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HomeMy WebLinkAboutC-7976-1 - Alley Reconstruction (AD-116, 116B & F Street Areas)CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov February 28, 2024 I.E. General Engineering Inc. Attn: Vincenzo Nanci 1440 Beaumont Ave., Suite A2-130 Beaumont, CA 92223 Subject: Alley Reconstruction (AD-116, 116B & F Street Areas) — C-7976-1 Dear Mr. Nanci: On February 28, 2023, 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 March 1, 2023, Reference No. 2023000046770. The Surety for the contract is Arch Insurance Company and the bond number is SU1185457. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. SU1185457 FAITHFUL PERFORMANCE BOND One Hundred Twenty -One Thousand Six The premium charges on this Bond Is $ $62H66a Q Eighty -Eight and no/100 Dollar p g , being at the rate of $ 2.50 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to I.E. General Engineering, Inc. hereinafter designated as the "Principal," a contract for (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents 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 Arch 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 Twenty One Thousand Six Hundred Eighty Eight Dollars and 001100 ($621,688.00) 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. I.E. General Engineering Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the sth day of April 2022 . IE General Engineering, Inc. Name of Contractor (Principal) Arch Insurance Company Name of Surety 210 Hudson Street, Suite 300, JERSEY CITY, NJ 07311 -1107 Address of Surety (201) 743-4000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: • 3 `LZ By: �s�onA�a . &Mnitai%" City Attorney (1 -� Authorized Sic ture/Title Authorized Agen ignature .� Mark D. Leskanic, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I.E. General Engineering 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 County of —> kane, ) ss. On NPrit —t 20 before me, 'D( Z) 611cv� Notary Public, personally appeared \ILA( A7-0 VAC&A t, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) (a`/are subscribed to the within instrument and acknowledged to me that tA/she/they executed the same in his/her/their authorized capacity(ies), and that by h)6/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 tlfon paragraph is true and correct. ,o����0""''it D a Cot 046. WITNESS my hand and official seal. ?s p-; s iu NOTARY / O : PUBLtO %n4ure ' 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 Massachusetts County of Middlesex } ss. On April F; 2022 before me, Krista Fletcher Notary Public, personally appeared Mark D. Leskanic 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. Sigpature I.E. General Engineering Inc. Page B-3 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION DECEMBER 31, 2020 Assets Cash in Banks $293,990,621 Bonds owned $ 3,620,730,816 Stocks $ 653,208,881 Premiums in course of collection $ 525,571,487 Accrued interest and other assets $ 593,248,584 Total Assets $ 5,686,750,389 Liabilities Reserve for losses and adjustment expenses $2,577,386,588 Reserve for unearned premiums $ 946,480,428 Ceded reinsurance premiums payable $ 377,159,781 Amounts withheld or retained by company for account of others $ 170,189,032 Reserve for taxes, expenses and other liabilities $ 483,069,562 Total Liabilities 4,554,285,393 Surplus as regards policyholders 1,132,464,997 Total Surplus and Liabilities $5,686,750,389 By: Attest: Executive Vice President, Chief Executive Vice President, Financial Officer and Treasurer General Counsel and Secretary State of)�`' r� SS County of) Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2020. Subscribe4and worn tobefore me, this %l day of ��m t t GOO MINA 7� /y Notary P1 Y� IN ! �Q � l Q � ��a�� Vt.. 6ARrARA A. lEeE Notary Public, Slate ql Naw Jorsey Commission # 58107758 gmmissign Fa Tres Juna 27,2 24 r AIC 0000362493 This Paver ofAttorney 11adds the acts of Nurse awned herelu, awl they have no anthorlfy to baud the Company except in the manner and to the extent herein stater!. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate orResidendnl Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organizer) and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Mark D. Leskanic of Natick, MA its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (90,000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 11, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surely obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 11, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 11, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22nd it of June, 2021 Attested and Certified , r� tlltp} y. Arch hrsurance Co pany tilJKtt70AYE `ei ����,1 V V� ._..