7753-2 Work on said Contract was completed, and was found to be acceptable on January 11. 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Comoanv. F �ublicWrks Directorty 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 Iq I , at Newport Beach, California. BY D ` ;%"W POCity Clerk O, https://gs.secure-recording.com/Batch/Confirmation/12990736 01/14/2022 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 October 13, 2020. Said Contract set forth certain improvements, as follows: Concrete Alley and Street Replacement - C-7753-2 Work on said Contract was completed, and was found to be acceptable on January 11, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. lic Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onoff-' at Newport Beach, California. rig, PORT BY � City Clerk CITY CLEU 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 22nd day of SEPTEMBER , 2020, at which time such bids shall be opened and read for CONCRETE ALLEY AND STREET REPLACEMENT 21 R07 Contract No. 7753-2 $1,370,000 Engineer's Estimate Approved by James M. Houlihan eputy PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids-com/portal/portal-cfm?CompanyID=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classifications) required for this project: "A" For further information, call Patricia Kharazmi, Project Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE http://ne�ortbeach_ca. goy/government/open -transpa rent/on_Iine _services_/_b_ids_-rfps- vendor-reqistration City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 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 ALLEY AND STREET REPLACEMENT Contract No. 7753-2 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 in Sealed Envelope) 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. 3. 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 bidders security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied.- A. pplied:A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed Contractor's License No. & Classification Auth zed Signature/Title A 0060 'fit q (I q DIR Registration Number & Expiration Date S2,) �Vl l.L��fZt�S Bidder 5 Date 9 - 2 % -20 City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 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 ALLEY AND STREET REPLACEMENT, Contract No. 7753-2 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 9th day of September-- X020. S & H Civilworks �'r? Name of Contractor (Principal) uthorized Signature/Title Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 Address of Surety 626-639-1 Telephone Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) L .rte ,��� V � _ '. '. V' � l �✓ �. r. f ��/' ` �` ll �� . ti`' :?_.-� �:, ,. . ., 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 County of San Bernardino J SS. before me, Rebecca Elizabeth Adcock, Notary Public Name and Title of Officer (e g . "Jane Doe. Notary Public") personally appeared i. y3:Ct'r.:h. cRebecca Eli�#�� - } COMMISSI •!_" NOTARY PUBLIC - CALIFORNIA c's i ?'$ /SAN BERNARDINO COUNTY Aty Comm E)pires 3 -May -non 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. V�ITNESS my hand and official seal. I 1� 1 Signature of Notary 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 -- ❑ Limited O General O Attorney -in -Fact O Trustee 1 Guardian or Conservator Other: Signer is Representing: Number of Pages: A000bA disd&SII3 SdS':SC9 A.14Q182IMNIM" YTLIU00 001GRAP1038 V.Ae:` ,,SOS-y,M.E. STATS OFCALIFORNIA DERkRTNIENT OF INSUR--kNCE NQ 079?-' SANF'RANCISCO ii'c n cl Certificate of Authority T) HS 1S To CrVI II:',- of Ca!;!' Ph-'Jnrkelphiri Ind�11'.11iLy Insurance ander flu-" subliec! �"' i'S AJ. awhort:.L'd '0 TI-CIIISUC! 11;2,)iaie. subject m-o".isioms of e t , 7 p1a'-:1 cl• Ss' L.iabiI:.r v n i c 11 i n e r 3T L: r z I a -, v pria klor t omo, i-; i, ijjjc� . \I.t.z�cc I j. 0 0 u S TFIIS CERTIFIC'NI E is CV.M-Css"'.1; and 1wrk"llf .' 1 ;19 j"IhI. willpildnek: whh all. aild rot ii; 1 iolaflon 01'al!y' of 1""'c ap"'llic"INC lill."S cmd limfi-d req,iii-cmems 1,:,,&lc zi" S. - I -c' o 'C li �)ri: o '? Or refl; ltIICWs (liV it Ohl"'Cr and applicable. and as suck laws (im! rezptinem,mrS no:v are, mr m'Iy be chang"ri ol-am"llfled. IN WITNESS WHERU-0F. q ctivr as o'the 14 Lh LLYI S"; an"! ca"'Srel Im, v,lF'cialseal u, he dav )J r 0 BY i01 -in Tic! for Ida Zodrow—'k';" NOTTGUI: Ass L Chief. ton d lri.mr Cn(E ecom! b::11 Vlihorky. F:dlur.! ro 'lo .;o vvill a viol'!i' ()(J� 'cL [All';l;;I[)1 to tile in Ow ther,'l. r s id 0:. conr! ncfl hcre:n- hA%; CI -3 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, Melissa Sebwartz and Christina Mountz ofAlliant Insurance Services, Inc., its true and lawful Attomey-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 14ie of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(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 Attomey-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 27n' DAY OF OCTOBER, 2017. 1927 t>� D seal V 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. A'rMIMN 1�h +i rIYPGIV ON Notary Public: �lwa W.Nh,. Wtita t..n, residing at: (Notary Seal) My commission expires: Bala QMwvd. 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 Attomey as President, was on the date of execution of the attached Power ofAttorney 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 9th day of September 20 20 ;l 1027 Edward Sayago, Corporate Secretary ,: r PHILADELPHIA INDEMNITY INSURANCE COMPANY 927 a - r City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the _Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidders 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. S 2 W G'V1 L4 uO2KS Bidder Aut orized Signature/Title City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 I TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number 0-C)P ��Q�S-% Project Description "a R 01P Approximate Construction Dates: From -7 ( ZOO To: 9 / ZO TO Agency Name GlTY yo Ar Contact Person ALV K R V (5 A (-CA-V-& Telephone ( CV41 Original Contract Amount $ (� K Final Contract Amount $ S� If final amount is different from original, please explain (change orders, extra work, etc) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 'Iiwr- 10 No. 2 Project Name/Number at INf kh W yx- c,cte_ /e Project Description S 0 N GA'T`G- Ug jyiv a. y J �-�(t�s Approximate Construction Dates: From 7 �2n To: 7 (Z C> Agency Name G IT y or 5,4 N � p lA-C-1 Contact Person V101'TH1N T uCZ'r4-" Telephone (7 �� 3 " 9-6 3T Original Contract Amount $ 56-5 Final Contract Amount S S 5 D If final amount is different from original, please explain (change orders, extra work, etc.) k IA - 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. WA No. 3 Project Name/Number IJ Cfz Project Description C,6;.jC,9*-5-? S 19 evMJ-C/ 0fl- I UWP A y 9 CV Ke, Approximate Construction Dates: From �7(2y To: -7(2-0 Agency Name T� Contact Person 3,e kq