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C-7879-1 - Civic Center Park Pathway Replacement
CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 i 949-644-3039 Fax newportbeachca.gov October 12, 2022 Civic Construction Associates Attn: Timothy Hall 79 Daily Drive #171 Camarillo, CA 93010 Subject: Civic Center Park Pathway Replacement — C-7879-1 Dear Mr. Hall: On October 12, 2021, 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 November 9, 2021, Reference No. 2021000676339. The Surety for the contract is Old Republic Surety Company and the bond number is WNC5928304. Enclosed is the Faithful Performance Bond. Sincerely, Leilanil. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. WCN5928304 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,650.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Civic Construction Associates hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; and, installing and curing new stabilized decomposed granite pathways, 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 Old Republic Surety 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 Hundred Fifty Five Thousand Dollars ($155,000.00) 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 wili faithfully perform the same, in an amount not 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. Civic Construction Associates Page B-1 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 9th day of October ,20 20 . Civic Construction Associates Name of Contractor (Principal) Auth rii Sig Kature/Title Old Republic Surety Company Name of Surety 14728 Pipeline Avenue, Suite E Chino Hills, CA 91709 Address of Surety (909)367-2015 Telephone APPROVED AS TO FORM: CITY ATTOfi OFFICI Date: �L_/ )_ L 7 Authorized AgentSignature Andrew Sysyn, Attorney -in -Fact Print Name and Title By:A Aa on . Harp oa City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR. AND SURETY MUST BE ATTACHED Civic Construction Associates Page B-2 ACKNOWL EDiair7EivT 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 \e YthA rOi ) ss. On Jcinvi(I 2� 20 21 before me, lFf-m'io P Smi t h Notary Public, personally appeared m h I. lAeA t ory who proved to me on the basis of satisfactevide ce 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. ������_����������������� ' FEEIc1A a sMmi WITNESS my hand and official seal. s i.~ ' muctA#2278920 smirrm "z , , xornnyWENW-cusowan My ComnWWcn ExpIn s 02/25/2029 ' ;1111111111111#pBill 11III III uuu IF 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 Orange ss. On October 9 , 20 20 before me, Maria Sysyn, Notary Public Notary Public, personally appeared Andrew Sysyn 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. WITNES hand and official seal. Signature MnRla SYSYN CalifCa Notary Puou: ornia bg orange County (seal) � Commission a 2311715 My Comm. Expires Nov 7, 2023 Civic Construction Associates Page B-3 OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW At L MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint. Andrew Sysyn of San Juan Capistrano, CA its true and lawful Altorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby. and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president. any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or hi) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duty authorized attorney -in -fact or agent; or (in) when duly executed and sealed (if a seal be required) by one or more attorneys -in -tact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 9th day of October 2020 -s�Ac.,. OLD REPUBLIC SURETY COMPANY oe SEAL _ a = aui.,am Secre�a , President STATE OF WISCONSIN. COUNTY OF WAUKESHA- SS On this 9th day of October 2020 , personally came before me, Alan Pavli and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. g4B"e Nlva Public My Commission Expires: September 28, 2022 CER I IFICAI E (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolutions of the board of directors set forth in the Power of Attorney. are now in force. ,4 7199 SEAL ; Signed and sealed at the City of Brookfield. WI this 9th day of October 2020 Artisan Bonding & Ins Services LLC 1 0.ssis � �t Secrets I o FOvlo June 21, 2022 Civic Construction Associates Attn: 'Timothy Hall 79 Daily Drive #171 Camarillo, CA 93010 Subject: Civic Center Park Pathway Replacement - C-7879-1 Dear Mr. Hall: On October 12, 2021, 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 November 9, 2021, Reference No. 2021000676339. The Surety for the bond is Old Republic Surety Company and the bond number is WCN5928304. The Labor and Material Bond is being released after the 65 days due to Stole Notice on the project. Enclosed is the Labor & Materials Payment Bond. Sincerely, I 1 R Leilani I. Brown, MMC City Clerk I{nclosur0 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN5928304 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Civic Construction Associates hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; and, installing and curing new stabilized decomposed granite pathways, 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, Old Republic Surety 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 Hundred Fifty Five Thousand Dollars ($155,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the 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 Civic Construction Associates Page A-1 required by and in accordance with the provisions of Sections 9500 at 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 9th day of October , 20 20. Civic Construction Associates Name of Contractor (Principal) Old Republic Surety Company Name of Surety 14728 Pipeline Avenue, Suite E Chino Hills, CA 91709 Address of Surety (909) 367 2015 Telephone APPROVED AS TO FORM: CITY ATT_O,RNEY'S OFFICE Date: 1i Authorized Signaturerritle Authorized Agent Signature Andrew Sysyn, Attorney -in -fact Print Name and Title By Aar_ — - 6rtC. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT Civic Construction Associates Page A-2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ } ss. On 20 before me, _ Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �nunnuuauuuuononnnn� 7 WITNESS my hand and official seal. _ FEIICIAA.SMrrH COMM. N2278M NOTARY MO-13-awNnRNK WAYURACOUNTY is My Ca Ia on ExpIM 02/252023 v e e e e n u u u u w u n u u m u u u e e• 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 Orange ss. On Octo er 20 20 before me, Maria Sysyn, Notary Public Notary Public, personally appeared. Anew Sysyn 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. MARIA SYiY N Nolai public ialilnmia ---Signature (�',� o,,lna, r> ,ny (seal) ��c winmlinwn 1111I I15 MY Gsntm, rxpne� Nov /, 2023 Civic Construction Associates Page A-3 OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY - LIESE. PRESENTS: That OLD REPUBLIC SURETY COMPANY. a Wisconsin stock Insurance corporation doe, make, mnsfihite and appoint Andrew Sysyn of San ,loan Capistrano, CA its True and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18.1982. RESOt VE.D that, the president. any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint .attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings. recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (I) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or or when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed if a seal ba required) by a duly authorized attorney -In -fact or agent: or iiii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-tact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. fI SOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or ;:ertiftcation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company, and such >idnature and seal when so used shall have the same force and effect as though manually affixed. IN WI I NESS WHEREOF, OLD REPUBLIC SURETY COMPANY affixed this 9th _ day of October -1 WISCONSIN, COUNTY OF WAUKESHA - SS has caused these presents to be signed by its proper officer, and its corpa:ne seal to be, _ 2020 tl's�)nFrt OLD REPUBLIC SURETY COMPANY y SEAL (his 9gr day of October 2020 , personally came before me., -_ Alan Pavlic Karen ,1 Haffner to me known ht be the individuals and officers of the OLD REPUBLIC SURETY COMPANY wh( r xracuted the above ins(ntment, and they each acknowledged the execution of the same and being by are duly sworn, (lid severally depose and say: that icy sn the said officers of the corporation aforesaid, and that the seal affixed to the above lush'unten(is Ire seal of (he corporation, and that said corporate seal Wit Iha.0 signature.., as such olfic ens were only affixed and _ ubsrnbed to the said Instrument by the authority of the board of directors of said corpombon- N.n-... ;i�aYAAy'.. -r- i NnFuy Pnblir. My Commission E.xplres- September 28 2022 c,t: I II Ir:A 1- (Expiration of notary's commission does not invalidate this instrument) I. the. Indervupte i, a>;:istani :ecsctay of the OLD REPUBLIC SURELY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing And arached )t An'm,y :n full !"rice and L,v not heel revoked, end fudho;nnore fief Ire Resolutions of the bodul of directors set forth in the I'rwer of si!'n ir'V. are now In fowe. • vn ! 4 i 199 5%A11 `signed and sealed at the City of Bronstein! WI this 9th day Of October 2020 A rtlsan Bonding & his Services L.I_c UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT (CA CIVIL CODE $ 8138) NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM. Identifying Information: Name of Claimant. GRANITECRETE, Inc.__ Name of Customer: Civic Construction Associates, Ino. Job Loraiion.. 100 Civic Center Drive, Newport Beach, CA _ Owner City of Newport Beach Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for ell labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant be a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived mid releaswi by this document, unless listed as an Exception below. The claimant has been paid in full. ExcepBons This document does not affect the following. Disputed claims for extras m the amount of $ WA SIGNATURE Claimant's Signature: Claimants Title: Date of Signature: © Porter Law Group, Inc. 2019 /'�_ - Geoff S ilh; President, Technical Adviser n b ns —771 O �I-q �-- 'i ,iw f 71 N N Batch 12359353 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIII�I� III IIII IIII III 11[1]111f llII11I111 NO FEE j8 R 0 0 1 3 3- . 3 1+ 021000676339 9:49 am 11109121 227 NC -5 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 Civic Construction Associates, Camarillo, California, as Contractor, entered into a Contract on September 22, 2020. Said Contract set forth certain improvements, as follows: Civic Center Park Pathway Replacement - C-7879-1 Work on said Contract was completed, and was found to be acceptable on October 12, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Old Republic Suretv. n M City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and Correct to the best of my knowledge. Executed on at Newport Beach, California. RW littps://gs.secLire-recording.com/Batch/Confirmation/12359353 11/09/2021 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 Civic Construction Associates, Camarillo, California, as Contractor, entered into a Contract on September 22, 2020. Said Contract set forth certain improvements, as follows: Civic Center Park Pathway Replacement - C-7879-1 Work on said Contract was completed, and was found to be acceptable on October 12, 2021, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Old Republic Surety. n Public Wofrks-Directok- City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �ID�� at Newport Beach, California. LOW Citv Clerk STOP PAYMENT NOTICE -PUBLIC WORKS LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (CA CIVIL CODE 1§8044,9350 elseq,) TO THE PUBLIC ENTITY. _ _ _ _ TO THE DIRECT CONTRACTOR: (CA Civil Code §§ 8036, 9354) (CA Civil Code § 8018) CONTROLLER, AUDITOR, OR PUBLIC DISBURSINA In G City of Newport Beach LilVtf 60IIDYL IIC Works 79 Daily Drive #171 100 Civic Center Drive Camarillo CA 93010 Newport Beach CA 92660 JUL 14 2021 TO THE LENDER, SURETY OR BONDING COMPANY: TO THE CUSTOMER OR BUYER: (CA Civil Code § 8006) -- Received -- NIA SAME AS DIRECT CONTRACTOR YOU ARE HEREBY NOTIFIED THAT GRANITECRETE INC., 18715 VASQUEZ COURT, SALINAS CA 93908, MATERIAL SUPPLIER, HAS FURNISHED WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING GENERAL DESCRIPTION: INSTALLATION OF GC PATHWAY, FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA: Project: CIVIC CENTER PATHWAY RENOVATION Project location: 100 CIVIC CENTER DRIVE, NEWPORT BEACH CA 92660 THE PERSON OR FIRM TO WHOM SUCH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL IS PROVIDED: CCA INC., 79 DAILY DRIVE 9171, CAMARILLO CA 93010 THE VALUE OF THE WHOLE AMOUNT OF WORK, LABOR, SERVICES, EQUIPMENT ANDIOR MATERIALS TO BE PROVIDED IS: $45,000.00. THE VALUE OF WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL PROVIDED TO DATE IS: $45,000.00. THE CLAIMANT HAS BEEN PAID THE SUM OF $0.00 AND THERE REMAINS UNPAID AFTER DEDUCTING ALL JUST CREDITS AND OFFSETS THE SUM OF $45,000.00, TOGETHER WITH INTEREST AT THE RATE OF 2% PER MONTH FROM JUNE 6, 2021, WHICH IS CLAIMED BY THIS NOTICE. UNDER CALIFORNIA CIVIL CODE § 9358 YOU ARE REQUIRED TO SET ASIDE SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST, COURT COSTS AND REASONABLE COSTS OF LITIGATION, AS PROVIDED BY LAW. YOU ARE ALSO NOTIFIED THAT CLAIMANT CLAIMS AN EQUITABLE LIEN AGAINST ANY CONSTRUCTION FUNDS FOR THIS PROJECT WHICH ARE IN YOUR HANDS. DATE: JULY 6, 2021 NAME OF CLAIMANT: GraniteCrate Inc 18715 Vasquez Court, Salinas CA 93908 §e: 800- 70- 49 z -M670.0949 BY Jordi Grant, Ag VERIFICATION I, Jordi Grant, state: I am the Authorized Agent of the claimant named in the foregoing STOP PAYMENT NOTICE - PUBLIC WORKS, i qWAR ENT NOTICE - PUBLIC WORKS and know the contents thereof, the same is true of my own knowledge. I rjur under the laws of the State of California that the foregoing is true and correct. a set California by Jordi Grant, Agent PROOF OF SERVICE DECLARATION (CA Civil Code §§ 8100-8118) I,Jordi Grant, Authorized Agent, declare that I served copies of the above STOP PAYMENT NOTICE- PUBLIC WORKS, By Certified Mail addressed to each of th parties at the address shown above on JULY 6, 2021. 