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
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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
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STATS OFCALIFORNIA
DERkRTNIENT OF INSUR--kNCE NQ 079?-'
SANF'RANCISCO
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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
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TFIIS CERTIFIC'NI E is CV.M-Css"'.1; and 1wrk"llf
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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
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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
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[All';l;;I[)1 to tile in Ow ther,'l. r s id 0:.
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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.
Page 24 of 24
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