Do, ✓i s Telephone lack 7 Original Contract Amount $ -7 63 Final Contract Amount $ �-7j� I< - If final amount is different from original, please explain (change orders, extra work, etc.) 0,1!1 O-'CWBA '&C 4y� tr 01/y - 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 No. 4 Project Name/Number CAN kw !vial Vl�-t1�q N Pe Project Description W A I 5 4 QW m ile-1 Approximate Construction Dates: From ' ( Z o ) 61 To: Agency Name yl ' ` V v Cc-> 6 lr7— Contact Person I'S hins 0 d' Telephone (� `q27 51-/- 5015 Original Contract Amount $ d • M Final Contract Amount $ �/ • 2 M If final amount is different from original, please explain (change orders, extra work, etc.) U---byk- 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. N1a No. 5 Project Name/Number txc Project Description C 10 li� -OvYL-t A-�:, P % 4 t'}" Approximate Construction Dates: From I h1to, Agency Name Contact Person Telephone Original Contract Amount $ 6 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. J\ 12 No. 6 AONA V11A � t �Vl. � Project Name/Number Project Description Approximate Construction Dates: From % / -a-() i F To: 7 (a 0 I c1 Agency Name lA T A 4 9a" &YV iat b, ot( "-b Contact Person AL-ztk -- Telephone (4) D Original Contract Amount $Final Contract Amount $ 2 . U M If final amount is different from original, please explain (change orders, extra work, etc.) 01 (,-", 41, t -A 01 ffb-� q�� 0. 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. 04- 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.-- S S H C -s ALa 3, Bidder A +orized Signatu e/Title 13 COMPLETED PROJECT REFERENCES PAST (3) YEARS Project Owner Project Scope of Work Contact Contract Completion Amount Date City of Yucaipacn 13 Street Final Grading and Concrete Chuck Collette — Construction $45,810 February 34272 Yucaipa Blvd, Yucaipa, CA Concrete works Manager/Inspector 2016 909 841-0336 City of Duarte Rafael Casillas PE— February 1 E Huntington Bus Pad Construction Concrete &Asphalt Engineering $18,336 2016 Dr Dr, , Duarte, CA at Huntington Drive Manager 626 357-7931 City of Palm Desert ADA ramps, Curb, Mike Brown — 73510 Fred Waring 2016 Curb Ramps Gutter, Cross gutter and Public Works $99,350 May 2016 Dr, Palm Desert, CA Modification Project Ashalt p Inspector 92260 760 396-6826 City of Jurupa Valley Chase Keys — 8930 Limonite 2015-16 Pedestrian Concrete works Project Manager $104,000 June 2016 Avenue, Jurupa Access Project (951) 332-6464 Valley, CA 92509 x235 City of Arcadia 2015/2016 Annual Jan Balanay — $58,570 11800 Goldring Road, Concrete Repair Concrete & Asphalt Project Manager July 2016 Arcadia, CA 626 256-6582 City of South Gate Citywide Sidewalk Grading, Demo, Curb, Leticia Ortiz — 8650 California Ave, Improvement — Phase Gutter, Sidewalk, Cross Project Manager $272,600 September South Gate, CA III gutter & Asphalt Contact Number: 2016 323 563-9576 City of Dinuba ADA Improvements Joe Aguirre — 1088 Kamm Ave. Project Concrete works Project Manager $132,014 September Dinuba, CA 93618 559 591-5906 2016 City of Hesperia ADA Improvements Grading, concrete and David Burkett — 9700 Seventh Ave, Year 1&2 Asphalt Paving Project Manager $522,500 October 2016 Hesperia, CA 92345 760 947-1202 City of Lompoc ATP Cycle 1 Craig Dierling, PE — 100 Civic Center Sidewalk/Curb Ramp Grading, Roadway Project Manager $389,292 January 2017 Plaza Lompoc, CA Project concrete and Asphalt (805) 875-8224 93436 County of Riverside Grand Avenue Road widening Trai Nguyen — 2950 Washington St, Sidewalk Grading, Curb , Sidewalk, and Asphalt Principal Inspector $185,240.30 January 2017 Riverside, CA 92504 Improvement Project Paving(951) 961-5363 City of Bakersfield Street Improvement Mike De la Cruz — 900 Truxtun Ave, Brundage Lane and Grading, concrete and Construction $508,623 March 2017 Bakersfiled, CA West Union Project Asphalt Paving Inspector 93301 (661)304-2950 City of Santa Barbara Roadway concrete, Ken Young 630 Garden Street, La Cumbre Sidewalk storm drainage, Project Manager $360,995 July 2017 Santa Barbara CA Infill Project retaining wall, ADA, (805) 560-7568 Ramps & Paving City of Newport 100 Civic Center Concrete and Demo, Curb, Gutter, Ben Davis — Drive, Newport Pavement Sidewalk, ADA Ramps, Project Manager $809,638 August 2017 Beach, CA 92660 Replacement Project Cross gutter & Asphalt (949) 644-3317 County of Riverside Troth Street Sidewalk Road widening Grading, Curb, Gutter, Trai Nguyen — 2950 Washington St, Improvement Project Sidewalk, and Asphalt Principal Inspector $738,960 Sept 2017 Riverside, CA 92504 Paving (951)961-5363 Page 1 of 2 COMPLETED PROJECT REFERENCES PAST (3) YEARS Project Owner Project Scope of Work Contact Contract Completion Amount Date City of La Puente Citywide Concrete Grading, Curb, Gutter, Gregory W. 15900 East Main Repair FY 2016-17 Sidewalk, and Asphalt Lindsay— Deputy $280,066 November Street, La Puente CA Project Paving City Engineer 2017 91744 (626)855-1540 City of Walnut Walnut Ranch Park Grading, Curb, Gutter, Cody Howing — December 21201 La Puente Rd, ADA Access & Sidewalk and Retaining Project Manager $286,972 2017 Walnut, CA 91789 Citywide Repair wall 909 594-9702 City of San Marcos Mission Road ADA Demo, sidewalk and Perryn White Mata Road, San Construction Project ADA Ramps City Inspector $182,700 April 2018 Marcos, CA (619)850-3851 City of Riverside Street Widening of Widening, Concrete Kevin Goodwin 3900 Main Street Quite lane and asphalt Project Manager $60,000 June 2018 Riverside CA 92522 (951) 318-3134 OMNITrans ATP safe Route to Demo, sidewalk, ADA Thomas Dahlin 1700 West 5`h St Transit Project Ramps & Asphalt Capital Project $2.IM December San Bernardino, CA Paving Manager/Inspector 2018 92411 951 358-9322 OMNITrans Corona Avenue ATP Demo, sidewalk, ADA Thomas Dahlin 1700 West 5`h St safe Route to Transit Ramps & Asphalt Capital Project $308,000 April 2019 San Bernardino, CA Project Paving Manager/Inspector 92411 951 358-9322 City of San Annual Concrete Demo, sidewalk, Nathan Toczek Bernardino Repair & ADA Access driveway, ADA Ramps City Inspector $2.IM April 2019 201 N "E" Street, san Ramp Project & cross gutter (760) 963-2085 Bernardino CA City of Santa Roadway Improvement, Barbara Measure A Cycle 3 concrete, storm Ken Young — December 630 Garden Street, Sidewalk Infill drainage, retaining Project Manager $I.IM 2019 Santa Barbara CA Project walls, Ramps & (805) 560-7568 Asphalt Paving County of Riverside Mayberry Avenue Roadway Improvement, Trai Nguyen — 2950 Washington St, Sidewalk Project — concrete sidewalk, Principal Inspector $316,000 February Riverside, CA 92504 Hemet CA cross gutter and ramps (95 1) 961-5363 2020 City of Costa Mesa City Parkway Citywide concrete Cristina Oquendo 77 Fair Drive Maintenance Project repair curb, gutter, $3.2M May 2020 Costa Mesa CA sidewalk, driveway and Project Manager ADA Ramps (714) 754-5015 City of Newport 100 Civic Center