1 declare under penalty of perjury under the laws of the St�te.af-Gehf' a is th Nt foregoi are and correct. Signede i Ca alifornia by Jordi Grant Agent REQUEST FOR NOTICE OF COMPLETION OR CESSATION (For Public Works CA Civil Code § 9362) To: CONTROLLER, AUDITOR, OR PUBLIC DISBURSING OFFICER City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 Along with this REQUEST FOR NOTICE OF COMPLETION OR CESSATION, you have been served a STOP PAYMENT NOTICE, in accordance with California Civil Code sections 8044 and 9350 et seq., for the building, structure, or other work of improvement located at: Project: CIVIC CENTER PATHWAY RENOVATION Project Location: 100 CIVIC CENTER DRIVE, NEWPORT BEACH CA 92660 This public work is being performed pursuant to the Original Contract entered into between you and CCA INC., 79 DAILY DRIVE #171, CAMARILLO CA 93010, the direct contractor for this improvement. In accordance with California Civil Code § 9362, enclosed is the sum of TEN DOLLARS ($10.00), in the form of a check or money order, to cover the cost of notification of completion or cessation. Please send a notice of completion or cessation to the undersicned. Dated JULY 6, 2021 for GraniteCrete Inc., 18715 Vasquez Court, Salinas CA 93906 Phone: 800.670.0849 Fax •0649 BY Jordi Grant, Agent PROOF OF SERVICE DECLARATION I, Jordi Grant, Authorized Agent, declare that 1 served copies of the above REQUEST FOR NOTICE OF COMPLETION OR CESSATION, By Certified Mail, addressed to each of the parties at the address shown above on JULY 6, 2021. 1 declare under penally of I erjury under the laws of the State of California that the foregoing is true and correct. Signed s Cali rnia n JET 2&21. U Jordi Grant Agent for GraniteCrete Inc. File #: 3446 [CA][PUBLICI [COPY:EST] I Customer: CCA Inc. Notice Requested by and Return to: I P.O. #: GraniteCrete Inc. I Project: Civic Center Pathway Renovation I Rec ID: A10E81A9-A660-4889-9C3B-986763598699 18715 Vasquez Court I Job N: 20434 SALINAS, CA 93908 [ Cert No.: 7019228000019104 3j5] CALIFORNIA PRELIMNARY NOTICE - PUBLIC WORKS mets xo7i¢ is ower asasusse m c,inceza cn,zi rem ss eosum, szoa, euaa-sus, eaos .t ..a., sszz, esoo .t e. y.; » TO THE PUBLIC ENTITY OR REPUTED City of Newport Beach 100 Civic Center Drive NEWPORT BEACH, CA 92660 CNB Public Works >> TO DIRECT OR REPUTED CONTRACTOR CCA. Inc. 79 Daily Drive #171 JUN 14 2021 CANARILLD, CA 93010 Received 1. The following is a general description of the labor, service, equipment or materials furnished or to be furnished by the undersigned: Installation of GC Pathway 2. The estimated amount of the work provided or to be provided is $45,000.00 3. The name of the person or entity who furnished that labor, service, equipment or materials is: eranitecrete Inc. 18715 Vasquez Court SAUNAS, CA 93908 Relationship to Parties: Material Supplier » TO LENDER, SURETY OR BONDING CO. OR 4. The name of the person or entity who contracted for >> REPUTED LENDER, SURETY, BONDING CO. purchase of that labor, service, equipment N/A or material is: CCA Inc. 79 Daily Drive #171 CANBRILLO, CA 93010 5. The description of the jobsite is: Civic Center Pathway Renovation 100 Civic Center Drive NEWPORT BEACH, CA 92660 County of ORANGE REQUEST FOR COPY OF PAYNENT BOND AND NANB OF SURETY COMPANY TO CONTRACTING BODY: City of Newport Beach or State Comptroller The undersigned Claimant hereby declares that he has supplied or will supply labor or materials as described above, that payment has not yet been made therefore; and that he hereby requests that the contracting body furnish a certified copy of the Payment Bond, if any, to the Claimant, at the address listed above, and the current address of the contracting public entity. I declare that I am authorized to file this Claim on behalf of the Claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury D t the foregoing is true and correct. Executed at Cassel, California on 06/10/2021 for GRANITECRET NC.. Prepared by: Jordi Grant, Agent ho : (BUD) 70-0849 Fax: (800) 670-0849 PROOF OF SERVICE BY NAIL AFFIDAVIT I declare that I served the Preliminary Notice, and any related documents, by certified or registered mail, postage prepaid, or other certified delivery, addressed to the above named parties, at the addresses 1,,ted above, on 06/10/2021. I declare under penalty of perjury that the foregoing is true and cc nt. en ted at Cassel, California on 06/10/2021. Prepared y: Jordi Grant, Agen STOP PAYMENT NOTICE -PUBLIC WORKS LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (CA CIVIL CODE 1§804,93m el seq.) TOTHEPUBLIC ENTITY. TO THE DIRECT CONTRACTOR: _ (CA CMI Code §§ 8036, 9354) - -- (CA Civil Code§8018)_ - �- CONTROLLER, AUDITOR, OR PUBLIC DISBURSING OFFICER CCA Inc. City of Newport Beach 79 Dally Drive #177 1 DO Civic Center Drive Camarillo CA 83010 Newport Beach CA 92680 TO THELENOER SURETY OR BONDINGCOMPANY,__ (CA Civil Code § 8008) - TO THE CUSTOMER OR BUYER._ NIA SAME AS DIRECT CONTRACTOR YOU ARE HEREBY NOTIFIED THAT GRANITECRETE INC., 18715 VASQUEZ COURT, SALINAS CA 93908, MATERIAL SUPPLIER, HAS FURNISHED WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING GENERAL DESCRIPTION: INSTALLATION OF GC PATHWAY, FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA: Project: CIVIC CENTER PATHWAY RENOVATION Project Location: 100 CIVIC CENTER DRIVE, NEWPORT BEACH CA 92000 THE PERSON OR FIRM TO WHOM SUCH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL IS PROVIDED: CCA INC., 79 DAILY DRIVE #171, CAMARILLO CA 93010 THE VALUE OF THE WHOLE AMOUNT OF WORK, LABOR, SERVICES, EQUIPMENT ANDIOR MATERIALS TO BE PROVIDED IS: $45,000.00, THE VALUE OF WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL PROVIDED TO DATE IS: $45,000.00. THE CLAIMANT HAS BEEN PAID THE SUM OF $0.00 AND THERE REMAINS UNPAID AFTER DEDUCTING ALL JUST CREDITS AND OFFSETS THE SUM OF $45,000.00, TOGETHER WITH INTEREST AT THE RATE OF 2% PER MONTH FROM JUNE 6, 2021, WHICH IS CLAIMED BY THIS NOTICE. UNDER CALIFORNIA CIVIL CODE § 9358 YOU ARE REQUIRED TO SET ASIDE SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST, COURT COSTS AND REASONABLE COSTS OF LITIGATION, AS PROVIDED BY LAW. YOU ARE ALSO NOTIFIED THAT CLAIMANT CLAIMS AN EQUITABLE LIEN AGAINST ANY CONSTRUCTION FUNDS FOR THIS PROJECT WHICH ARE IN YOUR HANDS. DATE: JULY6,2021 NAME OF CLAIMANT: GraniteCrate Inc 18715 Vasquez Court, Salinas CA 93908 e: 600. TO. 49 x -86p-670.0849 BY Jordl Grant, Ag R VERIFICATION I, Jordi Grant, state: I am the Authorized Agent of the claimant named in the foregoing STOP PAYMENT NOTICE - PUBLIC WORKS. I have read said STO PAYMENT NOTICE - PUBLIC WORKS and know the contents thereof, the same is true of my own knowledge. I dedare under penalt of perju under the laws of the State of California that the foregoing is true and correct. cute L; 21 a sal California by Jordi Grant, Agent PROOF OF SERVICE DECLARATION (CA Civil Code §§ 8100-8118) 1, Jordi Grant, Authorized Agent, declare that I served copies of the above STOP PAYMENT NOTICE- PUBLIC WORKS, By Certified Mail addressed to each of th parfies at the address shown above on JULY 6, 2021. 1 declare under penally of perjury under the laws of the Stbd"e Galifer is th ttl foregoi . and correct. Bignsd- tCa aliforme by Jordi Grant, Agent REQUEST FOR NOTICE OF COMPLETION OR CESSATION To: (For Public Works CA Civil Code 1 9362) CONTROLLER, AUDITOR, OR PUBLIC DISBURSING OFFICER City of Newport Beach 100 Civic Center Drive Newport Beach CA 92660 Along with this REQUEST FOR NOTICE OF COMPLETION OR CESSATION, you have been served a STOP PAYMENT NOTICE, in accordance with California Civil Code sections 8044 and 9350 at seq., for the building, structure, or other work of improvement located at: Project: CIVIC CENTER PATHWAY RENOVATION Project Location: 100 CIVIC CENTER DRIVE, NEWPORT BEACH CA 92660 This public work is being performed pursuant to the Original Contract entered into between you and CCA INC., 79 DAILY DRIVE #171, CAMARILLO CA 930101 the direct contractor for this improvement. In accordance with California Civil Code § 9362, enclosed is the sum of TEN DOLLARS ($10.00), in the form of a check or money order, to cover the cost of no00cation of completion or cessation. Please send a notice of completion or cessation to the undersigned. Dated JULY 6, 2021 for GraniteCrete Inc.318715 Vasquez Court, Salinas CA 93908 Phone: 800-670.0849 Fax BY Jordi Grant, Agent PROOF OF SERVICE DECLARATION I, Jordi Grant, Authorized Agent, declare that I served copies of the above REQUEST FOR NOTICE OF COMPLETION OR CESSATION, By Certified Mail, addressed to each of the parties at the address shown above on JULY 6, 2021. 1 declare under penalty of. perjury under the laws of the State of California that the foregoing is true and correct, a,.....w_. n____1.._I._ f� .... k' - __. Jordi Grant Agent for GraniteCrete Inc. CNS ou 13OX2"GTIONPRELIEN8 PAPERWORK C sa57-47" ra-ozaa ON..eoThe{� 1 Z� n-W98CA of aEWft7PVE 6A� vuaua ankOfAmerlca aqJP.' ACH IAC roa P 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 27th day of August, 2020, at which time such bids shall be opened and read for CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 $190,000 Engineer's Estimate James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=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 Classification(s) required for this project: "A" or "C-8" For further information, call Tom Sandefur, Prosect Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/onIine-services/bids-rfps- vendor-registration City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONSTO 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 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7879-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office 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 bidder's 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. 3 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, 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 prevailling 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 CaNfomia Labor Code — including, but not hmited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq_ of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)). 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has beenviewed. 994455 "A" and "C-27" % Contractor's License No. & Classification Aut ' ed Signatur /Title PW -LR -1000411013 6/30/2021 August 25, 2020 DIR Registration Number R Expiration Date Date Civic Construction Associates a.-1 5 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of On 4%u1t11`1 -24 f �7'J before me, t i"'1�{ " N r yr✓,�� Date Here Insert Name and Title o the Offic personally appeared f,`` k�A), Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name�81 is/subscribed to the within instrument and acknowledged to me that he/54&Mey executed the same in his/l�hreir authorized capacity(ipsT, and that his/ eir signaturepron the instrument the persor)p5'j, or the entity upon behalf of which the person acted, executed the instrument. � 1ANDICE MARIE GOMEZ SANTOS y � , Notary Public - California = Ve,itura County ; 1 , Commission k 2282772 My Comm. Expires Mar 25, 2023 Place Notary Seat and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CL Signature of Notary Public wl . lwav , Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: '92019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Ngwport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7979-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of amount bid Dollars ($ 10% of Bid _ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Civic Center Park Pathway Replacement Contract No. 7879-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is.executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hand; this 14th day of August 2020. Civic Construction Associates - Name of Contractor (Principal) i Author `e gnature/Title The Ohio Casualty Insurance Company��- Name of Surety Authorized Ag nt Signature 790 The City Drive S *200 Orange, CA 92868 ,address of Surety -(114) 6? 