-•" 1;J � SEAL Regan A. Shulman, Secretary 19n Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripoli, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being themunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. - Cb[MtlnrnelldlWPOIR,WAryublic eat MIGOttE i "Pith aCteiY Public PhNWdWWAards-�13 MYCommIBbn Esplto3.FdyD, 20t4 Michele Tripodi, Notary Public WmmNrbn aanber i166W My commission expires 07/31/2025 CERTIFICATION I, Regan A. Shulman , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 22, 2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WI IEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company ony�this �5th day .�o�fApril 2022 Regan A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch hrsurance — Surety Division Wr - 3 Parkway, Suite 1500Philadelphia, PA 19102 srld 1951 To verify the authenticity of this Power of Attorney, please contactArch Insurance Company at SuretilAuthenMBCtarcfi ns Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca,gov May 5, 2023 I.E. General Engineering Inc. Attn: Vincenzo Nanci 1440 Beaumont Ave., Suite A2-130 Beaumont, CA 92223 Subject: Alley Reconstruction (AS-116,116B & F Street Areas - C-7976-1 Dear Mr. Nanci: On February 28, 2023, 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 March 1, 2023, Reference No. 2023000046770. The Surety for the bond is Arch Insurance Company and the bond number is SU1182457. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. SU1182457 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to I.E. General Engineering, Inc. hereinafter designated as the "Principal," a contract for (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents 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, Arch 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 Twenty One Thousand Six Hundred Eighty Eight Dollars and 001100 ($621,688.00) 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 I.E. General Engineering Inc. Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of April , 2022 . IE General Engineering, Inc. Name of Contractor (Principal) Arch Insurance Company Name of Surety 210 Hudson Street, Suite 300, JERSEY CITY, NJ 07311 - 1107 Address of Surety (201) 743-4000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: < -3 - 77_ M m C. Harp Attorney vtv---_ Authorized Signature/Title L� Authorized Agent Signature Mark D. Leskanic, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I.E. General Engineering 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 Cairfar is County of 5¢okan� } ss. On pci 1 "I't't•. 20 2Z before me, (tr(i 17 C�Itavti Notary Public, personally appeared J u who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ' /are subscribed to the within instrument and acknowledged to me that o/she/they executed the same in hiX/her/their authorized capacity(ies), and that by ttirs/herttheir 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 paragraph is true and correct. WITNESS my hand and official seal. ° NOTARY o UBLIC S' ure (se 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 Massachusetts County of Middlesex } ss. On aril 5 2022 before me, _Krista Fletcher Notary Public, personally appeared Mark D. Leskanic 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. Si@Kature I.E. General Engineering Inc. Page A-3 3l1/23, 9:54 AM Batch 15406236 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 IIIIIIIIIIIIIIIII IIIIIIIIII JIIIII IIIIIIII1l111IIIIIIIIII[IIIIIIIII NO FEE $ R 0 0 1 4 2 2 5 3 7 9 $ * 2023000046770 9:45 am 03/01/23 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 LE General Engineering Inc., Beaumont, California, as Contractor, entered into a Contract on March 22, 2022. Said Contract set forth certain improvements, as follows: Alley Reconstruction (AD-116. 116B & F Street Areas) - C-7976-1 Work on said Contract was completed, and was found to be acceptable on February 28, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Arch Insurance Company. BY Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.Ilm Executed on at Newport Beach, California. BY yromo• aEWPpR T City Clerk U n �«= C'9<rpoft ' https:/Igs.secure-recording.com/Batch/Confirmation/15406236 1/d 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 I.E General Engineering Inc., Beaumont, California, as Contractor, entered into a ^ ,n.,T,^-� m ` - ` -- ""arch 22, 2022. Said Contract set forth certain improvements, as follows: Alley Reconstruction (AD-116, 116B & F Street Areas) - C-7976-1 Work on said Contract was completed, and was found to be acceptable on February 28, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Arch Insurance Company. BY G Public orks irector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Ia /fin Executed on v4� �at Newport Beach, California. BY V' mtr4.