Concrete Demo, Curb, Gutter, Ben Davis — Drive, Newport Replacement Project Sidewalk, ADA Ramps, Project Manager $763,500 July 2020 Beach, CA 92660 Cross gutter & Asphalt (949) 644-3317 City of San Citywide Concrete Demo, sidewalk, Nathan Toczek Bernardino Repair Project driveway, ADA Ramps City Inspector $563,000 July 2020 201 N "E" Street, san & cross gutter (760) 963-2085 Bernardino CA City of Loma Linda ADA Access Ramp Demo, sidewalk, Alex Rubalcava 26000 Barton Road, Installation Project driveway, ADA Ramps City Inspector $113,000 August 2020 Loma Linda 92354 & cross gutter (909) 478-4263 Page 2 of 2 City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 NON -COLLUSION AFFIDAVIT State of California ) County of SQYI b ssC')X1r1. yo]Iand ��S S C �C1� being first duly sworn, deposes and says that he or she is PrisC Ciex of g V G V k l wn1/c s , 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. declare under penalty of perjury of the laws of the State ornia that the foregoing is true and correct. C� 2- N— CA 11 t I lu ci rKs W15 -'c Bidder Autho ed Signature/Title Subscribed and sworn to (or affirmed) before me on this day of S(W 12020 by �Q / ! a proved to meson the basis of satisfactory evidence to be the person(o 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. . w.. JASPREET KAUR ,.: COMM. 225051. .Ii; Notary blit ' �'.' FJ?r ` NOTARY PUBLIC - CALIFORMIA [SEAL] " ti "°°�SAN BERNARDINO COUN"iY r"s`" *� My Comm Expires Aug 16,202e ` c _� �s•, -. °„- My Commission Expires: G' U ' 14 City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 DESIGNATION OF SURETIES Bidder's name S91 4 G VI' l LA -)Or �-- 5 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): a V14 L4 YA 6 5 C Gnat V ✓l-ec-p'z It --- u `,fir VIA r j.t ---- -------- 15 City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name 5 L44 C,I VtC LA k_)(e—►GS 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 2019 2018 2017 2016 2015 Total 2020 No. of contracts q L/ 8 -1 Total dollar Amount of ��•SM .5m �3.S.M �3.v�1 1 3M��/+�! Contracts (in Thousands of $) No. of fatalities 49/ No. lost Workday Cases No. of lost workday cases involving y 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 S G v k, s Business Address:! �,y ij l�� „i� ►},r (10 -� z,�, G `Z 32 Business Tel. No.: r G o -t) State Contractor's License No. and Classification: ClAs.s t'A c� Title P i(-9- S I'� The above information was compiled from the ecords 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 it- -- I G, -- 26 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 September 10, 2020, before me, Jaspreet Kaur, Notary Public, personally appeared Jess Sotto who proved to me on the basis of satisfactory evidence to be the person 14) whose name � is/ a ze subscribed to the within illstl'Llnlellt and acknowledged to nle that he/s4e-/Lt�iey executed the sarlle In his/he44-heI-r aLltllarizecl capacity (ice), cine( that by his/lel their si`aiiattll'e 41 9) oil the II7StlLInll'I1t the person �, or the entity Upon behalf ot'which the person (6) 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. X2250547 NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My COMM Expires Aug 16, 2022 I (Signature) (seal) City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 5 e - w G V i I w OVZ--A--j The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach CONCRETE ALLEY AND STREET REPLACEMENT Contract No. 7753-2 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: Co more, 1ti-1 Business Address: [ W t ` � � �vp Pr. c:l�- ok2Z 2t4 Telephone and Fax Number: (0t0q) o -ZOO — I I C i FeLX (q 6 Q) Y I C WO ?- I California State Contractor's License No. and Class: 100 Eb Y 0 C�tA---s A (REQUIRED AT TIME OF AWARD) Original Date Issued: is Expiration Date: / 1/30%2 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: � (2-1�{� ► 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 )rq�de r1 -r J--dR-U--frd70 of N,'1 fi �lr (.0 YM t- OOl? Corporation organized under the laws of the State of t?,a It f Y11 lei lipe, �oqoq q si) y/bqsS� The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: W All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: I lnA 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; /lM`'l°; Have you ever had a contract terminated by the owner/agency? If so, explain. 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 / lo? 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. 'S.A-H CAVl l t,,c rA,- S Bidder A notary public, or other officer completing this cedificate verifies only the identity of She individual who signed the document to which this certificate is attached, and not the truthfulness, aecuracyor validity of that document. (Print name of Owner or President oLGoer ton/Company) AutNiprized Signature/Title Aly 1, ikeAr Title Date '7- lo -Z6 On before me, _, �4SPh' % 1eAjj) Notary Public, personally appeared T7 who proved to me on the basis of satisfactory evidence to be the personke) whose names) is/are subscribed to the within instrument and acknowledged to me that he/ahefth� executed the same in his/heA4eif authorized capacity(aes), and that by his/he;AbA F signature on the instrument the person(s), or the entity upon behalf of which the person_(s) 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. WITNESS my hand and official seal. �1. az , 0 z(_L (SEAL) Notary P blic in and for said State `a'% JASPREET I<AUR � COMM. #22505 !-7 My Commission Expires: NOTARY PUBLIC CALIFORNIA L �� �3/ SAN BERNARDINO COUNTY My Comm. Expires Aug 16, 2022 1) 21 CONCRETE ALLEY AND STREET REPLACEMENT CONTRACT NO. 7753-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of October, 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, but is not limited to: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special, Provisions, the Standard Specifications and all Contract related documents, and Appendices (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. 7753-2, 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 One Million Two Hundred Eighty Eight Thousand Twenty Five Dollars ($1,288,025.00). 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 S&H Civilworks Page 2 act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 S&H Civilworks Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jesse Sotto S&H Civilworks 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. S&H Civilworks Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract S&H Civilworks Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless S&H Civilworks Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 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-.— I5/17.0?.o By: a�&. Aaron C. Harp City Attorney �m ATTEST: Date: l�km I..