20-1572_��� Telephone Andrew Sysyn Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal Surety must be attached) 6 Liberty mutum, SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8198132 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Pamela Goetsch. Andrew all of the city of Huntington Beach state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of December 2018 . Liberty Mutual Insurance Company INS �JQ4 &The Ohio Casualty Insurance RPo gR4yc yJQ4°aP°Rq�9y �P�oa ° gRQyo Company W—American Insurance Company i J3 Foto IT Foo pd Fore o3 1912. 0Z1919�o a 1991 0 / � > -0 � Yd� �sgCHUS�.aa y� �NAMPsa .dad `d+ �NOIANP ,aa aa) ey * ra Hyl * >N �M * t•� By: �. David M. Carey, Assistant Secretary State of PENNSYLVANIA > =3County of MONTGOMERY ss a) On this 7th day of December , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes = D > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Co LU . _ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ( a a� o 0 Q) 4:' tF. � COMMONWEALTH OF PENNSYLVANIA � Nolanal Sealdo ',��_,. Teresa Pastella, Notary Public ,�z�� O` n3 !`R� Upper Mellon Twp.. Montgomery County i By: \ My commission Expires March 28.2021 " ?�, E ,l��r }tr ' �� Teresa Pastella, Notary Public O W j. 3, 4 �ij ti Member. Pennsylvama Assotlalion of Notaries d O a; This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o .S Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: o (D tti ARTICLE IV–OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in wrifing by the Chairman or the President, and subject to such limitation as the Chairman or the v_ >, President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > o M c any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall t N > a) have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such +0O Zinstruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the M provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 0 0 ARTICLE XIII – Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, F- shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation – The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization – By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of August , 2020 . PV INSUyq P�(V INS& INSURq J `pNPOgar Ln yJ 6°PPO�T�2 VP4oaPo�r yo J S� I'O to Q $ FO CI rY :' FO Qn 2 1912 0 0 1919 0 2 1991 Z o s o Y� 9?4t,l, 1 .( a ��� RA MPe�� D� �'s �N0111N0' dad By: Renee C. Llewellyn, Assistant Secretary dg�� * y4* LMS -12873 LMIC OCIC WAIC Multi Co 062018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :rs:csr,�c���c,��'.�Ctx �.�1;s:s n�a.��,r:Cs:f�,;�'�;Cs.���'x:X�h:f%:fi��?6�fls:�sc>��!�:��Cr�zC>�iaS.'�tC6 C�:s�•C�i`5�.;S�s:��:S�:���-&:�'r&1�"� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 8/14/2020 Date before me, Maria Sysyn, Notary Public Here Insert Name and Title of the Officer personally appeared Andrew Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, comniptinn this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual . ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: %C,`z%C"c�c?rX`t%f /.:. ;�L CY„C?;C'r�C`i%C>c�¢',C:eCe'.G e�LQ_re LTcz;c;L'eti %G.Q: %��cr�;'i:? "crrrG .'/4 v".;;lie>.C`erre"c'4'c_-C-:C•S:Z.'cGeGv CKiX,� 02014 National Notary Association - www. NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 MARIA SYSYN Notary Public - California Z*my Orange County Commission # 2311715 Comm. Expires Nov 7, 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, comniptinn this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual . ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: %C,`z%C"c�c?rX`t%f /.:. ;�L CY„C?;C'r�C`i%C>c�¢',C:eCe'.G e�LQ_re LTcz;c;L'eti %G.Q: %��cr�;'i:? "crrrG .'/4 v".;;lie>.C`erre"c'4'c_-C-:C•S:Z.'cGeGv CKiX,� 02014 National Notary Association - www. NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ---- - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif�q /Imii ) County of On11Vq 2a}9, t) before me, �[��� ►la�I �►1�� G �QIC�, Date . , . , , Here Insert Name and Title of the O er personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso whose namis/� subscribed to the within instrument and acknowledged to me that he/s, egf executed the same in his/har/iieir authorized capacityki.esl-, and that by his/I}erltfieir signature,(s°jon the instrument the person*, or the entity upon behalf of which the perso(Wacted, 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. CAND'CE MARIE GOMEZ SANTOS .' Notary Pub,iC California ^' rF i''r Ve itura County > Signature 44� Commission # 2282772 �, a-'gnature of Notary Public My Comm.Cmrni_xpires Mar 25, 2023 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 DESIGNATION OF SUBCONTRACTORS) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Civic Construction Associates Bidder A A,A --4A Autff6rized Sign ure/Title CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document - State of California �� County of �1C1-^"'� � �J On �� �%� before me, �' "`�% ,� i1v� I `i�tL, Date jam, 1 Here Insert Name and Title of he Offcef WW A� l`_1 personally appeared / � 1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personwhose nam4) is/subscribed to the within instrument and acknowledged to me that he/sj�ey executed the same in his/ tr authorized capacityUe< and that by his/ ieir signature;Kon the instrument the person*r or the entity upon behalf of which the person(?(acted, executed the instrument. rNCANDICE MARIE GOMEZ SAN Notary PubuC - Ca!ifornla = Ventura County > Commission # 2282772 -� My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature — d� . Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 22019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer – Title(s): ❑ Partner – ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7879-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name Civic Construction Associates 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 excess of $150,000 per project, please provide the following information: No. 1 Project Name/Number Berylwood Skate Park Project Description Construction of 6,000 SF Skate Park, all concrete, ramps, benches, Grading > trical, Tree Remova Approximate Construction Dates: From April 10, 2020 To: August 15, 2020 Agency Name Rancho Simi Recreation and Park District Contact Person Tom Evans Telephone (805) 297-6434 Original Contract Amount $ 835,000 Final Contract Amount $ 835,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 2 Project Name/Number Westlake Village Dog Park Project Description Grading, Excavation, Shade Structure, Mow Curb, Sidewalks, Foundation Slab, Kip -Kap, Sewer Street Hook-up, DG Pathways, Landscaping, Trrigation, Amenties Approximate ConstructiorMRAP140m 6/23/2020 To: Agency Name City of Westlake Village Contact Person Michael Bustos, CPM, PE Telephone ( 81$ 356-5589 Original Contract Amount s898,000 Final Contract Amount $ 8,00011 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Project Name/Number Lake Piru Guard Station Improvements Project Description Fire Hydrant, Structural Footing and Foundation, Blockwall, Security Gates Water, Electrical, Asphalt,Concrete, striping, Demontilo—n-TExcavation Approximate Construction Dates: From 4/19 To: 8/19 Agency Name United Water Conservation Agency Contact Person Adrian Quiroz, PE Telephone (805 535-5746 Original Contract Amount $ $383,000Final Contract Amount $ 383,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 11 No. 4 Project Name/Number Long Beach Airport Monument Sign Installation of FDA Entrance Sign, Landscaping, Irrigation, Sump Pump, Project Description Electrical, Parking Garage Letters, Horizontal Drilling Approximate Construction Dates: From 5/2019 Agency Name Long Beach Department of Airports To: 9/2019 Contact Person Brook Corney Telephone (9091583-1159 Original Contract Amount 412000 Final Contract Amount $505,000 If final amount is different from original, please explain (change orders, extra work, etc.) Airport decided to convert the fiber plass monument at entrance to a stainless steel Wing Design Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims_ NO No. 5 Project Name/Number Country Trail Park Project Renovation of 9 Playgrounds, ADA, Sidewalks, New Wood CHips, 30,000 SF Project Description of DG Paths, Landscaping, Curbs, Demolition, ADA Parking lot improvements Approximate Construction Dates: From Agency Name City of Moorpark Contact Person Jon Turner 10/19 To: 3/20 Telephone (8051850-8562 Original Contract Amount $386,000 Final Contract Amount $ 423,000 If final amount is different from original, please explain (change orders, extra work, etc.) Decided to add Hydroseed, installation of Swings set, additional concrete and DG Paths Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO 12 No. 6 Project Name/Number Student Quad Improvements Demolition, Grading, Concrete Seat Walls, 30,000 Sr Sod all, Underground Project Description Drainage System, Steel Structure, Stairs, Landscaping, Irrigation, DG Placement , Stooping, , Approximate Con struction115a1tes: From 4/20 To: Agency Name Ojai Unified High School District Contact Person Alan White Telephone (80 ) 412,000 412,000 Original Contract Amount $ Final Contract Amount $ 701-4231 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%, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal the Contractor's current financial conditions. Civic Construction Associates Bidder 13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califgrni� a, _ County of / , JANOn before me, ' `�(`'� Date Nara Incart Nnma nnrl Title- of tAa Off _ r personally appeared (m A. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personXwhose nam) is),are subscribed to the within instrument and acknowledged to me that he/s4e}tfTe-y executed the same in his eir authorized capaci%ie<j and that b Is/ ieir signatuMs)-on the instrument the personh<or the entity upon behalf of which the person acted, executed the instrument. u Y rANDICE MARIE GOMEZ SANTOS Notary Public -California Ventura County > Commission, 112282772 My Com T. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature yr � ivnr�� Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other- Signer ther Signer is Representing: '92019 National Notary Association Number of Pages: Signer's Name.- ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Ventura ) Timothy Hall being first duly sworn, deposes and says that he or she is CEO/President of Civic Construction Associates—, 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 depositary, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State 4 California that t oregoing is true and correct. Civic Construction Associates /A:: � �__ Bidder Authoriz cl ignat re/Title \ Subscribed and sworn to (or affirmed) before me on this day of "1l , 2020 proved to me on the basis of satisfactory evideno4EAo be the perso 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. Notary Public [SEAL] /' \ CgvpICE MARIE GOMEZ SANTOS rnia Notary Pubiic • Califcrnia .