� City Clerk e,�� CITY OF NEWPORT BEACH t 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 8th day of March, 2022, at which time such bids shall be opened and read for Alley Reconstruction 4AD-116, 116B & F Street Areas) PROJECT NO.22R07 CONTRACT NO. 7976-1 $700,000 Engineer's Estimate Approved by ames M. oulihan putt' PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Pians via PlanetBids: hAR:I/www.Riangthids.pom/`R2ELaltportal.cftn2CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print at (949756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classitication(s) required for this project: "A" For further information, call Patrick Arciniega, Proiect Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htt Unew o beach v/ vernmentto en -trail arent/online- ervices/bids-rf s- vendor-reglstratlon City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 TABLE OF CONTENTS NOTICE INVITING 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 Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 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 Planet8ids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general 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 (416) 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. rags shallQbe.posted by the Contractor at the„ job site. 9, The Contractor shall be responsible for insuring corr pliance wish provisions of' Section 1777,5 of the Labor Code Apprenticeship requirements and Section 4.100 et s'eq. 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 reviewed. 1015380 Contractor's License No. & Classification Authorized Signature/Title 1000043058 DIR Registration Number & Expiration Date IE General Engineering Inc. Bidder 5 03/07/2022 Date City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Alleys Reconstruction (AD -116, 116B & F Street Areas), Contract No. 7976-1, 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 8th IE General Engineering, Inc. Name of Contractor (Principal) Arch Insurance Company Name of Surety 210 Hudson Street, Suite 300 JERSEY CITY, NJ 07311 - 1107 Address of Surety (201) 743-4000 Telephone day of March 2022. - uthorized Signature/Title -zLfzl� Authorized Abent Signature Mark D. Leskanic, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety, must be attached) 1.1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) 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) Thumbprint of Signer ■ Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 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 }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 Massachusetts County of Middlesex }ss. On March 8 2022 before me, Krista Fletcher Notary Public, personally appeared Mark D. Leskanic 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. T • and• - i1 . /. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION DECEMBER 31, 2020 Assets Cash in Banks Bonds owned Stocks Premiums in course of collection Accrued interest and other assets Total Assets Liabilities Reserve for losses and adjustment expenses Reserve for unearned premiums Ceded reinsurance premiums payable Amounts withheld or retained by company for account of others Reserve for taxes, expenses and other liabilities Total Liabilities Surplus as regards policyholders M Total Surplus and Liabilities Executive Vice President, Chief Financial Officer and Treasurer State of)'� J rel SS County of) Attest: $293,990,621 $ 3,620,730,816 $ 653,208,881 $ 525,571,487 $ 593,248,584 $ 5,686,750,389 $2,577,386,588 $ 946,480,428 $ 377,159, 781 $ 170,189,032 $ 483,069,562 Executive Vice President, General Counsel and Secretary 4,554,285,393 1,132,464, 997 $5,686,750,389 Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2020. Subscribed an sworn to before me, this -a day of kQ Cil' 0001 1 Notary Polic MIM Lq 1 BARPARA A. L�Jersey Nota rryy Public, State of ominiss;on#50Commission Expires Ju 1 AIC 0000362423 This Power ofAttorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Mark D. Leskanic of Natick, MA its true and lawful Attomey(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 11, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, rccognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 11, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 11, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22nd day of June, 2021 Attested and Certified Arch Insurance Co pany 9X--- ergAke .lL' �vr<rerlAl E 'ff V SEAL Regan A. Shulman, Secretary '9n Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. t arrnarweal E or PawKylvarda • Notary sat AYCNEtk TRIP001, Notary VuWk phgadelphla County AyC&WdW n Expires July 31, 2026 Comnbtton Number 116111622 Michele Tripodi, Notary Public CERTIFICATION My commission expires 07/31/2025 I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 22.2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 8th day of March 2022 Regan A. Shulman, Secretary This Power ofAttorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authorityto bind the Company except in the manner and to the extent herein stated. —, -!nZ.Z '..` PLEASE SEND ALL tY AIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: ��s'�►' ��""9y Arch Insurance — Sure Division r/r 3 Parkway, Suite 1500 tJUKRJIt+tTE Philadelphia, PA 19102 t'9'il To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at Su retyAuthentic@2 fcii ns ru &tsce. Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. 