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Home My WebLink AboutC-7679-1 - City Bridge Maintenance ProjectCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov July 12, 2023 Applied Restoration, Inc. Attn: Larry White 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Subject: City Bridge Maintenance — C-7679-1 Dear Mr. White: On July 12, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 13, 2022, Reference No. 2022000246152. The Surety for the contract is Argonaut Insurance Company and -the -bond number- is -CMG P-000051-63-Enclosed-is the Faithful- -- Performance Bond. Sincerely, u""`Qa. Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. CMGP00005163 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,736.00 , being at the rate of $ 26.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal,." a contract for maintenance work to bridges throughout the City of Newport Beach, including: patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale 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 Argonaut Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty Nine Thousand Four Hundred Twenty Dollars and 001100 ($669,420.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors -,-and assigns; for -which- payment -well -and -truly to be -made, we -bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 Applied Restoration, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of December '2021 05Ce'r `aP�nch) Applied Restoration, Inc. Name of Contractor (Principal) Authorized Signaturefritle Argonaut Insurance Company Name of Surety c/o CMGIA, 20336 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety - (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I /2T/gv'Aa- By: Aaron C. Harp City Attorney Au o ed Agent Signature Stephanie Hope Shear, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ""SEE ATTACHED" } SS. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity State of California County of LXO t )w ss. 2 9 , On jec im / 2.20_J_ before ,�T�a, l Ti Notary Public, personally a�ced Q(L — NSI- r ; proved to me on the basis of satisfactory evidence to be the person(s)-whose name($) isle subscribed to the within instrument and acknowledged to me that he/sW- they executed the same in his/her4their authorized capacity(ies-)—,and that by his/lw/thetr signatures(s)-on the instrument the person(,s"r the entity upon behalf of which the person(sj-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 c�rr ct. {£ IT rad afii aLs I. c z353062 `NOTA C - CA"I ORNIA , {{ S.. iiVTY f Co 'k r nos Applied Restoration, Inc. sw+NDt3aentA € Page B-3 .. rtw...d..u. u_ neennen STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 u u 3 3 0 SAN FRANCISCO Amended Certificate ®f Authority THIS 15 TO CERTIFY WHAT Purnioni to lire insurance Code of the Stale of Culdfinwin, Argonaut Insurance Company of Illinois ,organized under lite liars of Illinois , sill;jecf to its Ardeles of lueorporntion or olherfimdanrenial organizational doclunenis, is herehv amhorized to fi•rmsac•t whiiin the Stale, sobivel to all provisions gfthis Cenitirale,lhefinllolvingelossesofdnsurance: Tire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous its such classes are note or niay herea]ter he de, fined in the hisarance Laws of die State of Cali farndo. TI.IIS C171mFICATE is etpressly conditioned upon the holder heregf none and hereafter being in fidl compliance ivitlr all, and not in violation ofin{B of fire applicable lurvt• and havfud roqub•enieins made touter aulhoriry of file Imes of the State of California as long as ,such lairs or reguireinenis urn ill gff'ci and applicable, and (is such Imes and requirements now are, or ma), ber•eiifler he rhanged or afnendeel. INWITNF;SSWHERECIRefficliveits ofthe_ rho. o/_ December _ 2006 , 1 have herx,unta set niv hand and caused my af11rial seal to be iiffixed this _ 13th dnvof December., __2006 John Garamendi j_h�iu�•'la)•nnrr Carnnria.eianer 131, Patricia K. Staggs for Richard D. Baum tkw"x Chief Deputy Qunlilication wish the Secretly ol'.Slale umm he accomplislied uN iequin:rl by Ilse Cnlillimin Corporotions Code promptly elect issuance of Ibis Cerliric is ol'Aulhorily. I'siilure to do so will lie a viohainn or Insurance Colic Suction 701 mitt will he grounds for revoking this Ceiliricnic ol'Aulhnrily pursuant to the convenants made in the a lipliewion Ihettror and the vuudilinns conwined herein. ..:. oserro soap, Bond No.: CMGP00005163 Premium: $16,736.00 i l Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: _ Their true and lawfiil agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other,undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of Ore Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official authorized officer on the Ist day of June, 2021. STATE OF TEXAS COUNTY OF HARRIS SS: to be hereunto affixed and these presents to be signed by its duly Argonaut Insurance Company by: Joshua C. Betz , Senior Vice President On this tat day of June, 2021 AD,, before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged tiro execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the orecedi ig instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were adoptedbythe Board of_. _.... Directors of said Qompany, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KAr4iLEEN M MEEKS NOTAiiY PIJSr.1C STATE OF TI XAs MY COMM. EXR 0711, r S NOTARY ID 56zsac a -a (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a fill, true and correct copy is still in hill force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said Company, on the 27tb day of December , , 2021. James Bluzard, Vice President -Surely IF YOU HAVE QUESTIONS ON AUTHENTICITY Op THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. li.w ..w .nf a`.�2/cH �i<c�i.c�2 aL.af �t/c�i<c�✓'f w</c�L/c�L �L.s2.�`.c�3 �f..�i/cU/c�2 �i.cat/c�✓'2rc�✓'Y'L/c�i/c�✓'iCc`.f/c�f �<.�Lri� .�P/,q• 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 Los Angeles ) On DEC 27, 2021 before me, Lucas Patterson, Notary Public Date Here insert Name and Title of the Officer personally appeared Stephanie Hope Shear 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (� Lt,cAs WITNESS my hand and official seal. Nctari Pi bl¢ Lo -re t Lci, comr Signature Signature of Notary Public n Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ AttorneyjrFac ❑ Trustee ❑ Gya ian or Conservator ❑ Other: Signer Ism esenting: 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.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039F.ax newportbeachca.gov September 19, 2022 Applied Restoration, Inc. Attn: Larry White 1965 Gillespie Way, Suite 104 El Cajon, CA 92020 Subject: City Bridge Maintenance - C-7679-1 Dear Mr. White: On July 12, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 13, 2022, Reference No. 2022000246152. The Surety for the bond is Argonaut Insurance Company and the bond number is CMGP00005163. Enclosed is the Labor & Materials Payment Bond. Sincerely, XI /?