�1L►111� BrownLeilani 1. City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: '14* Aid Igo By: ' Will O' Bill Mayor CONTRACTOR: S&H CIVILWORKS, a California corporation Date: Signed in Counterpart Ant Jesse Canilo Sotto Chief Executive Officer Date: Signed in Counterpart 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� skzo Zo By: i::' -W Aaron C. Harp City Attorney 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: By' it e 12412015: JesN Canilo Sotto Chief Executive Officer Date: 1 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 Executed in Duplicate Bond Number: PB03081700491 Premium included in charge for EXHIBIT A Performance Bond CITY OF NEWPORT BEACH BOND NO. PB03081700491 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, but is not limited to: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special, Provisions, the Standard Specifications and all Contract related documents, and Appendices, 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 One Million Two Hundred Eighty Eight Thousand Twenty Five Dollars ($1,288,025.00) 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 S&H Civilworks Page A-1 respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of October , 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 Laurie B. Druck, Attorney -in -Fact Print Name and Title S&H Civilworks Page A-2 44 a '• N e-� SEAL Aut rized Signature/Title 0812412015: P IF A" Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title S&H Civilworks Page A-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:__„ I I,Lt / 7.0L-? Aaron C. Harp p 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 ofss. , On z�-a 2 -1 — 2a 5� 20 w before me, G, Uhf'/ i3 W,4 Notary Public, personally appeared _7€ S S S u 7 f who proved to me on the basis of satisfactory evidence to be the person() whose namew ivare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hef4heir authorized capacity(ips4), and that by his/h ir signatures( on the instrument the person(, or the entity upon behalf of which the person(4) 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.' GURPAL BAWA COMM. #2225859 A m NOTARY PUBLIC -CALIFORNIA m_ SAN BERNARDINO COUNTY My Comm. Expires Jan. 15, 2022 Signatu (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 A-4 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 OCT 1 9 2010 before me, Rebecca Elizabeth Adcock Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Laurie B. Druck Name(s) of Signer(s) true and correct. WITNESS my han and official seal. 'Signature of Notary 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 Nam 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: Top of thumb here 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 ''°`°'1c` Rebecca Elizabeth � COMMISSION person, or the entity upon behalf of which the person acted, executed the instrument. V # 2327252 Z!` !'1 NOTARY PUBLIC - CALIFORNIA �sAN BERNARDINO COUNTY I certify under PENALTY OF PERJURY under the laws of \ <<„o..r MyComm.Expires: 3 -May -2024 the State of California that the foregoing g g paragraph is true and correct. WITNESS my han and official seal. 'Signature of Notary 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 Nam 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: Top of thumb here S'I'ATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ 07927 SAN FRANCISCO Amended Certificate of Authority I THIS IS TO CERTIFY THAT, Pursuant to the Insurance Corte of the State of California, Philadelphia Indemnity Insurance Company Of Bala Cynwyd, Pennsylvania , organized under the laws of Pennsylvania , subject to its Articles oflncorporation or other fiendamental organizational docuntents, is hereby authorized to transact within the State, subject to all provisions of this Certificaie, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinlcl;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 expressly conditioned upon the holder hereof now and hereafter being in fidl 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 ccs long as such laws or requirements are inn effect and applicable, and (is 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 Mand and caused my official sect to be affixed this 14th day of October___ 2004 By John Gar-a-mendi for Ida Zodrowl Asst. Chie£ Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califon o orations C omp after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code Section 701 and will be grounds for revokinn this Certificate of Authority pursuant to the convenants made in the application therefor and the conditions contained herein. FORM C6-) �O OSP DO 39391 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, Melissa Schwartz and Christina Mountz of Alliant Insurance Services, Inc., its true and lawful Attomey-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 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'" DAY OF OCTOBER, 2017. T v� (Seal) 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. '"`'"'^''•',;,•'" Notary Public: gra•'-v---. y ,.., gym[ 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 execution of the attached Power of Attomey 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 19th day of OCtOber 2020 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Executed in Duplicate Bond Number: PB03081700491 Premium: $16,380.00 Premium is for contract term and is EXHIBIT B subject to adjustment based on final contract price CITY OF NEWPORT BEACH BOND NO. PB03081700491 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,380.00 , being at the rate of $25.00 first $100,000 $15.00 for next thousand of the Contract price. $400,000 and $10.00 for remainder 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, but is not limited to: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special, Provisions, the Standard Specifications and all Contract related documents, and Appendices, 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 One Million Two Hundred Eighty Eight Thousand Twenty Five Dollars ($1,288,025.00) 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 S&H Civilworks Page B-1 exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, and Surety above named, on the S&H Civilworks Name of Contractor (Principal) this instrument has been duly executed by the Principal 19th day of October ,20 20. ``,o`\�i��ii�0�'�. ¢� A��' i SE - Aut rized Signature/Title = Og12412015 _ 41FO'\ Philadelphia Indemnity Insurance Company�(�,, Name of Surety Authorized Agent Signature' 251 S. Lake Ave., Suite 360 Pasadena, CA 91101 Address of Surety 626-639-1321 Telephone Laurie B. Druck, Attorney -in -Fact Print Name and Title S&H Civilworks Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I /2020 By: Az�- Wr 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 ofi�l L ,v�ss. On 2:Z 20 20 before me, G) (j � PY 5 OJ tui Notary Public, personally appeared ::� F- S S ,�vy C) ----- who proved to me on the basis of satisfactory evidence to be the persoro) whose namo) isMre subscribed to the within instrument and acknowledged