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 Califorla County of K,66 1e,�}ss. On ~ j v , 20 rt before me, L Notary Public, p rsonally appeared who proved tome on the basis of satisfactory evidence to be the persons whose nameis are subscribed to the within instrument and acknowledged to me tha hhP%she/they executed the same in wher/their authorized capacity), and that by is' her/their signatures(s-'on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language n �5°pT DANA L. CAMPBELL COMM.# 2282589 t^ PUBLIC -CALIFORNIA N Yz� £ NOTARY RIVERSIDE COUNTY MY COMM. EXP. MAR. 26, 20231 OPTIONAL INFORMATION 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. City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 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. IE General Engineering Inc. Bidder X vllr—� President Authorized Signature/Title City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name IE General Engineering 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 Project Description ADA Compliance for pavement Rehab Concrete Improvements Approximate Construction Dates: From Agency Name City of Temecula 09/2021 Contact Person Contact: Shawna Bennetts 10/2021 T Telephone (951)-506-5167 Original Contract Amount $ "',000.00Final Contract Amount $ 186,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Me 10 No. 2 Project Name/Number City of Temecula City wide Concrete Project Description City wide concrete repairs Approximate Construction Dates: From 06/2021 To: 08/2021 Agency Name City of Temecula Contact Person Will Becerra Jr Telephone ( )951-693-3963 285 Original Contract Amount $ 181,Final Contract Amount $ 181,285 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 3 Antelope Raised Median Project Name/Number Project Description Median improvements Approximate Construction Dates: From City of Menifee Agency Name 05/2021 To: 09/2021 Contact Person Carlos Geronimo Telephone ( ) 951-672-6777 Original Contract Amount $501,293 Final Contract Amount $ 501,293 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Yucaipa Ave A - South Side- 1st- Adams St Project Name/Number Project Description Street Improvement Approximate Construction Dates: From Agency Name City of Yucaipa 12/20 To: 01/2021 Contact Person Crystal Campbell Telephone ( 909-797-2489 ) Original Contract Amount $ 163,987 Final Contract Amount $ 163,987 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Irel Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. IE General Engineering Inc. Bidder 13 vy--� President Authorized Signature/Title City of Newport Beach Alley Reconstruction (AD -116,_ 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 79 6-1 NON -COLLUSION AFFIDAVIT State of California } ) ss. County of ) `6 being first duty sworn, deposes and says that he or she is of .. n.� / the party malting the foregoing bid; that ttTTbid isnot 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 ge uine 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 of in any manner, directly or indirectly, sought by agreement, communication,or conference with anyone to N the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, orof that of any other bidder, or to secure any advantage against the public body awarding the contract.of anyoneinterested 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 corents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any'corpora[ion, partnership, company association, organization, bid depository, or to any member or agent thereof to eife' tuate a collusive or sham bid'. I declare under penalty of perjury of the laws of the S t California that the fore4ping is true and correct. o Subscribed and sworn to (or affirmed) before me on this 0 day of 2021 by r0 p"Lck proved to hie on the basis of satisfactory evidence to be the person(s) who appeared before me. F 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Notary Public E i [SEAL] My Commissipn Expires: 14 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 bee Attached Document, (Notary to cross out lines 1-6 below) See Statement Below (Unes 1-6 to be completed only by document signer[sl,i not Notary) I Signature of Document Signer No. 1 Signature of Docu Signer No. 2 (if any) A notary pubric or ather officer completing this certificate verifies only the identity of the i} dividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or vartditybf that document State of Califo County of A waw DANA L' CAMPBELL Como,# 228289 NUTARy MLIO-CALIF5ORNA AlVaR8101 COURry MY COMM, jxp.jAAR. 26„4023 Subscribed and sworn to on this day of by Date (and , affirmed) before me A-LAZU�d , 202q�- Month Year I eoeb,f Signer* - proved to me on the basis of satisfactory evidence to be the personWVho 'apppared, before me. Signature Seal Place Notaty Seal Above OPTIOALAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docunient. Description of Attached Document Title tle or Type of Docurn 0 Document pate: Number of Pages: _ Signers) Other Than Named Above: @2014 National Notary Association - www.Natona]Notary.org - 1-800-0S NOTARY (1-8Q0-876-6827) Item #k5910 City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 DESIGNATION OF SURETIES Bidder's name IE General Engineering 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): Arch