� Leilani I. Bro ncS ,MMC City Clerk Enclosure Premium: Included In The Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CMGP00005163 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract for maintenance work to bridges throughout the City of Newport Beach, including: patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale 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, Argonaut Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty Nine Thousand Four Hundred Twenty Dollars and 00/100 ($669,420.00) 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. Applied Restoration, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 27th day of December 2021 E�c0" �j:Ctr�Ch� Applied Restoration, Inc. Name of Contractor (Principal) Authorized Signature/Title Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866) 363.2642 Telephone APPROVED AS TO FORM: CITY ATTQR7/"9 DICE Date: !! // By: Aaron C. Frarp City Attorney e gent Signature Stephanie Hope Shear, Attorney-in-ract Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of "SEE ATTACHED" ) Ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 , Coun of ss. y C On � 20_ before me, �(Ihi L c JC Notary Public, personally appeared Car dip proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her¢their authorized capacity{, and that by his/her/their signatures* on the instrument the person(s)7 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. kND WITNESS _m o eal. i< msslonlNo. 2353 052 NOTARY >Ef PUBLIC-CALIFORNIAa SAN DIEGO COUNTY y Commission Expires March 26, 2025 22 Ig Applied Restoration, Inc. Page A-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 u 6 3 3 0 SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the hisurance Code q(Ihe State q(C'allliirtia. Argonaut Insurance Company n/' Illinois ,(rXonizedunder the haute of, Illinois , .subiecl to its Articles o/incorporation at odrerf aidanrental organizational documems, is hereliv authorized it) transact within the State, .subject Ili till provisions'g(this Cerri/icate, dtefnllowing classes q/'insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, 'ream and Vehicle, Automobile, Aircraft, and Miscellaneous as .such classes are nowt` or Ina), hereafter be defined in the insurance Laws ol'the Stole gl'Cali(arnia. THIS CERTIFICATE is e.('pre.ssh. conditioned itpon the holder hereofnow and hereq/)er being in full roinplionve ivilh till, and not lit violation of mn•. of the applicable laws and lmpfiel rrqui vinent.s made under authority o.0he laws n(the Stale nl'California (is long assuch Imes or requirenienos• nix, in e(f ,ci and applicable. and as such laws and rrquiremeni.r roll• are, nr nigv herellfiei' be changed or amended. IN WITNESS WHEREOF, o,(lecvirensq(Ihe.__31st daY ./'__December 2006_., Ihaveherrunio set nm hand and caused niv quir•ial.seal to be affixed this _ _13th _ atop nf— December _.._._. • _ 2006 John Garamendi Dl.rnrnnre ('nJurmi.vviunrr 81, Patricia K. Staggs for Richard D. Baum 1kipmit Chief Deputy QIwIiOcation wish the Sec clml ul'Stale nWfl IV uccnnlpliahed;)%required by the('nl ilwniit Coliorntions Code promptly aI IcI iI la tic, ul thi. ('cal it at, nI All l hori l v. Poi lute tudu en will he it viulamin of Insul':une Code Section 7oi and will In` prn11m, Inc ravakiii, thin I'orl i t cate of Am hurily pursuant In the con%enanr. made in the appI ic:vinn 11ty tinand illc umdiliuns contained herein. 61.11111 II.1 -- nm nn mMl Bond No.: CMGP00005163 Premium: $16,736.00 Argonaut Insurance Compahy Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Grady, Shilo Lee Losino Stephanie Hope Shear Elizabeth Santos Stacey Garcia Matthew Dionisi o Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the Ist day of June, 202E 11 Argonaut Insurance Company SURgryc, NO, xa .•''• 00 SEALg bY: STATE OF TEXAS ••Burl..?: •' T•' COUNTYOFHARRIS SS: Joshua C. Betz , Senior Vice President On this lst day of June, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF TILE COMPANY, tome personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my had, and affixed my Official Seal at the County of Hartis, the day and year first above written. KATHLEEN M MEEKS ��-. 1Uafl mil. `wAo F NOTARY PUBLIC STATE OF TEXAS .a •� MY COMM. EXP. 07f15/ 5 NOTARY ID 557902-6 (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 27th day of December , 2021 . J�+iAw°c�c' ZTr :Qi ri;• 1D46 .•'� '•BlIN01s:'• James Bluzard Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. 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 Los Angeles ) On DEC 27.2021 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear 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, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Genera ❑ Individual ❑ Attorne act ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is _Repesenting: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 7/13/22, 321 PM Batch 14322552 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III'iillllllllll IIIIIIII!IIIIII NO FEE $ R 0 0 1 3 8 4 6 4 0 7$ 2022000246152 3:16 pm 07/13/22 90 CR-SC06 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 Applied Restoration, Inc., El Cajon, California, as Contractor, entered into a Contract on November 16, 2021. Said Contract set forth certain improvements, as follows: City Bridge Maintenance - C-7679-1 Work on said Contract was completed, and was found to be acceptable on July 12, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. BY ✓nt 6 ublic Works Director 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 �VI�"I ir� f^/12% at Newport Beach, California. https //gs.secure-recording.com/Batch/Confirmation/14322552 1 i 1 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 Applied Restoration, Inc., El Cajon, California, as Contractor, entered into a Contract on November 16, 2021. Said Contract set forth certain improvements, as follows: City Bridge Maintenance - C-7679-1 Work on said Contract was completed, and was found to be acceptable on July 12, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Argonaut Insurance Company. BY %r✓nt r ublic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on V �L�I '�, 2� at Newport Beach, California. � yrr 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 13th day of October, 2021, at which time such bids shall be opened and read for CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 $710,000 Engineer's Estimate Approved by 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" For further information, call Tom Sandefur, Project Manager at (949) 644-3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http Unewportbeachca.gov/government/open transparent/on_line services/bids-rfus- vend or -req istraton City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21R13 CONTRACT NO. 7679-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NQ- 21R13 CONTRACT NO. 7679-1 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, 2"d 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 of seq), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 of seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204- D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been r 'wed. 1081367 - A, B, C33, C39 Contractor's License No. & Classification % u h edSignature/Title 1000000100 DIR Registration Number & Expiration Date Date Applied Restoration ,Inc. Bidder 5 Bond No.: CMGB00012128 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 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 Their Greatest Amount Bid Dollars ($10% of Their G.A.B. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of City Bridge Maintenance, Contract No. 7679-1, in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this--_11th___day of i October 'I , Applied Restoration, Inc./. Name of Contractor (Principal) Argonaut Insurance Company / Name of Surety i S 2021. c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Gab ala Grad_ , Attorney in -Fa Address of Surety Print lame and Title (866)363-2642 Telephone (Notary acknowledgment of Principal & Surety must be attached) me ; t - ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer _ Other: Other Information: 7 (seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 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 SEE ATTACHED } ss. On _ 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared 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 0 (seal) Bond No.: CMGB00012128 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, 1L 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Gabriella Oradv Shilo Lee Losing, Stonhanic Hone Shear Flirlteth Santos Stacey Garcia Matthew Dionisin Their true and lawful agenl(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided. however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of- $15,000,000.00 f:bl5.000.000.00 This flower of Allorncy is granted and is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power ofattorney, to execute in behalf of and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts ofsuretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by is duly authorized officer on the Ist day of June, 2021. Argonaut Insurance Company by'. STATE STATE OF TEXAS '•KS"9�` •• Joshua C. Be V•. Senior Vice President COUNTY OF HARRIS SS: 11 ......••�`''� On this I st day of June, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF TIIE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution ofsante, and being by me duly sworn, deposed and said that he is the officer ofthe said Company aforesaid, and that the seal aflixed to the preceding instrument is the Corporate Seal ofsaid Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors ofsaid Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Hams, the day and year first above written. KATHLEEN M MEEK$ "O f" at `rn . qy,�aL3 ?'�� NOTARY PUBLtC STATE OF TE'X/LS " �.-• MY COMM EXP, OTlty2b NOTA Rv ID 557902-8 (Nota" Public) t, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the prim nal POWER OF ATTORNEY ofwhich the foregoing is a full, true and correct copy is still in full force and effect and his not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal ofsaid Company, on the 11th day of October 2021. ...a..•. " � SEAL•�p _ f� . •roti 'i NOS` James Bluzard Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCC;VtENT CALL (833) 820 - 9137. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •rc�!`,rrfrlrM,c-t�f;nt� 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 Los Angeles ) QCI 1 1 2021 On 1 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Gabriella Grady 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. Place Notary Seal Above 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 OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Abp Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — :]Limited ❑ Gener O Individual ❑ Attorne act ❑ Trustee ❑ ian or Conservator ❑ Other: Signer Is resenting: Signer's Name: G Corporate Officer — Title(s): C Partner — ❑ Limited ❑ General L Individual ❑ Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: 02014 National Notary Association - www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the 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. r Applied Restoration, Inc. Bidder 01 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Applied Restoration, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $120,000, provide the following information: No. 1 Project Name/Number Orange High School Science Center Project Description Waterproofing and resinous flooring Approximate Construction Dates: From August 2019 To: September 2020 Agency Name Pinner Construction Contact Person Jeff Hauck Telephone (714) 984-5352 Original Contract Amount $ 351,628 Final Contract Amount $ 361,350 If final amount is different from original, please explain (change orders, extra work, etc_) Extra Work 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 10 No. 2 Project Name/Number UCSD Coastal Studies Project Description Structural Concrete repair and Carbon Fiber reinforcement Approximate Construction Dates: From May 2019 To: May 2020 Agency Name PCL Construction Contact Person Lucas Mallory Telephone (858) 657-3400 Original Contract Amount $ 64,301 Final Contract Amount $ 204,251 If final amount is different from original, please explain (change orders, extra work, etc.) Additional work, added scope 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 Alturas Medical Center Project Description Exterior Air Barrier and Cladding systems Approximate Construction Dates: From August 2019 To: July 2020 Agency Name Swinerton Construction Contact Person Brian Foster Telephone (530) 708-2547 Original Contract Amount $ 876,340 Final Contract Amount $ 921,309 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work 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 Villa Park High School Science Center Project Description Waterproofing and resinous flooring Approximate Construction Dates: From September 2019 To: Current Agency Name Angeles Contractor Inc Contact Person Brandon Choi Telephone (714) 930-3866 Original Contract Amount $ 81297 Final Contract Amount $ 131,256 If final amount is different from original, please explain (change orders, extra work, etc.) Added Scope of work CO 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 Villa De Vida Project Description Deck repair and coating Approximate Construction Dates: From September 2019 To: January 2021 Agency Name Sun Country Builders Contact Person Courtney Fermin Telephone (760) 630-8042 Original Contract Amount $ 146,676 Final Contract Amount $ 171,172 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work 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 Mayfair High School Project Description Exterior Air and Weather Barrier Approximate Construction Dates: From September 2021 Agency Name 2H Construction Contact Person Mario Hitchcock To.