to me that he/ahefthey executed the same in his/herAhV authorized capacity(io), and that by his/he#Hieir signatureso) on the instrument the person(j, 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.b GURPAL BAWA COMM. #2225859 „ ' NOTARY PUBLIC - CALIFORNIA m SAN BERNARDINO COUNTY MY Comm. Expires Jan. 15, 2022 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 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 OCT 1 9 2020 before me, Rebecca Elizabeth Adcock Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Rebecca Elizabeth Adcock �a r} COMMISSION # 2327252 ,i8t NOTARY PUBLIC - CALIFORNIA _ SAN BERNARDINO COUNTY My Comm. Fires: 3 -May -2024 Laurie B. D 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. WITNESS my han and official eal. ignature o Notary 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 O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here STME OF CALIFORNIA DEP W MENT 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 tinder 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 Glass, Liability, 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 Cal fornia. THIS CERTIFICATE is expressly conditioned upon the holder hereof noir and hereafter being in fitll compliance with all, and not in violation of any, of the applicable laws and last feel 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 aff`tzed this 14th day of October 2004 By John Gar-amendi for. Ida Zodrotr� Asst. Chief Depu NOTICE: Qualification with the Secretary of State must be accomplished as required by the Califo I <22oa62ns omp after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code -Section 701 and will be grounds for revoking this Certificate of Authority pursuant to the convenauts made in the application therefor and the conditions contained herein. FORM C6-3 `,nm -j OSP 00 39391 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, Melissa Schwartz 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 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. 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... DAY OF OCTOBER, 2017. (Seal) �- Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27`h 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. .?1•r4 i4K `4, ; : t 211"�, Nota Public: ; Q 7•.` 1:�� residing at: Bala Cynwyd, PA (Notary Seal) My commission expires: 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 ofAttorney 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 execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof l have subscribed my name and affixed the facsimile seal of each Company this 19th day of October 20 20 Edward Sayago, Corporate Secretary 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 and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an S&H Civilworks Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten S&H Civilworks Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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. 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 S&H Civilworks Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. S&H Civilworks Page C-4 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 From: Reyes, Raymund To: Morgan, Shelby Subject: FW: Compliance Alert -Vendor Number 7753-2 Date: Monday, November 23, 2020 8:44:04 AM -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: Friday, November 20, 2020 5:41 PM To: Reyes, Raymund <rreyes@newportbeachca.gov>; Insurance <insurance@newportbeachca.gov> Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7753-2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7753-2 S&H Civilworks Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach Page 1 Concrete Alley and Street Replacement (7753-2); bidding on September 22, 2020 10:00 AM (Pacific) Prirted 09/2212020 Bid Results Bidder Details Vendor Name S&H Civilworks Address 1801 Hilltop Drive Colton, CA 92324 United States Respondee Jesse Sotto Respondee Title Project Manager Phone 714-855-0909 Ext. Email jesse@sandhcivilworks.com Vendor Type License # 1008640 CADIR Bid Detail Bid Format Electronic Submitted September 22, 2020 9:58:11 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 228516 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Proposal S&HC Proposal S&HC.pdf General Attachment Bid Bond Bond. pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 I Mobilization, Demobilization. and Cleanup LS 1 $55,000.00 $55.000.00 2 Surveying: Staking and Monument Preservation LS 1 $25;000.00 $25,00000 3 Traffic Control LS 1 $25,000 00 $25,000.00 4 Remove Existing and Reconstruct 6" Thick Fiber Reinforced PCC Pavement SF 88400 $9.00 $795,600.00 5 Remove and Reconstruct 6" Thick PCC Alley Approach SF 800 $20.00 $16.000.00 City of Newport Beach Page 2 Concrete Alley and Street Replacement (7753-2); bidding on September 22, 2020 10:00 AM (Pacific) Printed 09i222020 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove Existing and Construct 6" Thick Fiber Reinforced PCC Patchback SF 300 $2000 $6,000.00 7 Excavate Roadway 6" Deep SF 2445 $5.00 $12,225.00 8 Construct 2" Thick AC Finish Course TON 12 $700.00 $8,400.00 9 Construct 4" Thick AC Base Course TON 24 $500.00 $12.000.00 10 Install 4" Diameter Bollard on Private Property EA 1 $1,000.00 $1,000.00 11 Remove and Reconstruct 4" Thick PCC Concrete Sidewalk SF 2300 $12.00 $27,600.00 12 Remove Existing and Construct 6" Thick PCC Private Driveway SF 2500 $15.00 $37,500.00 13 Remove Existing and Install 2' Wide by V Deep Full Depth AC TON 60 $250.00 $15;000.00 14 Remove and Reconstruct PCC Curb and Gutter LF 130 $60.00 $7,800.00 15 Remove and Reconstruct Variable Height PCC Curb LF 10 $60.00 $600.00 16 Remove Existing AC Patch and Construct Decorative PCC to Match Existing Imrprovements Around Edison Box SF 6 $500.00 $3,000.00 17 Remove and Reconstruct PCC Alley Gutter SF 200 $3000 $6.000.00 18 Remove and Reconstruct 8" Thick PCC Cross Gutter SF 850 $30.00 $25,500.00 19 Remove Existing Palm Tree EA 1 $1,500.00 $1,500.00 20 Remove Existing and Install New Sewer Cleanout to Grade EA 202 $300.00 $60,600.00 21 Remove Existing and Install New 1" Water Meter Box and Cover to Grade EA 348 $250.00 $87.000.00 City of Newport Beach Concrete Alley and Street Replacement (7753-2), bidding on September 22, 2020 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 22 Adjust Manhole Frame and Cover to Grade EA 9 $500.00 23 Remove Existing and Install New Water Valve Box and Cover to Grade EA 30 $500.00 24 Remove Existing and Construct 12"x12" Seep Drain and Grate Inlet EA 1 $3;500.00 25 Install Inductive Traffic Loop Detectors EA 5 $1 000 00 26 Pavement Legends and Markings 27 Construct Crushed Miscellaneous Base 28 Final Redline As -Built Plans Subcontractors Name & Address Description Traffic Loops Crackfilling, Traffic Loops Inc. 946 S. Emerald Street Anaheim, CA 92804 United States Cat Tracking, Inc. Striping