Insurance Co 201-743-4000 210 Hudson Ave Suite 300, Jersey City, NJ 07311 15 City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO.22R07 CONTRACT NO. 7976-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name IE General Engineering 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 2021 2020 2019 2018 2017 Total 2022 No. of contracts 7 23 6 8 17 12 73 Total dollar 1.7M Amount of 5AM 2AM 1.2M 3.6M 1.5M 15.8M Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 Q 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 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 IE General Engineering Inc. Business Address: 1440 Beaumont Avenue Ste. A2-130 Beaumont,CA 92223 Business Tel. No.: 951-616-3311 State Contractor's License No. and 1015380 Classification: A c53 B Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of ��fJ 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. INOTARY 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 K _ V-61��L(L On Y� ��Gt� �, � �.`� before me, CL UIQ L �t �ertknamei�: it(Here d He of Neo icer) personally appeared \ i , Vl,C'f.v\-zi; &1112 t(� who proved to me on the basis of satisfactory evidence to be the person(s�whose name. bs are subscribed to the within instrument and acknowledged to me that *she/they executed the same in��/her/their authorized capacity(os), and that by /her/their signatureW on the instrument the person(§, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �� DANA L. CAMPBELL WITNESS my hand and official seal. r-_5 Cow. # 2232539 'n n N '4j � � NOTP.RY PUBLIC -CALIFORNIA 111 i / \ R::ERSIDE CGU+JTV °' MC Y e�au. R�:F Idn3. 26, 2023' Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUIVIENT a (Title or description of attached ocument) I Ali L: 1L. (Title or descrilkion of attached document continued) Number of Pages Document Dated 3 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ElCorporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other :L*u 15 . _r sri-: NSTRUCTIONS FOR COMPLETING THIS FORM I This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the warding does not require the California notan, to violate California notary law. # • State and County information must be the State and County where the document signers) personally appeared before the notary public for aclatowledgnent. • Date of notarization must be the date that rhe signer(s) personally appeared wbich must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)_ • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/Y is /ate ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgrtteat form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. City of Newport Beach Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name IE General Engineering 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 Alley Reconstruction (AD -116, 1168 & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 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: IE General Engineering Inc. Name of individual Contractor, Company or Corporation: 1440 Beaumont Avenue Ste. A2-130 Beaumont,CA 92223 Business Address: Telephone and Fax Number: 951-616-3311 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Original Date Issued: 06/21/2016 Expiration Date: 1015380 06/30/2022 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Juan Garcia Project Manager 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 Vincenzo Nanci / President 24304 Topacio Ct. Wildomar CA 92595 951-616-3311 Vincenzo Nanci Vice President 24304 Topacio Ct. Wildomar CA 92595 951-616-3311 Gene M. Parker/ Secretary 1220 Dysart Drive, Banning, CA 92220 951-230-3735 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A 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; N/A Briefly summarize the parties' claims and defenses; N/A 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? Ye 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. (print name of Owner or President of Co oration/Company) T /-7. -6, ell Signaturer4ritie;� ILI Bidder Au# Tftle Date On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) Whose name(s) isfare subscribed to the within instrument and acknoWedged to me that hetshelthey executed the same in his/her/their authorized capacity(ies), and that by hisiheritheir signature(s) on the instrumeritthe 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. - 44 5c, i )Lej�iV6�(SEAQ 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 U'!(M /i On t tD before me, �-C�.L i Her9 rtrarm and Me ot a7antcerl personally appeared _ L�itR$C't who proved to me on'the basis of satisfactory evidence to be the person(€whose name,( is re subscribed to the wit i instrument and acknowledged. to me that she/they executed the same her/their- authorized capacity and that by 49' , her/their signatureKon the instrument the person 'or the entity upon behalf of 9 which the perso%Wacted, 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. 