- Current Telephone (562) 480-7952 Original Contract Amount $ 204,011 Final Contract Amount $ 204,011 If final amount is different from original, please explain (change orders, extra work, etc.) None 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 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 o, he Cor actor's current financial conditions. f/ // Applied Restoration, Inc. Bidder 13 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this i certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ss. County of �) r City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21R13 CONTRACT NO. 7679-1 NON -COLLUSION AFFIDAVIT 4Lr. C , being first duly sworn, deposes and says that he or she is 1A11. of Applied Restoration, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws Applied Restoration, Inc. Bidder true and correct. Subscribed and sworn to (or affirmed) bore me on this l L day of 01 by L&rr `A Wik, 4-6 , proved to satisfactory evidence to be the person( -"ho appeared before me. me on the basis of I certify under PENALTY OF PERJURY underthe laws of the State o fornia that the foregoing paragraph is true and correct. ota Public [SEAL] BRANDI SAMA -1 '• ` E Commission No. 2353052 ; NOTARY PUBLIC -CALIFORNIA v My Commission Expires 111 { SAN DIEGO COUNTY Commissbn Expires March 26, 2025 14 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21R13 CONTRACT NO. 7679-1 DESIGNATION OF SURETIES Bidder's name Applied Restoration, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Rancho Mesa Insurance Services Inc, Liability and Workmans Comp Insurance. 250 Riverview Parkway, Santee, CA 92071 619-937-0164 Argonaut Insurance Company, Bond Surety, Bid, Payment and Performance 20335 Ventura Blvd Ste 426, Woodland Hills CA 91364 866-363-2642 15 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 CONTRACTORS INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Applied Restoration, inc. 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 2020 2019 2018 2017 2016 Total 2021 No. of contracts 8 25 82 106 152 127 Total dollar _ Amount of $3,152 $2,360 $7,178 $10,084 $7,318 $8,651 $38,743 Contracts (in Thousands of $) 0 No. of fatalities 0 0 0 0 0 0 No. of lost Workday Cases --_-- 0 -0 -- 1 0 0 1 0 2 No. of lost 0 --- 0 ----- --- O ----- U -------- 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary—Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Applied Restoration, Inc. Business Address: 196_5 Gillespie Way Ste 104, EI Cajon, CA 92020 Business Tel. No.: 619.433.4701 State Contractor's License No. and Classification: _ _1081367 - A B C33 C39 Title The above information was compiled from the reco ds that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 California All -Purpose Certificate of 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 San Diego Or�(�/Z /2021 before me, �6 . �.L G,V Notary Public, personally �- appeared who proved to me on the basis of satisfactory evidence to be the persoa(24 whose name( is4are-subscribed to the within instrument and acknowledged to me that he/sl4eAbay.executed the same in his/hefMiair authorized capacityfies , and that by his/hefAheif-signature(,4on the instrument the person{sr, -or the entity upon behalf of which the persona fs}-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. BRANDISABAIA { E Commissim No. 23530152 D ' NOTARY PUBLIC - CALIFORNIA, SAN DIEGO COUNTY Commission Expires March 26, 2025 OIDTIONAL INIFORi 1.6,T]ON Althouch the information in this section is not required by la v: it could prevent fraudulent removal and fEcttBCiln? ':'-t of this a;iCnowledan-en( to an unauthorT7ed document and rnFn.y )f',)Ve UtiefUi to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment .is/ attached to a purpose p of document titled/for the p ur � �� containingpages, and dated t / 2—/2021 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Applied Restoration, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 18 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 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: Applied Restoration, Inc. Business Address: 1965 Gillespie Way Ste 104, EI Cajon, CA 92020 Telephone and Fax Number: 619.433.4701 619.499.7572 California State Contractor's License No. and Class: 1081367 -A B. C33 C39 (REQUIRED AT TIME OF AWARD) Original Date Issued: 09/17/2021 Expiration Date: 09/30/2023 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: Larry White, CEO Oscar Bianchi, CFO/Owner Jarrett Kaff, Estimator 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 Larry White CEO 29285 Rand Creek Circle Menifee- CA 92584 360 975 2605 Oscar Bianchi CFO/Owner 515 Kelly St, Oceanside, CA 92054 310.951.6396 Corporation organized under the laws of the State of California fiK The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NA 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; NA Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Applied Restoration Inc. Bidder Larry White (Print name of Owner or President of Cor oration/Co any) t oriz Signature/Title rC ,J"4 - Title l e-)' %i z l E7 Date On before me, Notary Public3!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 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. Lc (SEAL) Notary Public in and for said State My Commission Expires: 21 California All -Purpose Certificate of 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 San Diego On Dd— / � '2__ /202,1 before me, � '�� personally appeared/�AY�� u" I ,I s.s. r M Notary Public, who proved to me on the basis of satisfactory evidence to be the person{&.} whose name. s- ishw,e-subscribed to the within instrument and acknowledged to me that he/s#e*ve�xecuted the same in his/heatheir-authorized capacity(4e4 and that by his/#e4their signature4)-on the instrument the person(&); or the entity upon behalf of which the person44-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. ~BRANDI SABALA aCommlssion commission No. 2353052 'zNOTARY PUBLIC - CALIFORNIA vSAN DIEGO COUNTY Expires March 26, XM OPTIONAL INFO Riyi"TION Although the ?nforrnaticn in this section is not required by la;✓, it could prevent fraudulent removal and F•lacittachwc%nt of this acknowledgment to all unauthorl::C'Ci CIoC11111ent e nd Ill?y I) Ogle USeffil to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document tiiled/forthe p pose of containing pages, and dated ' / t Z- /2021 war•_ -. �.__.=:i;f�t ~BRANDI SABALA aCommlssion commission No. 2353052 'zNOTARY PUBLIC - CALIFORNIA vSAN DIEGO COUNTY Expires March 26, XM OPTIONAL INFO Riyi"TION Although the ?nforrnaticn in this section is not required by la;✓, it could prevent fraudulent removal and F•lacittachwc%nt of this acknowledgment to all unauthorl::C'Ci CIoC11111ent e nd Ill?y I) Ogle USeffil to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document tiiled/forthe p pose of containing pages, and dated ' / t Z- /2021 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 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 Ratina Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 CITY CLERK CITY BRIDGE MAINTENANCE CONTRACT NO. 7679-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 16th day of November, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and APPLIED RESTORATION, INC., a California corporation ("Contractor"), whose address is 1965 Gillespie Way, Suite 104, EI Cajon, California 92020, 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: maintenance work to bridges throughout the City of Newport Beach, including: patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale (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. 