and Pavement 2950 Rubidoux Boulevard Marking Riverside. CA 92509 United States LS 1 TON 480 LS 1 License Num 652956 991122 $7,500.00 $40.00 $5,000.00 Subtotal Total CADIR 1000003794 1000011750 Page 3 Printed 09122;2020 Line Total Comment $4.500.00 $15,000.00 $3.500.00 $5:000.00 $7,500.00 $19,200.00 $5,000.00 51,288,025.00 $1,288,025.00 Amount Type $5,000.00 DGS,DBE,CADIR $5,000 00 CADIR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE ALLEY AND STREET REPLACEMENT PROJECT NO. 21R07 CONTRACT NO. 7753-2 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 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 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 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 15 SECTION 200 — ROCK MATERIALS 15 200-2 UNTREATED BASE MATERIALS 15 200-2.1 General 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 15 201-2 REINFORCEMENT FOR CONCRETE 16 201-2.2 Steel Reinforcement 16 201-2.2.1 Reinforcing Steel 16 SECTION 203 — BITUMINOUS MATERIALS 16 203-6 ASPHALT CONCRETE 16 203-6.5 Type III Asphalt Concrete Mixtures 16 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 16 214-4 PAINT FOR STRIPING AND MARKINGS 16 214-4.1 General 16 214-6 PAVEMENT MARKERS 16 214-6.3 Non -Reflective Pavement Markers 16 214-6.3.1 General 16 214-6.4 Retroreflective Pavement Markers 16 214-6.4.1 General 17 PART 3 - CONSTRUCTION METHODS 17 SECTION 300 - EARTHWORK 17 300-1 CLEARING AND GRUBBING 17 300-1.3 Removal and Disposal of Materials 17 300-1.3.1 General 17 300-1.3.2 Requirements 17 SECTION 302 - ROADWAY SURFACING 18 302-5 ASPHALT CONCRETE PAVEMENT 18 302-5.1 General 18 302-5.8 Manholes (and Other Structures) 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.7 Traffic and Use Provisions 18 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 19 DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.4 Joints 19 303-5.4.1 General 19 303-5.5 Finishing 19 303-5.5.2 Curb 19 303-5.5.4 Gutter 19 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 19 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-2.1 General 19 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-4.1 General 19 314-4.2 Control of Alignment and Layout 20 314-4.2.1 General 20 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 20 314-4.4.1 General 20 314-4.4.2 Surface Preparation 20 314-5 PAVEMENT MARKERS 20 314-5.1 General 21 PART 6 - TEMPORARY TRAFFIC CONTROL 21 SECTION 600 - ACCESS 21 600-1 GENERAL 21 600-2 VEHICULAR ACCESS 21 600-3 PEDESTRIAN ACCESS 22 SECTION 601— WORK AREA TRAFFIC CONTROL 22 601-1 GENERAL 22 601-2 TRAFFIC CONTROL PLAN (TCP) 22 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 23 SECTION 700 - MATERIALS 23 700-5 TRAFFIC SIGNAL MATERIALS 23 700-5.8 Detectors 23 SECTION 701— CONSTRUCTION 24 701-17 TRAFFIC SIGNAL CONSTRUCTION 24 701-17.6 Detectors 24 701-17.6.3 Inductive Loop Detectors 24 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS ;1� Q, fj15- � ,m JO CONCRETE ALLEY AND STREET REPLACEMENT PROJECT NO. 21 R07 ATF aF -: CONTRACT NO. 7753-2 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 -7003-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/government/departments/public-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: SECTION 1 - TERMS DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS Add the following definition: City - City of Newport Beach Page 1 of 24 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class A General Engineering Contractor's 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, but is not limited to, (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, cross gutters, curb and gutter, and private driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping, pavement markers, and traffic detector loops; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) installing new bollard and concrete foundation; (10) removing existing hardscaping, pavement, and landscaping as needed for contract work; and (11) and other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications and all Contract related documents, and Appendices. 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 shall: 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 Page 2 of 24 the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 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. The design surveyor for this project for Assessment District 117 Alleys is Coast Surveying, Inc., and can be contacted at (714) 918-6266. The design surveyor for this project for Lido Village Water Main Area is DMS Consultants Civil Engineers, Inc., and can be contacted at (714) 740-8840. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 -hours in advance of any work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs 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. Page 3 of 24 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 and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost (prior to any markups) may be added by the Contractor. 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 Page 4 of 24 allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Page 5 of 24 Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification from this construction phasing plan shall be submitted to the Engineer for approval prior to bid opening. 2. Sidewalks, curb and gutters and alley approaches shall be the first order of work. 3. Each phase shall be completed and opened to the public within ten (10) consecutive working days. 4. 38th Street is the only access road to Newport Island and shall remain open to vehicles and pedestrians at all time during construction. Contractor will be required to provide all necessary traffic control measures, including flagmen at all times (24 hours per day) during concrete curing period. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 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. Unless otherwise approved by the Engineer, construction shall start within three (3) weeks from the contract award date. 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) Page 6 of 24 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (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. In accordance with Section 6-1.1, the Contractor shall complete each phase within ten (10) consecutive working days from the first day of demolition to the last day when the street or alley is open to vehicular traffic. If any phase is not completed within the allotted time, an additional liquidated damage of $1,000 will be assessed for each consecutive calendar day until completion of the phase. 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 Page 7 of 24 actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. 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. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must Page 8 of 24 be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. 