2a°.tom DANA L.CAMPBEII. WITNESS my hand and official 89 seal } NOTARY F'us 22s25OR c NOTARY pslog COUNTY + Rrygp&IOI: GOU'iiTY MY Court. EXP, MSR. 26, 2023 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (Re or d� j( fiongof attached document) (Ttde or description of attached document continued) Number of Pages _ J Document Date= -- CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer itie) 0 Partner(s) ❑ Attorney -in -Fact [] Trustee(s) Other X015 l 3i slur at n . =,ty:`td }til<tsne5 w`iti 8Qi-5 ' i- ' d NSTRUCTIONS FOR COivII'LETING THIS FORM ON Thisform complies with current California statutes regarding notary wording and, if needed; should be completed and attached to the document.. dclmowledgments from other states may be comgfered for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. 1 • State and County information must be the State and County where the document signers). personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the sig erf s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must pant his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. l aishehhey,-is later) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ■ The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits; otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differept document. Indicate title or type of attached document, number o f pages and date. indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a. staple. City of Newport Beach Alley Reconstruction (AD -116, 1168 & F Street Areas) PROJECT NO. 221R07 CONTRACT NO. 7976-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 ALLEY RECONSTRUCTION (AS -116, 1166 & F STREET AREAS) CONTRACT NO. 7976-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 22nd day of March, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and I.E. General Engineering Inc., a California corporation ("Contractor"), whose address is 1220 Dysart Drive, Banning, California 92220, 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: (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents (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. 7976-1, 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 Twenty One Thousand Six Hundred Eighty Eight Dollars and 00/100 ($621,688.00). 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 Juan Garcia 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. I.E. General Engineering Inc. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 I.E. General Engineering Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Vincenzo Nanci I.E. General Engineering Inc. 1440 Beaumont Ave., Suite A2-130 Beaumont, CA 92223 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. I.E. General Engineering Inc. Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract I.E. General Engineering Inc. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless I.E. General Engineering Inc. Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. I.E. General Engineering Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 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. I.E. General Engineering Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] I.E. General Engineering 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:/a I ZZ By: on C. Harp V�"4 3 • vs• 2L -- City Attorney ATTEST: Date: I By: 4��— Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California rna1u,LHc19PI corporation Date: 4( /Z-� Q P n MLlydoon or CONTRACTOR: I.E. General Engineering Inc., a California corporation Date: Signed in Counterpart By: Enzo Nanci Chief Executive Officer Date: Signed in Counterpart By: Gene Parker Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements I.E. General Engineering 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: By: - ) O. (cr i a on Harp -s •x.41--wL-_ Attorney ATTEST: Date: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: I.E. General Engineer n Inc., a California corporation Date: �j1�22 By: Enzo Nanci Chief Executive Officer Date: By: Gene Parker Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements I.E. General Engineering Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. SU 1182457 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to I.E. General Engineering, Inc. hereinafter designated as the "Principal," a contract for (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents 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, Arch 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 Twenty One Thousand Six Hundred Eighty Eight Dollars and 00/100 ($621,688.00) 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 I.E. General Engineering Inc. Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of April 2022 . IE General Engineering, Inc. Name of Contractor (Principal) Arch Insurance Company Name of Surety 210 Hudson Street, Suite 300, JERSEY CITY, NJ 07311 - 1107 Address of Surety (201) 743-4000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: - 3 72_ !r> m C. Harp Attorney tly-- . Authorized Signature/Title 9M� -- — ut orized Agent Signature Mark D. Leskanic, Attorney -in -Fact Print Name and Title f (AV,•aw1VlZti NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I.E. General Engineering 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 agto County of SQck6n'r— I ss. On 1 -1 20 2Z before me, '5("iYU 17 C��Lev`„ Notary Public, personally appeared l v, o c . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ' /are subscribed to the within instrument and acknowledged to me that b_6/she/they executed the same in h1/her/their authorized capacity(ies), and that by 1}�s/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1,.aH11"Itt , I certify under PENALTY OF PERJURY under the laws of the State of C tD�Q,%,foregoing paragraph is true and correct. `' gsioiv''••�j''% • �o 12uzo,�+ ., WITNESS my hand and official seal. f °6 NOTARJ. S' ure 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 Massachusetts PUBLIC 2 O,c'" e.... tNAS ....o County of Middlesex I ss. On April 5 , 2022 before me, Krista Fletcher Notary Public, personally appeared Mark D. Leskanic 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. Si@Kature I.E. General Engineering Inc. Page A-3 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. SU 1185457 FAITHFUL PERFORMANCE BOND One Hundred Twenty -One Thousand Six Hundred Eighty -Eight and no/100 Dollars The premium charges on this Bond is $ $621,668.00 being at the rate of $ 2.50 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to I.E. General Engineering, Inc. hereinafter designated as the "Principal," a contract for (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents 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 Arch 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 Twenty One Thousand Six Hundred Eighty Eight Dollars and 00/100 ($621,688.00) 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. I.E. General Engineering Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 5th day of April ,2022 . IE General Engineering, Inc. Name of Contractor (Principal) Arch Insurance Company Name of Surety 210 Hudson Street, Suite 300, JERSEY CITY, NJ 07311 - 1107 Address of Surety (201) 743-4000 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S7 Z Z By: fir) on C. Harp prMel�tslvv City Attorney PO --- Authorized Si ture/Title Authorized Agen ignature Mark D. Leskanic, Attorney -gin -Fact Print Name and Title K NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I.E. General Engineering 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 t 9for A County of oka ne, } ss. On ARA l —t 20 before me, GJ(a.vc, Z> Notary Public, personally appeared \ jLA r f Aa0 r.1c.n o: who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ji/are subscribed to the within instrument and acknowledged to me that 0/she/they executed the same in his/her/their authorized capacity(ies), and that by h#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 tggj,ftloregoing paragraph is true and correct. �,�•��•D a�� WITNESS my hand and official seal. • o��o�zs�s°�sA'�F s 1 ' PUBLIC (sealf-v'� 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 Massachusetts County of Middlesex }ss. On April 5 2022 before me, Krista Fletcher Notary Public, personally appeared Mark D. Leskanic 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 . and. META FLETCHER Not&y ftnM 80d I.E. General Engineering Inc. Page B-3 ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION DECEMBER 31, 2020 Assets Cash in Banks Bonds owned Stocks Premiums in course of collection Accrued interest and other assets Total Assets Liabilities Reserve for losses and adjustment expenses Reserve for unearned premiums Ceded reinsurance premiums payable Amounts withheld or retained by company for account of others Reserve for taxes, expenses and other liabilities Total Liabilities Surplus as regards policyholders Total Surplus and Liabilities Attest: Executive Vice President, Chief Financial Officer and Treasurer State of) SS County of) $293,990,621 $ 3,620,730,816 $ 653,208,881 $ 525,571,487 $ 593,248,584 $ 5,686,750,389 $2,577,386,588 $ 946,480,428 $ 377,159,781 $ 170,189,032 $ 483,069,562 Executive Vice President, General Counsel and Secretary 4,554,285,393 1,132,464,997 $5,686,750,389 Thomas James Ahern, Executive Vice President, Chief Financial Officer and Treasurer and Regan Shulman, Executive Vice President, General Counsel and Secretary being duly sworn, of ARCH INSURANCE COMPANY, Missouri; and that the foregoing is a true and correct statement of financial condition of said company, as of December 31, 2020. Subscribed anqAworn to before me, this a day of NQ 61 t GO@ Notary Polic I BARVARA A. LEE Notaryry Public, State of New Jersey Commiss°on # 50107758 Commission &pires Jcna 27. 