7679-1, 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 Six Hundred Sixty Nine Thousand Four Hundred Twenty Dollars and 00/100 ($669,420.00). 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 Larry White 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 Applied Restoration, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Larry White Applied Restoration, Inc. 1965 Gillespie Way, Suite 104 EI Cajon, CA 92020 Applied Restoration, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference, and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 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. Applied Restoration, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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. Applied Restoration, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 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 Applied Restoration, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seg., 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. Applied Restoration, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Applied Restoration, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Applied Restoration, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date.- By.. ate: By: 'ton C. Harp Ci Attorney ATTE T: Date: :AF Leilani I. Brown City Clerk U NLP'o RV CITY OF NEWPORT BEACH, a California municipal corporation Date: 1-1 By,/ Kevin Muldoo / Mayor �. CONTRACTOR: APPLIED RESTORATION, INC., a California corporation Date: Signed in Counterpart Oscar Bianchi President and Secretary [END OF SIGNATURES] Attachments:—'LxFibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Applied Restoration, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1\ Z3Ll By: 64C') Mon C. Harp Chy Attorney ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Mayor CONTRACTOR: APPLIED RESTORATION, INC., a California corporation Date: % � 4 o Z I By- � Oscar Bianchi President and Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Applied Restoration, Inc. Page 10 Premium: Included In The Performance Bond EXHIBIT A CITY OF NEWPORT BEACH BOND NO. CMGP00005163 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract for maintenance work to bridges throughout the City of Newport Beach, including: patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale 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, Argonaut Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty Nine Thousand Four Hundred Twenty Dollars and 001100 ($669,420.00) 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. Applied Restoration, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of 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 named Principal and Surety, on the _ t CGI' �ta✓\C1.0 Applied Restoration, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTQR7/4O BICE Date: 11 By: PC Aaron C. Karp City Attorney instrument has been duly executed by the above 27th day of December 2021 Authorized Signature/Title ed Ag—ent Signature Stephanie Hope Shear, Attorney -in -Fact_ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ""SEE ATTACHED"* }ss. On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caffornia , Coun of ss. r � I„ On , 20�� before me, �t•� Notary Public, personally appeared i proved to me on the basis of satisfactory evidence to be the person(4s) whose name4) is/are-- subscribed s/aresubscribed to the within instrument and acknowledged to me that he/s#+ey executed the same in his/he#4heir authorized capacity les), and that by his/la@FA4eir signatures(4 on the instrument the personsy, or the entity upon behalf of which the person{&) -acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h o eal. I BRAN�I SAewA z COMM4310p No. 2353052 a NOTARY PU$LIC - CALIFORNIA -50 SAN DIEGO COUNTY Ig Commission Expires March 28, 2025 Applied Restoration, Inc. Page A-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 u 6 3 3 7 SAN FRANCISCO Amended Certificate of Authority THIS Is TO CERTIFY TIIAT Pursuant to the hisurcmce Code q%the State q '011ijbrrtia, Argonaut Insurance Company Illinois organized under the lairs q% Illinois subject to its Articles q%Inc•or poration or other•%rtnelanrental organizational doc•tonents, is he reh.v authorized to transact within the State, s•uhiect to all provisions glthis Cer•ri%icate, the following classes o%insurcnc•e: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, 'ream and Vehicle, Automobile, Aircraft, and Miscellaneous as sttch ('lasses (1111 nom nr• nuav heregl'te r be di ine d in the Insurance Lm+'s nl the State q%C_rc1ilbrniu. THIS CERTIFICATE is expressly conditioned upon the holder hereq%now and hereq%ter• being in feel! coniplionce with all, and not in violation n%arn; of the applicable laws and latt?%ire rlaplirinlrrl.c nods ander atrthoriw ol'ihe lairs o%the State ol'Calilornica as• lung as such latus or requirennarts are in a,llec•t and applicable, anal as such /aws and requirements note are, or nnry hereultl. r be chun,gerl or anrerullc/. 1N WITNESS WHEREOF e•%%ctiveasof'the 31st darn/•_December 2006 _W, 1 have hereunto set i v hand and vaused in y glricial seal to be q%%i.xed this 13th dcv o/' December v� _ 2006 John Garamendi Inslrrerlace Commissioner Patricia K. Staggs for Richard D. Baum lArptiuxx Chief Deputy Qualifiealion �cilh the Secreouy ol'Slale mist he accomplished as sluiced by the California C'orlwralions Code promptly :filen isniance of Ibis Ccrtil'icmr of Authority. Failure to elo so will Me a Violation of Inbnl'anlr Code Section 701 mid will he ;_rounds liar IC%oking (his CerliIicate ol'Atllhurily pmsavtl nt 111C Convenaots ttuttlC in the applicalion (IM-Clor and Ilse conditions contained herein. muiamam --.:. osn 1 n 393.91 Bold No.: CMGP00005163 Premium: $16,736.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fol in esolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June, 2021.Ar Argonaut Insurance Company h= ..u. g STATE OF TEXAS COUNTY OF HARRIS SS: .SEAL = by. 1948 Joshua C. Betz , Senior Vice President On this 1st day of June, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KATHLEEN M MEEK^u -,"�u {U` n • � NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 07/15/25 NOTARY ID 557902-0 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 27tH day of December , 2021 . SEALS' James Bluzard I Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. •RNIA ALL-PURPOSE ACKNOWLEDGMENTO, .. Cr�r�fr�C �r�r�r�r�r�r�r�r�r�r�r�r-.r�r�r�r�r�r�r�r�r�r�r�r�r�c -ter r�C�t�t .•�r�r�.•�.•�C�C�r�r�r�r 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 Los Angeles ) On DEC 27 2o21 before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear 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. 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, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorne act ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: Docu 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.