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 Page 9 of 24 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing Page 10 of 24 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, Staking and Monument Preservation: 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, preliminary grades, final grades, all horizontal alignment, as -built field notes, establishing centerline ties, adjusting survey monuments, filing pre- and post - construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (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 Remove Existing and Reconstruct 6" Thick Fiber Reinforced PCC Pavement: Work under this item shall include, but not be limited to, removing, and disposing of the existing alley or street pavement, base and sub -base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -inch thick fiber reinforced, Type III PCC alley/street pavement over compacted native per City of Newport Beach STD -141-L, installing joint filler, doweling and joining edges of the existing and proposed alley or street pavement, restoration of any private improvements damaged during construction, and all other work necessary to complete in place. Typical slot paving at AC pavement join location along private property lines shall also be included under this bid item. All slot paving exceeding 1' in width due to poor or raveled join connections, or that are noted on the plans for replacement shall be paid for under separate bid item. All costs associated with grading existing dirt or base at the edge of the alley (including removal and disposal of any existing headers and regardless of grading width) shall also be included under this bid item and no additional compensation will be allowed. Item No. 5 Remove and Reconstruct 6" Thick PCC Alley Approach: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing improvements and excavated materials, grading and compacting subgrade, constructing 6 -inch thick PCC alley approach over 4 inches of compacted crushed miscellaneous base, doweling and joining the edges of the existing and proposed alley approach„ restoring all existing Page 11 of 24 improvements damaged by the work, and all other work items as required complete the work in place. Item No. 6 Remove Existing and Construct 6" Thick Fiber Reinforced PCC Patchback: Work under this item shall include, but not be limited to, identifying the limits of and removing and disposing of the existing private improvements/pavement, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing 6" thick fiber reinforced Type III PCC pavement over compacted native ground per City of Newport Beach STD -141-L, installing joint filler, restoration and cleaning of any private improvements damaged during construction, and all other work necessary to complete work in place. Item No. 7 Excavate Roadway 6" Deep: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for saw cutting and removing existing pavement, base and subgrade material to a depth of six inches, hauling and disposing the excavated material offsite, and all other work items as required to complete the work in place. Item No. 8 Construct 2" Thick AC Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course, protection of adjacent surfaces, and all other work items as required to complete the work in place. Item No. 9 Construct 4" Thick AC Base Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for compacting the subgrade material, applying a tack coat, spreading and compacting the asphalt concrete base course, protection of adjacent surfaces, and all other work items as required to complete the work in place. Item No. 10 Install 4" Diameter Bollard on Private Party: Work under this item shall include, but not be limited to, installation of bollard, removing and disposing of existing improvements, and all costs associated for required installation shall be included under this bid item. Item No. 11 Remove and Reconstruct 4" Thick PCC Concrete Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sidewalk, grading and compacting subgrade, constructing concrete sidewalk, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct 6" Thick PCC Private Driveway: Work under this item shall include, but not be limited to, removing and disposing of the existing driveway approach and excavated materials, sub -grade compaction, constructing the 6" thick PCC private driveway per City of Newport Beach STD -163-L, and all other work necessary to complete work in place. The location of private driveway Page 12 of 24 improvements will be determined in field in consultation with City Inspector. Contractor shall coordinate with City and property owner ahead of demolition. Item No. 13 Remove Existing and Install 2' Wide by 1' Deep Full Depth AC: Work under this item shall include, but be limited to, removing and disposing the existing asphalt concrete, base and subgrade, installing full depth AC, and all other work items as required to complete the work in place. Item No. 14 Remove and Reconstruct PCC Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete curb and gutter, grading and compacting subgrade, reconstructing existing curb openings and curb drains, constructing Type "A" concrete curb and gutter per City of Newport Beach STD -182-L to join existing improvements with the proposed finished surface of the street, constructing asphalt concrete slot paving adjacent to curb and gutter, re -chiseling the curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Remove and Reconstruct Variable Height PCC Curb: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete curb or curb and gutter, grading and compacting subgrade, constructing variable height Type "B" concrete curb per City of Newport Beach STD -182-L to join existing improvements with the proposed finished surface of the alley, constructing asphalt concrete slot paving adjacent to curb, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Remove Existing AC Patch and Construct Decorative PCC to Match Existing Improvements Around Edison Box: Work under this shall include, but not be limited to, removing of existing AC patch and construction of improvements to match existing around the Edison box. Item No. 17 Remove and Reconstruct PCC Alley Gutter: Work under this item shall include, but not be limited to, removing and disposing of the existing improvements, constructing PCC alley gutter on 6" crushed miscellaneous base, doweling and joining edges of the existing and proposed alley gutter, restoration of any private improvements damaged during construction, and all other work necessary to complete the work in place. All costs associated with the saw cutting, backfill, and paving of the 2' wide slot pave at lip of gutter shall be included under this bid item. Item No. 18 Remove and Reconstruct 8" Thick PCC Cross Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete cross gutter