� 'tll z5y 3 VenturaCocnty My Commission Expires. �{> � Cornmrssion q 2282772 \ t. , `� My co,,,,,,. Expires Mar 25, 2023 14 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7879-1 DESIGNATION OF SURETIES Bidder's name Civic Construction Associates 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): Artisan Bondina and Insurance, Andrew Syne 19931 McAuther, Costa Mesa, CA 1-949-292-3353 The Ohio Casualty Insurance Company - Performance/Bid/Payment Bonds 15 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Civic Construction Associates 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 9 a 13 4 3 3 Total dollar Amount of Contracts (in Thousands of $) 2,200,000 1,890,000 1,543,000 900,800 1,202,221 689,000 8,425,021 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 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 Business Address: Business Tel. No.: Civic Construction Associates 79 Daily Drive, #171 Camarillo, CA 93010 805-551-5211 State Contractor's License No. and Classification: 994455 "A" and "C-27" Title General Engineering and Landscaping— The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title August 25, 2020 CEO/President Timothv Hall August 25, 2020 Secretary Timothy Hall 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 he provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. jNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California �,�p� County of 'IC/' 1' �'M`'1 On h � YryY j P,)a before me, N4(j A)� t C0OII`�T SO(1 � Alt(i Date .1 . Here Insert Name and Title of the Officer personally appeared -TW6A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose nam is/xg"subscribed to the within instrument and acknowledged to me that he/sFj*Aff-ey executed the same in his/4&F&r9Jr authorized capacity(jK, and that by his/ ieir signatureK on the instrument the person(s); or the entity upon behalf of which the person /acted, executed the instrument. "ANDICE MARIE GOMEZ SANTOS Notary Public California Ventura County Y, Commission p 2282772 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public yr I IVI\ML Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: J2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Civic Construction Associates 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 August 3, 2020 18 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7879-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Civic Construction Associates Business Address: 79 Daily Drive, #171 Camarillo, CA 93010 Telephone and Fax NuMAP5-551-5211/ Fax. 805-482-7009 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 7/9/2014 Expiration Date: 994455 "A" and "C-27" 07/31/2022 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: Julian Michael Contreras, Albert P. Weigand 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 Timothy Hall CEO/President 120 Estaban Drive, Camarillo, CA 93010 818-404-7475 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; NONE Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor coiance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes pk vi 20 Are any claims or actions unresolved or outstanding? Yes Q 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. Civic Construction Associates Bidder (Pri t namle of Oviner or President of C (rporationxompany) Aut rued Sig /Title CEO/President Title Date On before me,(901U 4-W LOOA,�n-�� , Notary Public, personally appeared ' 1 , who proved to me on the basis of satisfactory evidence t be the person;Kwhose nameks'j is/subscribed to the within instrument and acknowledged to me that he/ jmh1M6y executed the same in his/ice it authorized capacity;] ,s , and that by his/ber?5_eir signature�Won the instrument the perso9K,, 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. rl� CANDICE MARIE GOMEZ SANTOS Notary Public in and for said State (SEAL) Notary Public California ; •_ Ventura County �yY Commission N 2282772 �My Cornm. Mar 25, 2023 A [xpires My Commission Expires. 21 City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 Contract No. 7879-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Proeerty. Casualty. Coverages shall be provided as specked in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CIT CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 CONTRACT NO. 7879-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 22nd day of September, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CIVIC CONSTRUCTION ASSOCIATES, a California corporation ("Contractor"), whose address is 801 Walker Avenue, Camarillo, CA 93010, 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 removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; and, installing and curing new stabilized decomposed granite pathways (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. 7879-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Fifty Five Thousand Dollars ($155,000.00). 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 Timothy Hall to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 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 Civic Construction Associates Page 2 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 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Timothy Hall Civic Construction Associates 79 Daily Drive #171 Camarillo, CA 93010 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 Civic Construction Associates Page 3 service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 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 Civic Construction Associates Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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 Civic Construction Associates Page 5 Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 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. Civic Construction Associates Page 6 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the 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. Civic Construction Associates Page 7 On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract 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. Civic Construction Associates Page 8 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] Civic Construction Associates 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: a7 By: __�'kj P, - &' — Arn C.Ha City Attorney tna ATTEST: I� Date: •% . ��r�� CITY OF NEWPORT BEACH, a California municipal corporation Date: By: �1 Brad yor CONTRACTOR: CIVIC CONSTRUCTION ASSOCIATES, a California corporation Date: By: Signed in Counterpart Timothy Lloyd Hall Chief Executive Officer/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Civic Construction Associates 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: T )3y: Arn C.Ha City Attorney ,n0�a0 ATTEST: Date: CITY OF NEWPORT BEACH, aCalifornia municipal corporation Date: By: Will O'Neill Mayor CONTRACTOR: CIVIC CONSTRUCTION ASSOCIATES, a California corporation Date: 2d By: By: Leilani 1. Brown y Lloyd all City Clerk Chief Executive Officer/;Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements Civic Construction Associates - --- -- Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. WCN5928304 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Civic Construction Associates hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; and, installing and curing new stabilized decomposed granite pathways, 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, Old Republic Surety 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 Hundred Fifty Five Thousand Dollars ($155,000.00) 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, with and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the 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 Civic Construction Associates Page A-1 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 9th day of October , 20 20. Civic Construction Associates Name of Contractor (Principal) Old Republic Surety Company Name of Surety 14728 Pipeline Avenue, Suite E Chino Hills, CA 91709 Address of Surety - � &_,j -1 -4 c Authori ' ignature/Title G Authorized Agent ignature Andrew Sysyn, Attorney -in -Fact Print Name and Title (909) 367-2015 Telephone APPROVED AS TO FORM: CITY ATT RN Y'FFICZ Date: By: Aa C. Harp pa - City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT Civic Construction Associates Page A-2 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 \je nwt,( a }ss. On �Url1.4 CA %-�4 Z t_D , 20 'L:l_ before me, f e 6 (:"_ A ° S Notary Public, personally appeared 'T%nnu 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J I1I 111111101 UOp /011II1p I/1tI Ri FELICIA A. SMITH �' ' ip COMM. #2278920 Z "s y .,, NOTARY PUBLIC•CAUFOR kA VENTURA COUNTY My Commission Expires 02/25/2023 7 71111111111 1111111111111111 11111 I I111! (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 Orange Iss. On October 9 , 20 20 before me, Maria Sysyn, Notary Public Notary Public, personally appeared Anew Sysyn 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 hand and official seal. Signature MARIA SYSYN �= .Notary Public - California ' _ = Orange County n (seal) Commission x 2311715 oa" My Comm. Expires Nov 7, 2023 Civic Construction Associates Page A-3 OLD REPUBLIC UR ETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint. Andrew Sysyn of San Juan Capistrano, CA its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed, l"his appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. ,'[its Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18.1982. RESOLVED that, the president: any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the cornpany to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company () when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary: or (il) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 9th day of October 2020 eyL suafr ., OLD REPUBLIC SURETY COMPANY J W G AATE O a SEAL.-, ' '96' Y Secreta * President STA"fE OF WISCONSIN, COUNTY OF WAUKESHA- SS On this 9th daV of October 2020 personally came before me, __ Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that They are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation, 01A,9 *a Notary Public k, My Commission Expires: September 28, 2022 CER IIFICATF: (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached f'mver of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 2 `aAAOA,.F c October 2020 747199 SEAL >' , Signed and sealed at the City of Brookfield, WI this til day of n r C8, Y 4 i, *,'..#-,- Artisan Bonding & Ins Services LLC EXHIBIT B CITY OF NEWPORT BEACH BOND NO. WCN5928304 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,650.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Civic Construction Associates hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; and, installing and curing new stabilized decomposed granite pathways, 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 Old Republic Surety 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 Hundred Fifty Five Thousand Dollars ($155,000.00) 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 taithfully perform the same, in an amount not 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. Civic Construction Associates Page B-1 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 9th day of October ,20 20 . A-- Civic Construction Associates Name of Contractor (Principal)Auth riz Sig ature/Title Old Republic Surety Company Name of Surety 14728 Pipeline Avenue, Suite E Chino Hills, CA 91709 Address of Surety (909) 367-2015 Telephone APPROVED AS TO FORM: CITY ATTO�JEY�'S OFFICI Date: 'L _/ )_ Z M Authorized Agen ignature Andrew Sysyn, Attorney -in -Fact Print Name and Title A C", �. Ur Aa on . Harp �2 oa� City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Civic Construction Associates Page B-2 ACKNOWLEuDGj10EIN'- 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 \N a1 ,A rcl } SS. On jCAMAUru 1. 9 , 20 21 before me, Fe11c►U IA'Srn► 1� Notary Pub Icl personally appeared I t who proved to me on the basis of satisfactory evide ce to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1"l I Signature �mnmuoimnmannunn u FEUCIA A. SMITH S °yt ... COMM. #2278920 Z NOTARY PUBLIC • CAUFORNIA VENTURA COUNTY My Commisslon Expires 02/25/2023 �u�uuu111111111111611112111121111; 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 Oran e ss, On Octo er 9 20 20 before me, Maria Sysyn, Notary Public Notary Public, personally appeared Andrew Sysyn 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. WITNES hand and official seal. Signature MARIA SYSYN < Notary Public - California _ Orange County a ( seal) z Commission # 2311715 My Comm. Expires Nov 7, 2023 Civic Construction Associates Page B-3 01,D REPUBIAC SURETY COMPANY '............................_........................_......................................_............................................................................_....................................................... ._........... _.... _.............. _.......... _....... ...... POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation. does make, constitute and appoint: Andrew Sysyn of San Juan Capistrano: CA its True and lawful Attorney (s) "in -Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds; undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. rhiE: appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. .his Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (it when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (i.f a seal be required'') by a duly authorized attorney-in-fact or agent: or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. I E.SOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance: or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 9th day of October 2020 0,>c sunprl ,, J SEAL O pAt < ..................-... ..:...... .. ..--�.� P>>fATE Or WISCONSIN; COUNTY OF WAUKESHA- SS OLD REPUBLIC IwKSUETY COMPANY President On this 9th day of October 2020 , personally came before me, Alan Pavlic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. fa hoary Public --- ---- F My Commission Expires: September 28, 2022 C;t:i `IFICAI E (Expiration of notary's commission does not invalidate this instrument) i, the undersigned: assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore. that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. � SOY^UAA!E tG a L < 74 7199 SEAL , , Signed and sealed at the City of Brookfield, WI this � T Artisan Banding & Ins Services LLC 9th day of October 2020 l��t Serreta � --- 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. Coveraqe 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 Civic Construction Associates 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 Civic Construction Associates 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 Civic Construction Associates 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. Civic Construction Associates 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. Civic Construction Associates Page C-5 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Thursday, January 21, 20216:08 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7879-1 [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. 