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. CMGP00005163 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 16,736.00 , being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Applied Restoration, Inc. hereinafter designated as the "Principal," a contract for maintenance work to bridges throughout the City of Newport Beach, including: patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale 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 Argonaut Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Six Hundred Sixty Nine Thousand Four Hundred Twenty Dollars and 001100 ($669,420.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 Applied Restoration, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 27th day of December ,2021 �,c G.d' � r � ►tiC � � Applied Restoration, Inc. Name of Contractor (Principal) Authorized Signature/Title Argonaut Insurance Company Name of Surety c/o CMGIA, 20335 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I /; 7/Z0 %-- By: '�-✓ Aaron C. Harp City Attorney Au o ed Agent Signature Stephanie Hope Shear, Attorney -in -Fact_ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Applied Restoration, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of **SEE ATTACHED** I ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of i ) ss. C On _Dec m 12-k f 2 , 20ZI before4ne, A Notary Public, personally appeared O 1 i proved to me on the basis of satisfactory evidence to be the person(ss whose name* is/aAR.- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/heNfheir authorized capacity(iee�-,and that by his/hefAheir signatures( -r -on the instrument the person(4-or the entity upon behalf of which the personfsj-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 c ct. w WIT L ` aoi S :{ 14M-,2353057 CALIFORNIA S. +JTY Signature` c (seal/ Applied Restoration, Inc. Page B-3 o. 2353052 NOTARY,PUOLIC - CALIFORNIA f SAO DIEGO COUNTY # Commission Expires March 26, 2025 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NQ u u 3 31 SAN FRANCISCO Amended (C'erfi icate of Authority THIS IS TO CERTIFY THAT Pursuan to the Insurance Cade of the State of California, Argonaut Insurance Company o% Illinois organized under the laws of Illinois subject/ to its Articles of Inc ur7urratiun or otherfaidanrental organizational doc•ttncents, is herebv authorized to transact within the State, subject to all provisions gf1hisCertificate, due follolvin,S classesofitns•nanc•e: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are noir or mar he req ter be def fined in the Insurance L ays of the State uJ'Cdi%orrnia. THIS CERTIFICATE is exprestilY conditioned upon the holder hereo%now and hereq%ter• being in full conrpliaitre with all, and rrol in violation of ei n, of 1he applicable laws curd lett fitil requirements nracle under authority olthe laws of rhe State ol'California as long as such latae or requirements are in c�lJect and applicable, and as such laws and requirements now are, or nwv hereafter be rhanged or cunended. IN WITNESS WHEREOF, c.,%/ective as of the duv o%__December i� 2006 ___, l have hereunto set nn hand end vauseel in o%f rial seal to be gMixed this 13th ,felt, tr% December _ 2006 John Garamendi hlslininve Comnlissiorler• B.v .-oo Patricia K. Staggs for Richard D. Baum I*ipwxx Chief Deputy OunliIication with the Set, net❑rt/ ol'stale olid hr accomplished as required by IIle ('alifornia Corporaticros Codc l,iminIitl' aIle I isvuance o Ilii. CeIIificate ol'Authority. Fltilurc to do so twill he a violation of Inur ace Code Section 701 and twill he ,aoun h for revoking IIti,, Certificate nl'Aullwrhy pul:sumu to the convenants made in the ;Ipplicatiun therefor and the conditions conwincd herein. 1•( IRM ('11. t OSP W 89791 Bond No.: CMGP00005163 Premium: $16,736.00 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under Ule laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the givempower of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused itsfficia eal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 1st day of June, 2021. Argonaut Insurance Company STATE OF TEXAS COUNTY OF HARRIS SS: �. GO�ORiTF.(1 •: °i SEAL by: OGS% 1948 Joshua C. Betz, Senior Vice President On this 1st day of June, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. • KATHLEEN M MEEKS U.Ln NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 07/75/25 s NOTARY ID 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 27th day of December , 2021 . J: co�cR1iF:FC �. °�•SEAL•��' James Bluzard Vice President -Surety IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. UALIFORNIA ALL-PURPOSE• • cr—rr:"rar rrarrarr,^r.-..rr.^rr. r �.rrcr�rrcrc�.rr•r-.rr.^rr r.tr�rrcrrcrrcr�rr.;..r •r�rc:•rr.�rr�rrcr�'rr:�rrcri r�.rcr �r�rr.:crc-:r!�.ri; r.r 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 Los Angeles ) On DEC 27 2021 Date before me, Lucas Patterson, Notary Public Here Insert Name and Title of the Officer personally appeared Stephanie Hope Shear 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. 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, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ L>Gian eneral ❑ Individual act ❑ Trustee or Conservator ❑ Other: Signer Is esenting: Document -ate: 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 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Applied Restoration, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 Applied Restoration, Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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 Applied Restoration, Inc. 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. Applied Restoration, Inc. 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. Applied Restoration, Inc. Page C-5 City of Newport Beach CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. 7679-1 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 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. 7679-1 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: Date ( Bid 619.433.4701 and 619 490 757 Bidder's Telephone and Fax Numbers Restoration, Inc. Authorized Signature and Title 1081367 - A, B, C33, C39 {965 GillesDie Way Bidder's License No(s). Bidder's Address and Classification(s) 1000000100 DIR Registration Number Bidder's email address: oscar@ appl iedresto ration. corn Vendor Name APPLIED RESTORATION !NC. Address 1965 Gillespie Way Suite 104 EI Cajon, California 92020 United States Respondee Oscar Bianchi Respondee Title CEO / CFO Phone 310-951-6396 Email Oscar@ApplieclRestoration.com Vendor Type FSD,C,ADIR License # 1081367 CADIR 1000000100 Bid Format Electronic Submitted 10/12/2021 5.30 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 269081 File Title File Name File Type Bid Submittal C-7679-1 Applied Restoration inc.pdf Bic] Submittal C-7679-1 Applied Restoration Inc.pdf General Attachment Bid Bond C-7679-1 Applied Restoration Inc pdf Bid Bond C-7679-1 Applied Restoration Inc.pdf Bid Bond Showing 7 Subconfractoi Name & Address Desc License Num CADIR Amount Type Statewide Traffic Safety & Signs Inc Traffic Control / 975518 1000001109 S16,000.00 CADIR 2722 S. Fairview St Signage Santa Ana, California 92704 Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 $669,420.00 1 Mobilization LS 1 $60,000.00 $60,000.00 Yes 2 Traffic Control LS 1 S64,520.00 $64,520.00 Yes 3 Repair Soffit Spalls SF so $1,500.00 575,000.00 Yes 4 Repair Barrier Rail Spalls SF 40 $1,200.00 548,000.00 Yes 5 Repair Sidewalk Spalls SF 5 $1,000.00 $5,000.00 Yes 6 Seal Cracks in Bents and Columns LF 1500 $150.00 $225,000.00 Yes 7 Repair Spalls in Bents and Columns SF 100 $295.00 $29,500.00 yes 8 Replace Missing Utility Covers EA 5 $500.00 $2,500.00 Yes 9 Remove and Replace 38th Street Bridge Sidewalk SF 180 $100.00 $18,000.00 Yes 10 Repair Shotcrete Delamination SF 5 $500.00 52,500.00 Yes 11 Backfill Existing Erosion LS 1 54,000.00 S4,000.00 Yes 12 Construct Asphalt Drainage Swale LS 1 515,000.00 515,000.00 Yes 13 Signing and Striping LS 1 $15,400.00 S15,400.00 Yes 14 Balboa Island Bridge Joint Repair LF 380 $275.00 $104,500.00 Yes 15 Provide A,Built Plans LS 1 $500.00 $500.00 Yes Section Title Section t Grand Total Line Total $669,420.00 $669,420.