and spandrels, grading and compacting crushed miscellaneous base, doweling and joining the edges of the existing and proposed cross gutter, constructing concrete cross gutter, constructing asphalt concrete slot paving adjacent to cross gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page 13 of 24 Item No. 19 Remove Existing Palm Tree: Work under this item shall include, but not be limited to, trimming, removing and disposing of the tree, grinding of the tree roots and trunk below ground per the Greenbook requirements, backfill of the resultant void with on-site or Contractor provided backfill soil, and all other items required for the removal of the existing tree. Item No. 20 Remove Existing and Install New Sewer Cleanout to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material to remove existing sewer cleanout box, furnish and install new cleanout box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 21 Remove Existing and Install New 1" Water Meter Box and Cover to Grade: Work under this item shall include, but not be limited to, removing and replacing existing water meter boxes with new 1" water meter box per City Standards, including obtaining new meter box and adjusting to the final grade, and all other work items as required to complete the work in place. Item No. 22 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade, including verification and setting of warped flow line around the manhole, and all other work items as required to complete the work in place. Item No. 23 Remove Existing and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 24 Remove Existing and Construct 12" x 12" Seep Drain and Grate Inlet: Work under this item shall include but not be limited to all labor, tools, equipment and material costs for removing existing drain and construct new seep drain and grate inlet per detail on plans, restoring all existing improvements damaged by the work and all other work items as required to complete the work. Item No. 25 Install Inductive Traffic Loop Detectors: Work under this item shall include, but not be limited to, all labor and material to install traffic loops, types per plan and connect into existing termination pull box, and all other items of work as required to complete the work in place. Item No. 26 Pavement Legends and Markings: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, installing temporary and permanent pavement Page 14 of 24 striping, markings and markers, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 27 Construct Crushed Miscellaneous Base: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for compacting the subgrade material, spreading and compacting crushed miscellaneous base underneath alley/street pavement or sidewalk, protection of adjacent surfaces, and all other work items as required to complete the work in place. The precise location, payment and quantity will be determined in the field in consultation with the Engineer. Item No. 28 Final Redline As -Built Plans (FIXED): Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland Cement Concrete shall be Class 560-C-4000, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley and street pavement. Contractor shall use minimum 4 -inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch rock concrete for the Engineer's approval. Page 15 of 24 201-2 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 -B2 -PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers Page 16 of 24 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, 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 sawcut. Final removal between the sawcut lines may be accomplished by the Page 17 of 24 use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Page 18 of 24 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 patchback shall be placed within 72 hours following concrete placement. 303-5.4 Joints 303-5.4.1 General The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. The Contractor shall be required to use a "green saw" to saw the initial control joint (longitudinal and transverse) in the concrete on the same day as 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. 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. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Page 19 of 24 Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the concrete street/alley pavement has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No Street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS Page 20 of 24 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 -ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved Page 21 of 24 by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY" signs are available from the Engineer. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, 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 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. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades Page 22 of 24 at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 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. 9. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads, especially once the existing surface is removed. Concrete shall be placed by pumping from adjacent streets. 10. The Contractor shall meet with Edison (SCE), Charter Communications, and AT&T to coordinate the adjustment of the respective utility owner facilities to grade within the project limits. Prior coordination with SCE, Charter Communications, and AT&T will be required to schedule SCE, Charter Communications, and AT&T forces on site, respectively, to adjust each utility owner's facilities to the proposed grade. The Contractor shall provide a minimum five (5) day notice to the affected utility prior to starting demolition on each alley segment to schedule and coordinate the work to be completed within the 10 -day maximum timeline allowed from start of demolition to completion of each alley segment. 11. The Contractor shall verify that the horizontal location of the telephone and cable television pull boxes such that they are in uniform alignment from the centerline. The horizontal distance of these pull boxes shall be a minimum of 18 -inches or a maximum of 24 -inches from centerline, where applicable, and as determined by the Engineer. 12. The Contractor's work, traffic control, and phasing shall comply with the construction phasing plan provided in Appendix A. PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 — MATERIALS 700-5 TRAFFIC SIGNAL MATERIALS 700-5.8 Detectors Page 23 of 24 Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. SECTION 701 — CONSTRUCTION 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17.6 Detectors 701-17.6.3 Inductive Loop Detectors All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days after placement of pavement finish course. 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