7879-1 Civic Construction Associates Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. City of Newport Beach CIVIC CENTER PARK PATHWAY REPLACEMENT 21 P12 Contract No. 7879-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7879-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: August 26, 2020 Date 806-551-5211/805-482-7009 Bidder's Telephone and Fax Numbers 994455 "A" and "C-27" Bidder's License No(s). and Classifications) PW -LR -1000411013 DIR Registration Number ccatennis@yahoo.com Bidder's email address: PR -1 Civir, Construction Associates CEO/President Bi fid p'"s Authoyrzed Signature and Title 79 Daily Drive, #171 Camarillo, CA 93010 Bidder's Address CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of \ a""'Y On PN' X\ h ; P),0 before me, Cla1`uo h?`� Da et Here Insert Name and Title of the Offs ee personally appeared *k\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor�'whose namois/subscribed to the within instrument and acknowledged to me that he4ey executed the same in his/�phefY authorized capacityVer§), and that his/ eir signature4won the instrument the persot� or the entity upon behalf of which the person acted, executed the instrument. LANDICE MARIE GOMEZ SANTOS i Notary Public • California ,�.`. Ventura County \ Commission x 2282772 My Comm. Expires Mar 25, 2023 Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature —CL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: <2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach Page 1 Civic Center Park Pathway Replacement 21 P12 (7879-1)., bidding on August 27, 2020 10:00 AM (Pacific) Printed 08/27/2020 Bid Results Bidder Details Vendor Name Civic Construction Associates Address 79 Daily Drive, #171 Camarillo, CA 93010 United States Respondee Timothy Hall Respondee Title CEO Phone 805-551-5211 Ext. Email ccatennis@yahoo.com Vendor Type License # 994455 CADIR Bid Detail Bid Format Electronic Submitted August 27, 2020 9:41:39 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 224702 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type GEneral attachements-all documents cca- General Attachment newportgeneralattach mentSCAN N E D20200826_23052183.p df Bid bond for Civic Center Park -original FED -X cca-newportbidbond scanned 20200826_16095244.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Bid Items 1 Mobilization LS 1 $25,000.00 $25:000.00 2 Traffic Control LS 1 $10,000.00 $10:000.00 3 Remove and Replace DG Pathway SF 20000 $6.00 $120.000.00 Subtotal $155,000.00 Alternative Bid Item 4 Remove and Replace Decomposed Granite Pathway Using Existing DG SF 20000 $8.00 $160.000.00 City of Newport Beach Civic Center Park Pathway Replacement 21P12 (7879-1), bidding on August 27, 2020 10:00 AM (Pacific) Bid Results Type Item Code UOM Subcontractors Name & Address Description Page 2 Printed 08/27/2020 Qty Unit Price Line Total Comment Subtotal $160,000.00 Total $315,000.00 License Num CADIR Amount Type Page 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CIVIC CENTER PARK PATHWAY REPLACEMENT 21P12 CONTRACT NO 7879-1 DATE: BY: --T TO: ALL PLANHOLDERS Ci gineer The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. LOCATION MAP See attached location map highlighting the pathway areas to be replaced. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. / mfw i7/4 /7wLCr Bidder's Name (Please Print) Date Au orize ignature & Title Attachments: - LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CIVIC CENTER PARK PATHWAY REPLACEMENT PROJECT NO. 21P12 CONTRACT NO. 7879-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7 S1ION 8"y MATERIALS t 80.- A�1QWAPING MATERIALS 800 f1��;3'Topsoil a1'Jr� 0 -1.1.1 General FF . SE&1t6Kl 801 - INSTALLATION 801-1 GENERAL 801-6 MAINTENANCE AND PLANT ESTABLISHMENT APPENDIX A: GRANITECRETE SPECIFICATIONS GUIDE LOCATION MAP AND RECORD DRAWINGS 15 15 15 15 15 15 16 17 18 At the time of the award and until completion of work, the Contractor shall possess an "A" or "C-8" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; installing and curing new stabilized decomposed granite pathways. Alternatively, the project can also utilize the existing decomposed granite pathways and crushing them on-site or off-site for use in the replacement pathways. 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 the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 18 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box, drainage grate, 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 Page 4 of 18 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 5:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 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. Page 6 of 18 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 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. Page 8 of 18 to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 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, temporary striping, and flag persons. 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. 3 Remove and Replace Decomposed Granite Pathway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing DG pathways, grading and compacting subgrade, constructing DG pathway, restoring all existing improvements and landscaping damaged by the work, and all other work items as required to complete the work in place. Alternative Bid Item A Remove and Replace Decomposed Granite Pathway Using Existing DG: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing, crushing, and preparing the existing DG pathways for reinstallation in the paths, meeting the grading requirements as shown in these specifications, grading and compacting subgrade, constructing DG pathway, restoring all existing improvements and landscaping damaged by the work, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. Page 10 of 18 200-2.7.3 Mock -Up. Install 20 square feet minimum of stabilized decomposed granite surfacing at a location approved by the Engineer. Allow the Engineer to view the mock-up before proceeding with the installation of the stabilized decomposed granite surfacing. The Approved mock-up may remain as part of completed Work. Any unapproved mock-ups shall be removed by the Contractor. 200-2.7.3 Delivery, Storage, and Handling. Protect stabilized decomposed granite mix from contamination. Store under cover. 200-2.7.4 Field Conditions. Decomposed granite surfacing shall be placed on compacted subgrade soils, as approved by the Engineer. Subgrade soils shall be compacted to a minimum 90 percent relative compaction at optimum moisture content. Do not install stabilized decomposed granite surfacing when subgrade is saturated. 200-2.7.5 Pre -Emergent Herbicide. All chemicals used for weed control shall be registered by the State of California Department of Food and Agriculture and the Environment Protection Agency with registration identification on the label. Label shall be at the job site at all times. All chemicals shall be applied in accordance with registered label instruction and manufacturer's recommendations. Chemicals requiring a licensed applicator must be applied by persons registered with the County of Orange Department of Agriculture's Commissioner's Office as possessing a current, valid California Qualified Applicator's License. The use of any restricted materials is forbidden unless a special use permit is obtained from the County of Orange Department of Agriculture. 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 Page 12 of 18 Stabilized decomposed granite material installation shall follow the "wet method" GraniteCrete Installation procedures found in Appendix A. Mixing ratio shall be "3 -bag Mixture" or eleven units of decomposed granite to one -and - one -half units of GraniteCrete admixture. Prior to installation, the surface on which stabilized decomposed granite surfacing is to be placed shall be compacted to a minimum 90 percent relative compaction and approved by the Inspector or Engineer. During installation a representative from GaniteCrete, Inc. shall be on-site to observe the installation. Grade and smooth to required elevation. Surface shall follow overall contours of landscape. Flat areas shall be crowned for drainage. Completed surface shall be of consistent quality and free of deleterious materials such as organic materials, nails, stones, and loose material. Surface shall not have depressions or humps greater than 1/4" in ten feet. Finished surface shall be smooth, uniform and solid. There shall be no evidence of chipping or cracking. Cured and compacted pathway shall be firm throughout profile with no spongy areas. Loose material shall not be present on the surface. Any significant irregularities in path surface shall be repaired to the uniformity of entire installation. Apply an additional application of pre -emergent herbicide per the manufacturer's recommendations. 301-7.2 Protection. Do not allow traffic on stabilized decomposed granite surfacing for five days after placement or until compacted stabilized decomposed granite has fully cured. Foot traffic after one day is acceptable. Protect stabilized decomposed granite surfacing from damage until Project completion. Repair damaged areas to match specified requirements. 301-7.4 Payment. Payment for the Decomposed Granite Pathways will be made at the unit price per Square Foot and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, backfill, grading and compacting the subgrade, herbicide spraying, stabilizer, blending, edging materials and installation, placing, watering, and compacting the decomposed granite, and as indicated on the Page 14 of 18 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruninq a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period for any plants damaged and replaced by the work shall be for a period of (90) calendar days. Page 16 of 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CIVIC CENTER PARK PATHWAY REPLACEMENT PROJECT NO. 21P12 CONTRACT NO. 7879-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 8 7-8.4 Storage of Equipment and Materials 8 7-8.4.2 Storage in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 9 9-3 PAYMENT 9 9-3.1 General 9 9-3.2 Partial and Final Payment. 10 PART 2 - CONSTRUCTION MATERIALS 10 SECTION 200 — ROCK MATERIALS 10 200-2 UNTREATED BASE MATERIALS 10 200-2.1 General 10 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 11 201-1 PORTLAND CEMENT CONCRETE 11 201-1.1 Requirements 11 201-1.1.2 Concrete Specified by Class and Alternate Class 11 201-2 REINFORCEMENT FOR CONCRETE 11 201-2.2 Steel Reinforcement 11 201-2.2.1 Reinforcing Steel 11 200-2.7 DECOMPOSED GRANITE. 11 200-2.7.1 General. 11 200-2.7.3 Mock -Up. 12 200-2.7.3 Delivery, Storage, and Handling. 12 200-2.7.4 Field Conditions. 12 200-2.7.5 Pre -Emergent Herbicide. 12 PART 3 - CONSTRUCTION METHODS 12 SECTION 300 - EARTHWORK 12 300-1 CLEARING AND GRUBBING 12 300-1.3 Removal and Disposal of Materials 12 300-1.3.1 General 13 300-1.3.2 Requirements 13 SECTION 301— TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 13 301-7 DECOMPOSED GRANITE. 13 301-7.1 Installation. 13 301-7.2 Protection. 14 301-7.4 Payment. 14 PART 8 — LANDSCAPING AND IRRIGATION 15 �0 r` t 5`11ON 8 MATERIALS 800tAhgAPING MATERIALS a, 800 �1j6psoil 410 0 .1`1.1 General SEC±'Ij6N 801 - INSTALLATION 801-1 GENERAL 801-6 MAINTENANCE AND PLANT ESTABLISHMENT APPENDIX A: GRANITECRETE SPECIFICATIONS GUIDE LOCATION MAP AND RECORD DRAWINGS 15 15 15 15 15 15 16 17 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CIVIC CENTER PARK PATHWAY REPLACEMEN' PROJECT NO. 21 P12 CONTRACT NO. 7879-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No.B-5289-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: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 18 At the time of the award and until completion of work, the Contractor shall possess an "A" or "C-8" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of removing the existing decomposed granite pathway; protecting, in place, various improvements including landscaping, drainage, and irrigation; installing and curing new stabilized decomposed granite pathways. Alternatively, the project can also utilize the existing decomposed granite pathways and crushing them on-site or off-site for use in the replacement pathways. 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 the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 18 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. 