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CITY BRIDGE MAINTENANCE PROJECT NO. 21R13 CONTRACT NO. 7679-1 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 3 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 6-7 TIME OF COMPLETION 5 6-7.1 General 6 6-7.2 Working Days 66 6-7.4 Working Hours 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials g 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 10 7-10.1 Traffic and Access 10 7-10.2 Storage of Equipment and Materials in Public Streets. 11 7-10.4 Safety 11 7-10.4.1 Work Site Safety 11 7-10.6 Notices 11 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-2 LUMP SUM WORK 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 15 201-8 RAPID STRENGTH CONCRETE 15 201-8.1 Rapid Strength Concrete 15 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 15 214-4 PAINT FOR STRIPING AND MARKINGS 15 214-4.1 General 15 214-6 PAVEMENT MARKERS 15 214-6.3 Non -Reflective Pavement Markers 15 214-6.3.1 General 15 214-6.4 Retroreflective Pavement Markers 16 214-6.4.1 General 16 SECTION 218 --- SPECIAL REPAIR MATERIALS 16 218-1 GENERAL 16 PART 3 - CONSTRUCTION METHODS 16 SECTION 300 - EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 17 300-1.3.5 Solid Waste Diversion 17 SECTION 302 - ROADWAY SURFACING 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.7 Traffic and Use Provisions 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CITY BRIDGE MAINTENANCE PROJECT NO. 21 R13 CONTRACT NO. C-7679-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -7015-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" 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 maintenance work to bridges throughout the City of Newport Beach including patching concrete spalls, repairing sidewalk and barrier rails, seal cracks and repair spalls in bents and columns, replace missing utility access covers, remove and replace 38th Street bridge sidewalk, repair shotcrete delamination on Lido Isle Bridge, backfill existing erosion, cleaning concrete bridge decks, and placing asphalt concrete drainage swale. 2-9 SURVEYING 2-9.1 Permanent Survey Markers 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 The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours Page 3 of 18 minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the Page 4 of 18 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. PLEASE NOTE THE FOLLOWING SCHEDULE AND TRAFFIC CONDITIONS AT EACH LOCATION: 1. Lido Isle Bridge and the Balboa Island Bridge: The construction for these locations may only take place September 20, 2021 to May 23, 2022. 2. 38th Street Bridge: The construction for 38th Street Bridge shall commence after Labor Day. One traffic lane and one sidewalk shall remain open at all times during construction. Contractor shall provide one flagman to assist traffic control at this location. 3. Goldenrod Pedestrian Bridge: No construction can take place on Goldenrod Pedestrian Bridge around October 02, 2021 in preparation for the Corona del Mar 5k event. The area must be free of construction equipment in preparation for the race. 4. Bison Avenue Bridge: The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer and Caltrans. The traffic control plan shall include all necessary traffic control permit from Caltrans. NO WORK is allowed during peak traffic hours between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:30 a.m. One sidewalk shall remain open during construction at all times. Page 5 of 18 5. Bonita Canyon Bridge: One lane in each direction shall remain open during construction at all times. One sidewalk shall remain open during construction at all times. Contractor shall provide Changeable Message Sign (CMS) to direct traffic to Bison Avenue or alternate detour route as indicated on the traffic control plan. 6. Jamboree Road Bridge: Two lanes in each direction shall remain open during construction at all times. One sidewalk shall remain open during construction at all times. Lane closure is allowed during the hours of 10:00 am to 3:00 pm or nighttime. All closures need to be coordinated with the Engineer. Contractor shall provide Changeable Message Sign (CMS) to direct traffic to MacArthur Boulevard or alternate detour route as indicated on the traffic control plan. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 120 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. Work shall be scheduled to minimize number of bridges under construction at one time. Working at multiple locations simultaneously shall be subject to the Engineer's approval. 6-7.2 Working Days The following days are designated City holidays and are non -working days 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday. Page 6 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 5:00 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. If the work progresses to the satisfaction of the Engineer, supplemental inspection costs may be waived to accommodate a Contractor request to work weekends to take advantage of low tides. Work that is affected by tides will have work days defined as days with work hours low tides of MLLW 0.0 or lower. 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 7 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 $1,500. 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 8 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 Surface runoff water, including all water used during saw -cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 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. Page 9 of 18 g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.1 Traffic and Access The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer and Caltrans. The traffic control plan shall include all necessary traffic control permit from Caltrans. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure Page 10 of 18 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." The Contractor shall cooperate with the Engineer to provide advance notice to those whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. 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. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.6 Notices Ten working days prior to starting work, the Contractor shall deliver a City -prepared construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each area. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Page 11 of 18 The written notices will be prepared by the City but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. In addition to the resident notifications above, the Contractor will be required to make the following notifications when working in the Harbor: City of Newport Beach Harbor Department Harbormaster: 949-270-8158 Orange County Sheriff, Harbor Patrol, Sergeant Jeff Tucker: 949-673-0933 Coast Guard Notice to Mariners Bridges receiving deck treatment require additional notifications per Caltrans Standard Specifications. 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 The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing signed and stamped traffic control Page 12 of 18 plans, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item 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 Repair Soffit Spalls: Work under this item shall include determining the size of spall repair, cleaning the area for spall repair, removing unsound concrete, preparing exposed rebar, supplying material for repair, performing the repair and all other work necessary to complete the repair. Item No. 4 Repair Barrier Rail Spalls: Work under this item shall include determining the size of spall repair, cleaning the area for spall repair, removing unsound concrete, preparing exposed rebar, supplying material for repair, performing the repair and all other work necessary to complete the repair. Item No. 5 Repair Sidewalk Spalls: Work under this item shall include determining the size of spall repair, cleaning the area for spall repair, removing unsound concrete, preparing exposed rebar, supplying material for repair, performing the repair and all other work necessary to complete the repair. Item No. 6 Seal Cracks in Bents and Columns: Work under this item shall include cleaning the area for repair, preparing the area for repair, supplying material and performing the repair and all other items necessary to complete the repair. Item No. 7 Repair Spalls in Bents and Columns: Work under this item shall include cleaning the area for repair, preparing the area for repair, supplying material and performing the repair and all other items necessary to complete the repair. Item No. 8 Replace Missing Utility Access Covers: Work under this item shall include procuring and installing utility access covers in the soffit of the bridge; and all other items necessary to complete the repair. Item No. 9 Remove and Replace 38th Street Bridge Sidewalk: Work under this item shall include sawcutting, removing and disposing of the existing bridge sidewalk, constructing 4 -inch thick P.C.C. sidewalk to match existing thickness; protecting existing utilities in the sidewalk; and all other items necessary to complete the work in place. Item No. 10 Repair Shotcrete Delamination on Lido Isle Bridge Girder: Work under this item shall include sounding and removing suspected delamination of shotcrete, preparing surface, protection of area, applying new shotcrete coating, and all other items of work necessary to complete the work in place. Item No. 11 Backfill Existing Erosion: Work under this items shall include filling in existing erosion as shown on the plans and directed by the Engineer with structural backfill and unclassified fill, compacting the fill, and all other items of work necessary to complete the work in place. Page 13 of 18 Item No. 12 Place Asphalt Concrete Drainage Swale: Work under this item shall include providing and installing asphalt swale including grading, preparing subgrade, placing asphalt, and all other items necessary to complete the work in place. Item No. 13 Signing, Striping and Pavement Markings: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 14 Balboa Island Bridge Joint Repair: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for repairing bridge joints and installing Caltrans "Type A" joint seal, and all other work items as required to complete the work in place. Item No. 15 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 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 Page 14 of 18 201-2.2.1 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. Where the steel may be in contact with seawater the reinforcing steel shall be epoxy coated, Grade 60 steel conforming to ASTM A 615, A775, and D3963 with 2 -inch minimum cover unless shown otherwise on the plans. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.4 Type "A" Sealant (Two -Part Polyurethane Sealant) Delete and replace with: "The sealant shall be furnished and placed in accordance with the Specifications for "Type A and AL Joint Seals" (Caltrans Specification 51-2.02B)" 201-8 RAPID STRENGTH CONCRETE 201-8.1 Rapid Strength Concrete The Contractor shall utilize a rapid hardening concrete in order to minimize traffic downtime. Concrete shall achieve a minimum 3,000 psi strength at 4-hrs. All repairs shall be open by to traffic by the end of the working day. The Contractor shall submit to the Engineer for approval mix data showing the water content, aggregate sizing, slump, air entraining, admixtures, opening time, and final set time. Alumina powder and high alumina concrete mixes will not be allowed. SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. The thermoplastic shall be applied at 1.5 mm (60mil) to 2.0 mm (80mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100mil) to 3.0 mm (120mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications and shall be replaced in kind. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General Page 15 of 18 All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. SECTION 218 --- SPECIAL REPAIR MATERIALS 218-1 GENERAL All material utilized for cracks, spalls, joints and bulkhead repair shall be Sika Corporation and be utilized per the product specifications and manufacturer's instructions. The Sika products to be used for this project are as follows: 1. Sikagard 62 2. Sikadur 31 3. Sikadur 33 4. Sikadur 35 5. Sikadur 52 6. Sikagrout 212 7. Sikaflex-1 a 8. Sikaflex 2c NS 9. Sikatop 123 Plus 10. Sikatop 111 Plus 11. Sikament 100SC 12. Sikadur 32 Hi -Mod 13. Sika Armatec 110 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General Page 16 of 18 The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to nearest Joint 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. 300-1.3.5 Solid Waste Diversion 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. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. Page 17 of 18 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. Spall repair and epoxy crack injection shall conform to the California Standard Specifications Section 60-3.056 "Repair Spalled Surface Areas" and Section 60-3.05C "Epoxy Crack Injection". Page 18 of 18 City of Newport Beach Insurance Compliance PO Box 100085 - FV Duluth, GA 30096 November 30. 2021 Applied Restoration, Inc. 1965 Gillespie Way Suite 104 EI Cajon, CA 92020 Reference Number: 7679-1 This Account has moved from non-compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1]