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 Page 3 of 18 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box, drainage grate, 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 Page 4 of 18 covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 35 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 on [date]. Normal working hours are limited to 7:00 a.m. to 5:30 p.m., Monday through Friday. Page 5 of 18 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 5:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 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. Page 6 of 18 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 $500.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. 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. Page 7of18 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 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. Page 8 of 18 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited Page 9 of 18 to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 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, temporary striping, and flag persons. 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. 3 Remove and Replace Decomposed Granite Pathway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing DG pathways, grading and compacting subgrade, constructing DG pathway, restoring all existing improvements and landscaping damaged by the work, and all other work items as required to complete the work in place. Alternative Bid Item A Remove and Replace Decomposed Granite Pathway Using Existing DG: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing, crushing, and preparing the existing DG pathways for reinstallation in the paths, meeting the grading requirements as shown in these specifications, grading and compacting subgrade, constructing DG pathway, restoring all existing improvements and landscaping damaged by the work, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. Page 10 of 18 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 200-2.7 DECOMPOSED GRANITE. 200-2.7.1 General. All decomposed granite shall have a 3/8" maximum gradation produced from naturally friable rock/granite with enough fines to produce a smooth walking surface. Materials should be free from clay lumps, organic matter, and deleterious materials. Blends of coarse sand and rock dust are not acceptable. The decomposed granite shall be "California Gold" by Decorative Stone Solutions (800- 699-1878) or approved equal. Alternative Material Specification: As an alternative to the above new material, the existing decomposed granite pathway is to be removed, crushed up, and blended with the binder to meet the specifications of the binder manufacturer. Aggregate binder shall be an admixture by GraniteCrete by GraniteCrete, Inc. or approved equal. P.O. Box 1574 Carmel, CA 93921 Phone: (800) 670-0849 Fax: (800) 670-0849 www.granitecrete.com Admixture color shall be "Natural Gold". Page 11 of 18 200-2.7.3 Mock -Up. Install 20 square feet minimum of stabilized decomposed granite surfacing at a location approved by the Engineer. Allow the Engineer to view the mock-up before proceeding with the installation of the stabilized decomposed granite surfacing. The Approved mock-up may remain as part of completed Work. Any unapproved mock-ups shall be removed by the Contractor. 200-2.7.3 Delivery, Storage, and Handling. Protect stabilized decomposed granite mix from contamination. Store under cover. 200-2.7.4 Field Conditions. Decomposed granite surfacing shall be placed on compacted subgrade soils, as approved by the Engineer. Subgrade soils shall be compacted to a minimum 90 percent relative compaction at optimum moisture content. Do not install stabilized decomposed granite surfacing when subgrade is saturated. 200-2.7.5 Pre -Emergent Herbicide. All chemicals used for weed control shall be registered by the State of California Department of Food and Agriculture and the Environment Protection Agency with registration identification on the label. Label shall be at the job site at all times. All chemicals shall be applied in accordance with registered label instruction and manufacturer's recommendations. Chemicals requiring a licensed applicator must be applied by persons registered with the County of Orange Department of Agriculture's Commissioner's Office as possessing a current, valid California Qualified Applicator's License. The use of any restricted materials is forbidden unless a special use permit is obtained from the County of Orange Department of Agriculture. 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 Page 12 of 18 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 Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 301 — TREATED SOIL, SUBGRADE PREPARATION, AND PLACEMENT OF BASE MATERIALS 301-7 DECOMPOSED GRANITE. 301-7.1 Installation. Excavate to depth required so edges of stabilized decomposed granite surface will match adjacent grades of curbing and have a maximum cross slope of 1 percent. Apply pre -emergent herbicide and post -emergent herbicide per the manufacturer's recommendations to the subgrade prior to installation. Page 13 of 18 Stabilized decomposed granite material installation shall follow the "wet method" GraniteCrete Installation procedures found in Appendix A. Mixing ratio shall be "3 -bag Mixture" or eleven units of decomposed granite to one -and - one -half units of GraniteCrete admixture. Prior to installation, the surface on which stabilized decomposed granite surfacing is to be placed shall be compacted to a minimum 90 percent relative compaction and approved by the Inspector or Engineer. During installation a representative from GaniteCrete, Inc. shall be on-site to observe the installation. Grade and smooth to required elevation. Surface shall follow overall contours of landscape. Flat areas shall be crowned for drainage. Completed surface shall be of consistent quality and free of deleterious materials such as organic materials, nails, stones, and loose material. Surface shall not have depressions or humps greater than 1/4" in ten feet. Finished surface shall be smooth, uniform and solid. There shall be no evidence of chipping or cracking. Cured and compacted pathway shall be firm throughout profile with no spongy areas. Loose material shall not be present on the surface. Any significant irregularities in path surface shall be repaired to the uniformity of entire installation. Apply an additional application of pre -emergent herbicide per the manufacturer's recommendations. 301-7.2 Protection. Do not allow traffic on stabilized decomposed granite surfacing for five days after placement or until compacted stabilized decomposed granite has fully cured. Foot traffic after one day is acceptable. Protect stabilized decomposed granite surfacing from damage until Project completion. Repair damaged areas to match specified requirements. 301-7.4 Payment. Payment for the Decomposed Granite Pathways will be made at the unit price per Square Foot and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, including excavation, backfill, grading and compacting the subgrade, herbicide spraying, stabilizer, blending, edging materials and installation, placing, watering, and compacting the decomposed granite, and as indicated on the Page 14 of 18 Plans, and for doing all the work involved and no additional compensation will be allowed. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Page 15 of 18 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT The maintenance and plant establishment period for any plants damaged and replaced by the work shall be for a period of (90) calendar days. Page 16 of 18 APPENDIX A: GRANITECRETE SPECIFICATIONS GUIDE Page 17 of 18 GraniteCrete M Permanent. Permeable. Natural. ® www. gran itecrete.corn Page 1 of 16 GraniteCrete Specification Guide CRUSHED AGGREGATE BLENDED WITH GRANITECRETE ADMIXTURE SURFACING COORDINATE WITH DRAWINGS: Show location and extent of stabilized aggregate surfacing. Shove details required at adjoining materials and special conditions. The depth of base course and the thickness of stabilized aggregate surfacing can be either shown on the drawings or described in the specifications; edit this section carefully to avoid conflicting requirements. FOR MORE INFORMATION: Contact GraniteCrete Incorporated, www.granitecrete.com, email infoo)gran itecrete,com, or call (800) 670-0849. PART 1: General 1.1 SUMMARY A. Section Includes: Crushed aggregate blended with GraniteCrete admixture surfacing B. Related Work: 1. Section - Earth Moving [fill in here]: Grading 2. Section - Base Courses [type]: Base Course 1.2 REFERENCES A. ASTM C136 -Sieve Analysis of Fine and Coarse Aggregates B. ASTM D2419- Sand Equivalent Value of Soils and Fine Aggregates C. Caltrans Standard Specifications for Public Works Construction D. RIS -Redwood Inspection Services Grades of California Redwood 1.3 SEQUENCING A. Do not install work specified in this section prior to acceptance of earth moving. Coordinate work specified in this section with work specified in other sections to minimize cutting of - and operation of - heavy equipment over newly -installed surfacing. B. Submit in accordance with Section [ ]--Submittal Procedures a. Manufacturer's product data sheet and installation instructions indicating that product complies with specifications for: i. Crushed aggregate blended with GraniteCrete admixture GraniteCrete Specification Guide Page 2 of 16 surfacing ii. Edging [ 1 b. Submit a quart jar size [ 1 sample[s] of crushed aggregate with admixture in colors] specified [in manufacturer's standard colors for selection]. c. Redwood Edging: Submit evidence of chain -of -custody in accordance with Forest Stewardship Council 1.4 QUALITY ASSURANCE/FIELD QUALITY CONTROL A. Installer qualifications: Installer to provide evidence to indicate successful installations of 25,000 square feet or more, with an additional 6,00o square feet per year in providing decomposed granite surfacing containing GraniteCrete admixture and/or ability to follow installation instructions. GraniteCrete Certified Installers can be found on our Website here: Professional Installation. Use of GraniteCrete Certified Installers is highly recommended. a. Materials shall comply with manufacturer's specifications. b. For projects being installed by other than a GraniteCrete Certified Installer, GraniteCrete strongly recommends the use of GraniteCrete personnel onsite to oversee the installation process. c. GraniteCrete, Inc. does not offer a warranty on any installation - even if completed by a Certified Installer - only on the product, bag -to -bag. B. Porous Base Rock Testing: 1. Testing shall occur during installation at [ 1 ton increments of shipping for sieve conformance. Results shall be submitted prior to completion of the stone base installation. a. The stone field area shall have a permeable rate no less than 14" per hour. For 3/8" minus stone, the permeable rate should be 2.7" per hour. The testing shall be per Din 8035 Part 7, ASTM 2434 (constant head), or ASTM F2898 testing methods. b. In addition to the lab testing, after installation of any aggregate base cross-section, designed to conduct rainfall to the sub -soils and/or under -drain system, the finished aggregate base shall be tested, in situ for infiltration rate, using method ASTM F2898. The test shall be performed by a registered Geotechnical Engineer or certified agronomist. 2. The Contractor is responsible to meet this performance specification, before proceeding with installation, and shall bear the cost of the on-site GraniteCrete M PPrmanPnt PPrmPah1P Nati iral GraniteCrete Specification Guide Page 3 of 16 testing and the cost of any additional work necessary to achieve compliance with the specification. 3. All test results shall be logged and documented by the Owner's Technical Representative or Geotechnical Engineer. If at any time the processed stone base does not meet specifications, it shall be the Contractor's responsibility to restore, at his expense, the processed stone base to the required grade, cross-section and density. 4. After the contractor has independently confirmed compliance with all the above tolerances (planarity and elevation verified by a licensed surveyor and compaction, gradation, & permeability verified by Geotechnical Engineer, he shall notify the appropriate party and schedule a final inspection for approval. The contractor shall make available an orbital laser system to the Inspection Team for the inspection process. 5. The compaction rate for porous base rock should be 88%. The compaction rate for non -porous base rock should be 95%. C. Standard Specifications: Shall mean the California Department of Transportation Standard Specifications, latest active edition. 1.5 MOCK-UP A. Construct mockup of [201 [ 1 square feet minimum of crushed aggregate blended with GraniteCrete admixture surfacing, including [base course and] edging, at location approved by [Architect] [Engineer] [Owner's Representative]. Build mockup [ 1 days prior to installation. Intent of the mockup is to demonstrate surface finish, texture, color and standard of workmanship B. Notify [Architect] [Engineer] [Owner's Representative] [ 1 days in advance of mockup construction. C. Allow [Architect] [Engineer] [Owner's Representative] to view and obtain approval of mock-up before proceeding with rest of crushed aggregate blended with GraniteCrete admixture surfacing. D. [Approved mock-up may remain as first in place construction] [Remove mock-up after acceptance of work specified in this Section.] 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver all GraniteCrete Admixture [bags] [bulk] materials in original, unopened packaging. Protect materials and aggregate from contamination with foreign matter. Store under waterproof cover and protect from dampness. 1.7 FIELD CONDITIONS GraniteCrete PPrmanPnt PPrmaah1P Nati iral GraniteCrete Specification Guide Page 4 of 16 A. Do not install crushed aggregate blended with GraniteCrete admixture surfacing When sub -base is Wet at saturated field capacity. B. Do not install GraniteCrete materials during rainy conditions or below 40 degrees Fahrenheit. PART 2: PRODUCTS 2.1 CRUSHED AGGREGATE BLENDED WITH GRANITECRETE ADMIXTURE SURFACING MATERIALS. A. Acceptance Manufacturer: 1. Specification is based on products by GraniteCrete, Inc. P.O. Box 1574 Carmel Ca. 93921 Phone: (800) 670-0849; Fax: (800) 670-0849 www.granitecrete.com GraniteCrete admixture is an all -natural product and does not contain oils, polymers, resins, or enzymes. 2. Substitutions: [Not allowed.] [Products by other manufacturers that comply with specifications will be considered in accordance with Section [ 1 - Instructions to Bidders. [ -Substitution Procedures. B. Decomposed Granite (DG), crushed aggregate. 1. DG shall have a 3/8" maximum gradation, produced from naturally friable rock/granite with enough fines to produce a smooth walking surface. Materials should be free from clay lumps, organic matter, and deleterious material. Blends of coarse sand and rock dust are not acceptable. 2. Use a single supply source for the entire quantity required. 3. Gradation, in accordance with ASTM C136: 4. Color: Should have gold to yellow hues. To be selected by [Architect] [Engineer] from manufacturer's standard colors, 5. Supplier: Vineyard Rock Products, Hollister, CA. - (831) 637-6443[Or equal]. C. Aggregate binder: Provide GraniteCrete Admixture. Color: [Natural Goldl GraniteCrete" PPrmanant Parmaahla Nati iral GraniteCrete Specification Guide Page 5 of 16 [Sonora Adobe] [Desert Sand] [Ash Gray] [Carmel Coast] 2.2 BASE COURSE MATERIAL A. Class II Permeable Base Rock. B. Soft stone materials (i.e. sandstone, limestone and shale materials) are not suitable. Stone supplier shall certify that all supplied stone Will be clean of this type of stone. All types of stone shall meet the following stability requirements. C. D. E. F. TEST METHOD CRITERIA LA Abrasion (Calif. Test 211) Not to exceed 40 Durability Index (Calif. Test 229) Not less than 40 In addition, if stone stability to Water and vehicles is in question, Owner has the right to perform additional testing to ensure material shall adhere to requirements of Caltrans Section 68, as well as additional applicable ASTM tests. All testing fees shall be paid for by the Contractor. Permeable Stone: Stone base materials shall be washed, 100% fractured, by mechanical means, with elongated characters on each individual particle Larger than 1/4". Materials shall be devoid of mineral fines. All particles smaller than 1/4" shall be produced by manufactured means only. Rounded sands or aggregates are prohibited. Delivery Moisture Content: Processed stone shall contain go% to 11o% of the optimum moisture content to ensure that fines do not migrate in transit or during placement and to facilitate proper compaction. The contractor shall ensure that aggregate leaving the source plant meet this requirement. The contractor is required to apply water to the processed stone on site to attain and maintain this minimum moisture content. Aggregate or aggregate blends of permeable stone shall conform to the following gradation: Sieve percent Passing by Sizes Weight' SIEVE Metric Intended Result Range (mm) 1" 25.0 100 100 3/4" 19.0 100 go -loo 3/8" 9.52 78 40-100 No.4 4.75 36 25-40 No.8 2.36 26 18-33 G ra n i to C rete" PPrmanPnt PPrmPahlP Nati iml GraniteCrete Specification Guide No. 30 o.600 11 No. 50 0,300 6 No. 200 0.075 2 Durability Index (CTM# 229) 40 min Sand Equivalent (CTM# 217) 70 LA Rattler (CTM# 211) AASHTO Test Method T-27 Page 6 of 16 5-15 2-10 0-5 5oo Revs, less than or = 40% G. Specs for 3/8" minus and 3/" minus Crushed Aggregate Following ASTM D 422-63/07; D 1140-14: l00% fractured on all sides with no rounded particles Sieve 200 - Non -expansive Clay Fines - not to exceed 18% The below test is for 3/8" minus stone, at approximately 90% compaction when tested, Graniterete Sieve Analysis Cumulative Percent Passing Sieve Size 11201 318!' #4 % Passing Sieve Ranges 100 100 95 98 85 90 #8 75 #15 55 #30 38 #50 24 #100 15 #200 9 #400 0 2.3 ACCESSORIES 85 70 57 33 24 18 9 GraniteCreteM PPrmanant PPrmPahla Nati wAl GraniteCrete Specification Guide Page 7 of 16 A. Water: Free from contaminants that would discolor or be deleterious to crushed aggregate blended with GraniteCrete admixture surfacing. Installation: Do not use a vibratory plate to compact the GraniteCrete. Use a lawn roller filled with Water to compact the GraniteCrete. Use a 36" riding or Walk -behind roller in static position for larger installations. B. [Steel [Edging]]: 1. Dimensions: 13/16111/411 1 thick by [4 -inch] [ 1 deep, With overlapping joints. 2. Stakes: 3/16" x 1-3/4" Wide at top tapering to point at bottom; located 36" o.c. maximum. 3. Finish: [Basked -on [green] [brown] [black] paint.] [Hot dipped galvanized.] C. [Redwood [Edging]]: 1. Material: RIS Merchantable Heart Grade [from sustainably managed forests as certified by the Forest Stewardship Council.] 2. Dimensions: Nominal [2x61 [ ] inches 3. Stakes: Steel, 3/16" x 16" long x 1-3/4" wide at top tapering to point at bottom; located 36" o.c. maximum. 4. Finish: Provide in color to be selected by [Architect) [Engineer] from manufacturer's standards. PART 3: EXECUTION 3.1 EXAMINATION A. Examine grading and subsoil conditions. Do not proceed until conditions are acceptable. 3.2 PREPARATION A. Excavation: Excavate to depth required so edges of crushed aggregate blended with GraniteCrete admixture surfacing will match adjacent grades and have a maximum cross slope of 1 percent. [Remove excavated soil from site.] B. Sub -grade Preparation: Comply with Caltrans Standard Specifications Section 301-1- "Sub -grade Preparation." C. Base Course Installation: Class II permeable base rock at 90% compaction. D. [Edging]: Install flush with crushed aggregate blended with GraniteCrete GraniteCrete M PPrmanPnt PPrmaahlP Nati iral GraniteCrete Specification Guide Page 8 of 16 admixture. Provide sufficient stakes to secure in place.] 3.3 INSTALLATION: There are two installation methods for GraniteCrete: "Dry" and "Wet." The dry method is for installations up to Soo square feet (most home applications). The wet method is for installations over Soo square feet (most large, commercial installations) and may require the use of a volumetric concrete truck. The following installation instructions have been developed to help ensure a blemish -free, high-quality installation. While GraniteCrete Looks similar to concrete, the installation of GraniteCrete follows a different procedure. For best results, foLLowi the instructions below carefully. For assistance, contact GraniteCrete, Inc. at 800-670-0849. Installation Depth (also known as "Lift") For residential/pedestrian applications, GraniteCrete is installed as a 3 -inch thick layer ("lift") over a 4 -inch subgrade of compacted Class II base rock. For commercial/light vehicular applications such as driveways, bicycle paths and cart paths, GraniteCrete is installed as a 4 -inch thick layer (lift) over a 6 -inch subgrade of compacted Class II base rock. Compaction rates for all applications are 88%-92%. Please note: GraniteCrete compacts approximately 1". Measurements An online calculator to assist you with estimating the amount of material needed to complete your project can be found on the GraniteCrete website here: https://www.granitecrete,com/job-estimator/ Please note this is only an estimator and GraniteCrete, Inc is not responsible for the quantity of materials at the job -site. GraniteCrete: Residential/ Pedestrian Application - (2 bag mixture) One cubic yard of aggregate/decomposed granite and two (85 lbs) sacks of GraniteCrete admixture combined covers 108 square feet at a 3 -inch thickness. Note: Aggregate/decomposed granite should be 3/8" minus material and follow our sieve percentages in this Specification Guide within a +/- 5% range. Commercial /Light Vehicular Application - (3 bag mixture) One GraniteCreteM PPrmAnPnt Parmaahla Nati PI GraniteCrete Specification Guide Page 9of16 cubic yard of aggregate/decomposed granite and three (85 lbs.) sacks of GraniteCrete admixture combined covers 82 square feet at a 4 -inch thickness. Note: Aggregate/decomposed granite should be 3/8" minus material and follow our sieve percentages in this Specification Guide Within a +/- 5% range. Class II Base Rock: Residential/Pedestrian Application - After final compaction, baserock should have a 4 -inch depth. Commercial/Light Vehicular Application - After final compaction, baserock should have a 6 -inch depth. Mixina Ratios GraniteCrete: Residential/Pedestrian Application - (2 bag mixture) The aggregate/decomposed granite (DG) is mixed With GraniteCrete admixture at an 11:1 ratio (eleven (11) units of DG to one (1) unit of GraniteCrete, measured in volume). This can be measured using "shovelfuls" (a "shovelful" is equivalent to so pounds) or other measuring methods; maintaining the 11:1 ratio is What is important. Commercial/Light Vehicular Application - (3 bag mixture) The ratio for commercial applications is eleven (11) units of decomposed granite to one -and -one-half (1.5) units of GraniteCrete admixture. Note: Depending on the mixing equipment available, it may be necessary to prepare GraniteCrete in batches. Batches can be measured using "shovelfuls" (a "shovelful" is equivalent to io pounds) or other measuring methods; maintaining the appropriate ratio is important. Installation Instructions - "Dry" Method i. Class II Base Rock: Moisten and compact base rock on entire installation area to an even depth of 4 -inch or 6 -inch, depending on residential or commercial application. A vibratory plate can be used to compact the base rock; it should not be used to compact the GraniteCrete for residential installations. 2. GraniteCrete: Wheelbarrow the prepared GraniteCrete/DG mixture to the installation site and place a layer of the mixture to one-half of the desired final lift. Be sure to spread the mixture out before proceeding to step 3; this will GraniteCrete" PPrmAnPnt PPrmPahIP Nati iral GraniteCrete Specification Guide Page 10 of 16 ensure the mixture is moistened and mixed thoroughly. 3. Moisten the material with a hose end trigger sprayer attachment, avoiding puddling - oversaturation is detrimental and Will negatively affect the integrity of the finished product. Rake area lightly to evenly distribute water throughout the mix or "lift". Walking on the area is perfectly acceptable; initial compaction can be performed by walking on the edges and corners. 4. Install a second lift as above; when doing this, make sure to pay particular attention to the edges to ensure even material height, and moisten to dampen mixture. 5. Moisten until both lifts are damp. Proper moisture content can be checked by clenching your fist around the GraniteCrete, when the mixture just stays together and the color just starts to transfer to your hand, GraniteCrete is ready to compact. 6. Compaction: After proper moisture is achieved for compaction, hand tamp (with a 10" hand tamp) around benches, sign posts, corners, boulders, et cetera. Pay particular attention to corners and edges to ensure tight compaction. 7. Make several passes with a 36" lawn roller (filled with water), or for larger installations, a 36" walk -behind or riding -roller in static position. Hand tamp out any imperfections with a 6" wooden masonry float. 8. Make sure to keep your 10" hand tamp, lawn roller, and wooden floats clean at all times. Fill in any divots with fresh, loose material (removing any larger stone) and hand tamp with the wooden floats to match existing finish. g. When laying GraniteCrete in batches, be sure to use the cold joint method below to ensure a blemish -free installation. 10. Finishing: If desired, lightly sweep finish surface with a medium bristled broom. Then make several more passes with the lawn roller until the desired surface texture is achieved. With larger installations, a roller in static position can be used, making sure to keep drum clean at all times. Remove spoils off the surface. 11. DO NOT ALLOW GRANITECRETE TO DRY DURING INSTALLATION. MIST LIGHTLY WITH A HOSE END SPRAY HEAD AS NECESSARY OR COVER WITH A PLASTIC TARP. 12. The final step for a GraniteCrete installation is a dampening with water of all newly -installed and compacted GraniteCrete materials. Using a shower head/spray hose attachment, moisten the entire newly -installed GraniteCrete area - avoid puddling. For best results, moisten all newly -installed GraniteCrete paving a second time the following 1 to 5 days, as practical. Slow curing of GraniteCrete is important to avoid cracking. G ra n i to C retell Parmanant PPrmaahla Nati iral GraniteCrete Specification Guide Page 11 of 16 Installation Instructions - "Wet" Method After DG and GraniteCrete have been mixed together but BEFORE installation has begun: Mix thoroughly and moisten with water until the GraniteCrete mixture begins to marble or clump together. Squeeze the mixture in your fist and open your hand. When the color has just started to transfer onto your hand and the mixture just begins to stay together in a clump, it's ready for installation. 1. Class II Base Rock: Moisten and compact base rock on entire installation area to an even depth of 4 -inch or 6 -inch, depending on residential or commercial application. A vibratory plate can be used to compact the base rock; it should not be used to compact the GraniteCrete for residential installations. i. GraniteCrete: Wheelbarrow the prepared GraniteCrete/DG to the installation site and spread the mixture over the compacted base rock. 3. Compaction: Walking on the area is perfectly acceptable: initial compaction can be performed by walking on the edges and corners. Rake or grade area with the flat side of a landscape or asphalt rake (Do not use tang side), until the GraniteCrete is one inch above finish grade. 4. Once initial compaction has been completed, hand tamp (with a 1o" hand tamp) around benches, sign posts, corners, boulders, etcetera. Pay particular attention to corners and edges to ensure tight compaction. 5. Make several passes with a 36" lawn roller (filled with water), or for larger installations, a 36" walk -behind or riding -roller in static position. Hand tamp out any imperfections with a 6" wooden masonry float. 6. Make sure to keep your 1o" hand tamp, lawn roller, and wooden floats clean at all times. Fill in any divots with fresh, loose material (removing any larger stone) and hand tamp with the wooden floats to match existing finish. 7. When laying GraniteCrete in batches, be sure to use the cold joint method below to ensure a blemish -free installation. 8. Finishing: If desired, lightly sweep finish surface with a medium bristled broom. Then make several more passes with the lawn roller until the desired surface texture is achieved. With larger installations, a roller in static position can be used, making sure to keep drum clean at all times. Remove spoils off the surface. g. DO NOT ALLOW GRANITECRETE TO DRY. MIST LIGHTLY WITH A HOSE END SPRAY HEAD AS NECESSARY OR COVER WITH A PLASTIC TARP. io. The final step for a GraniteCrete installation is a dampening with water of all newly -installed and compacted GraniteCrete materials. Using a shower head/spray hose attachment, moisten the entire newly -installed GraniteCrete GraniteCreteM PPrmanPnt PPrmAahlP (\lati iral GraniteCrete Specification Guide Page 12 of 16 area - avoid puddling. For best results, moisten all newly -installed GraniteCrete paving a second time the following 1 to 5 days, as practical. Slow curing of GraniteCrete is important to avoid cracking. The following information is applicable to BOTH installation methods. You may walk on GraniteCrete immediately after installation. However, like concrete, GraniteCrete gets stronger with time. Ideally, stay off the newly -installed GraniteCrete areas for at least one day; after that, foot traffic is allowed. Vehicular traffic should avoid newly installed areas for 5 - 7 days. Newly installed GraniteCrete paving surfaces are fully cured in 28 days. At that time, the entire surface should be blown or swept off to eliminate loose surface materials. Minor cracking may take place. However, overtime, the aggregate fines will fill in the minor cracks and they should disappear. Occasional blowing off of the surface will help to minimize loose surface materials. Cold Joint Methods Cold joints can be used at the end of the work day. Method One: i. "Between pours," stop at an area that makes the joint location look intentional. Take a chalk snap line just back from loose GraniteCrete into the compacted area and create a chalk line. Use either a masonry blade - or a square -nose shovel - and cut a straight line across the installation. 2. Continue with installation. Place newly mixed GraniteCrete into area, being careful not to overlap existing compacted material. With a concrete trowel or similar tool, tamp the new material at a tapered, 45 degree angle 1" above the finished grade and compact. If necessary, "feather" in with a medium -bristled broom. Method Two: i. Place a 2"X4" or 2"X6" piece of wood across the installation, stake it, and finish compacting the material. Leave the board in place overnight. 2. The next day, carefully lift the wood up and away from the installed GraniteCrete. Continue the installation process as per step 2 under Method One. GraniteCrete M Parmanant Parmaahla Nati iral GraniteCrete Specification Guide Page 13 of 16 Method Three: (Suggested for large open edges at the end of the work day) 1. Install steel edging at a location that looks "intentional" and aesthetically "makes sense. Permanently install using the stakes provided. Completely finish the first days work. 2. The next day, simply continue with the installation. Leave the edging in place. Again, being careful not to leave any new material on the previously installed GraniteCrete. Installing for Vehicular Traffic Installing for vehicular traffic is nearly identical to the method above, EXCEPT you will use a vibratory plate or static riding roller to compact the GraniteCrete, after final compaction by a lawn roller. Cross-section Details GraniteCrete: Residential 2 bag mix Compacted 88% - 92% 4" Baserock - compacted to 95%. Subgrade: Compacted to 95% �,�ZGraniteCrete Paving -Residential/Pedestrian 4 6 GraniteCrete: Commercial 3 bag mix Compacted 88% - 92% Baserock - compacted to 95%. Subgrade: Compacted to 95% G GraniteCrete Paving -Commercial/Light Vehicle Recommended Equipment Tools Materials (3) Rounded point or flat edge shovels for GraniteCrete Admixture bags (85 lbs.) moving product 6 cubic foot cement mixer for mixing small 3/8" minus aggregate/ decomposed installations granite GraniteCrete'M Pprmanpnt PPrmPghlp Nati iral GraniteCrete Specification Guide Page 14 of 16 Wheelbarrow for moving material Class II Base Rock or Class II Permeable Base 8" or 10" hand -tamps for compacting Curbing or Header Board materials (if edges and corners, step back fills, and desired) small areas Hose with a shower spray nozzle for Water source moistening dry product Landscape and asphalt rake with flat edge for finish grading Heavy lawn roller filled with water to compact Medium bristled push broom for finishing (2-3) 6" -g" wooden masonry float for finishing (1) 6" -g" steel float for cleaning hand tamp and roller A large commercial project may require the use of a volumetric concrete truck. Please refer to our website for further information: https://www.granitecrete.com/installation/ 3.4 Important Notes: A. Do not allow GraniteCreteto dry during installation. Mist lightly with a hose end spray head as necessary - avoid puddling - or cover with plastic tarp. B. Non -compacted - or poorly -compacted - GraniteCrete top layer will result in Loose and pebbled materials. Edge and corner compaction may require special attention with a hand tamp during installation. C. Non -compacted - or poorly -compacted - base rock may result in failure of top layer of GraniteCrete. D. Squeeze the mixture in your fist and open your hand. When the color has just started to transfer onto your hand and the mixture just begins to stay together in a clump, it's ready for installation. Excessive moisture level may result in "sticky" materials complicating the quality of the finish surface or proper compaction. If the material is too wet, it may be placed on the bottom of the installation, with material that has a better moisture content on top. E. Aggregate/decomposed granite materials should meet the sieve GraniteCrete PPrmanPnt PPrmPah1P Nati iral GraniteCrete Specification Guide Page 15 of 16 specifications in this Specification Guide F. Surface shall follow overall contours of landscape. Flat areas shall be [sloped] [crowned] for drainage. Slope [2.0%] [ 1 percent minimum to drain away from structures. G. Compaction rates for all applications are 88% - 92%. H. Please Note: 3/8" minus aggregate comes in different colors. GraniteCrete TM samples reflect the use of a Golden Granite decomposed aggregates.. Mock-ups using your local aggregate source is strongly suggested. I. Take care compacting adjacent to planting and irrigation systems. J. Saw cut/trowel/install expansion joints every 5' in narrower paths, every 12' in wider paths, and at every engineered stress areas. K. Cover finished surface, when practical, to achieve maximum curing period. See Section 3.5. L. Minimum Compacted Thickness (See Section Details): 1. [Residential/Pedestrian Paths] 11: 131 inches. 2. [Commercial/Light Vehicular Drives] 11: 141 inches. M. Completed, finished surface shall be of consistent quality and free of deleterious materials such as organic materials, nails, stones, and loose material. Surface shall not have depressions or humps greater than [1/41 [ 1 inch in ten feet. Cold joints, if any, should be inconspicuous. 3.5 CURING PERIOD / PROTECTION A. For Driveway Installations ONLY: Do not allow traffic on crushed aggregate blended with GraniteCrete admixture surfacing for 5 days after placement or until compacted crushed aggregate blended with GraniteCrete admixture surfacing has fully cured. [Cover for extended curing period]. B. Protect crushed aggregate blended with GraniteCrete admixture surfacing from damage until project completion. [Repair damaged areas to match specified requirements]. 3.6 MAINTENANCE & REPAIRS A. Follow manufacturer's recommendations. B. Maintenance: Depending on the end users desired finish surface, maintenance may require occasional blowing off or brooming of paved surface. Depending on quality of compaction at time of installation, a thin veneer of loose aggregate material is typical after the full 28 days cure period. If cracking appears in a GraniteCrete surface, broom loose GraniteCrete PPrmanPnt PPrmaah1P Nati iral GraniteCrete Specification Guide Page 16 of 16 aggregate "fines" into cracks and compact with a rubber mallet. C. Repair: When repairing GraniteCrete it is important to use the original aggregate/decomposed granite and the original GraniteCrete Admixture color to match previously installed materials. If the paved surface has large areas of raveled material (loose aggregate/decomposed granite) the initial installation may not have been properly compacted, or blended materials did not have optimum moisture content during installation. GraniteCrete must not be allowed to dry prior to final compaction. The following are suggestions for repair of raveled materials: 1. For the large loose areas, a minimum of a 3 -inch of GraniteCrete can be installed. The repair areas need to be saw -cut at agreed length, removed, and re -installed. A portable concrete mixer or wheelbarrow can be used. Batch proportions are 33 shovelfuls of aggregate/decomposed granite to 3 shovelfuls of GraniteCrete Admixture (11:1 ratio). (A "shovelful" is equivalent to io pounds.) The mixture must be thoroughly dry mixed and moistened to specifications. 2. In areas that collapse/fail due to equipment weight, re-form and re -install with original materials as per specifications. 3. Cracks: Repair by brooming existing surface fines into the cracks of filling with dry, pre -mixed materials, or both. The onsite aggregate/decomposed granite should be sieved to 1/8" minus material for better application and in -fill of cracks. Materials should be mixed as per ratio described above. Broom or fill the crack, moisten, compact (with rubber mallet or hand compaction plate) and "feather" material into the final finish. GraniteCretem PPrmanant PPrmaahla Nati irnl LOCATION MAP AND RECORD DRAWINGS Page 18 of 18