2024 ; r_, AIC 0000362493 This Power ofAftorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Mark D. Leskanic of Natick, MA its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (90.000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 11, 2020, true and accurate copies ofwhich are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors ofthe Company on December 11, 2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 11, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 22nd day of June, 2021 Attested and Certified ,Van" C Arch Insurance Co pany WfIrt7KATE 'd SEAL Regan A. Shulman, Secretary t9n Stephen C. Ruschak, Executive Vice President STATE OF PENNSYLVANIA SS MlSfbylf COUNTY OF PHILADELPHIA SS I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. Cwnn MCKUgid� • Public narysodSa R*bddphte County % if AV CommWon Ewes July 31, MIS Caro*" Nunber 116/612 Michele Tripodi, Notary Public CERTIFICATION My commission expires 07/31/2025 I, Regan A. Shulman , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 22, 2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 5th day of Ap,11 2022 � ^ Regan A. Shulman, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway, Suite 1500" WtptMnrk Philadelphia, PA 19102E S i�1� tAn r To verify the authenticity of this Power of Attorney, please contact Arch Insurance Company at SuretyAuthentl,(arc►insssra� com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. 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 I.E. General Engineering 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 Subroqation. 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 I.E. General Engineering 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 I.E. General Engineering 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. I.E. General Engineering 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. I.E. General Engineering Inc. Page C-5 City of Newport Beach Alley Reconstruction (AD -116, 1168 & F Street Areas) PROJECT NO. 221R07 CONTRACT NO. 7976-1 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. 7976-1 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: 3/7/2022 Date 951-616-3311 Bidder's Telephone and Fax Numbers 1015380 Bidder's License No(s). and Classification(s) 1000043058 DIR Registration Number Bidder's email address: IE General Engineering Inc. Bidder � .---� President n Bidder's Authorized Signature and Title 1440 Beaumont Avenue Ste. A2-130 Beaumont,CA 92223 Bidder's Address accounting@iegeneral.com PR -1 Vendor Name iE General Engineering inc Address 1440 Beaumont Ave Suite A2-130 Delivery Method Beaumont, California 92223 Bid Responsive United States Respondee Juan Garcia Respondee Title project manager Phone 951-775-6615 Email juan@iegeneralengineering_com Vendor Type CADIR License # 1015380 CADIR 1000043058 Bid Format Electronic Submitted 03/08/2022 9:13 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 283204 File Title File Name File Type BID SUBMITTAL C-7676-1 IE General Engineering Inc.pdf BID SUBMITTAL C-7676-1 IE General Engineering Inc.pdf General Attachment Bid Bond C-7976-1 IE General Engineering Inc.pdf Bid Bond C-7976-1 IE General Engineering Inc.pdf Bid Bond Showing 2 Subcontractors Name & Address On Point Land Surveying Inc. 1910 Orange Tree Lane Redlands, California 92374 Superior Pavement Markings 5312 Cypress St. Cypress, California 90630 Desc License Num Survey 8601 Signing Striping 776306 CADIR Amount Type 1000003100 S17,280 00 100000/476 S8,710.00 Discount Terms No Discount Item # Item Code Type Item Description Section 1 Line Total 1 Mobilization, Demobilization, and Cleanup 2 Traffic Control 3 3A Monument Preservation 4 3B Construction Surveying 5 Provide As -Built Plans 6 Adjust and/or Relocate Utility Box to Grade 7 Remove Pavement and Reconstruct 6 -Inch Thick Fiber Reinforced PCC Pavement 8 Remove Existing and Install New 1 -Inch Water Meter Box and Cover to Grade 9 Remove Existing and Install New Water Valve Box and Cover to Grade 10 Remove Existing and Install New Sewer Cleanout Box and Cover to Grade 11 Remove and Reconstruct 6 -Inch Thick PCC Alley Approach 12 Remove and Reconstruct 4 -Inch Thick PCC Sidewalk 13 Remove Existing and Construct 6 -Inch Thick Fiber Reinforced PCC Patchback 14 Remove Existing and Install 2 -Foot Wide by 1 -Foot Deep Full Depth AC 15 Remove and Reconstruct 8 -Inch Thick PCC Pavement 16 Adjust Existing Streetlight Pull Box to Grade 17 Remove Existing Concrete Valley Gutter 18 Construct Crushed Miscellaneous Base 19 Signing and Striping UOM QTY Unit Price Line Total Response Comment $621,688.00 LS 1 $20,000.00 $20,000.00 Yes LS 1 510,000.00 $10,000.00 Yes LS 1 $50,000.00 S50,000.00 Yes LS 1 $19,008.00 $19,008.00 Yes LS 1 $5,000.00 S5,000.00 Yes LS 1 $75,000.00 $75,000.00 Yes SF 16000 $15.00 S240,000.00 yes EA 102 $750.00 576,500.00 Yes EA 11 $500.00 $5,500.00 Yes EA 8 $2,000.00 $16,000.00 Yes SF 1100 514.00 $15,400.00 Yes SF 300 $6.50 $1,950.00 Yes SF 5300 58.50 $45,050.00 Yes TON 20 $500.00 $10,000.00 Yes SF 300 $20.00 $6,000.00 Yes EA 1 $550.00 $550.00 Yes SF 480 $5.00 S2,400.00 Yes TON 110 $125.00 $13,750.00 Yes LS 1 $9,580.00 $9,580.00 Yes Section Title Section 1 Grand Total Line Total $621,688.00 $621,688.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES g 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 9 7-7 COOPERATION AND COLLATERAL WORK 9 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 11 9-2 LUMP SUM WORK 11 9-3 PAYMENT 11 9-3.1 General 11 9-3.2 Partial and Final Payment. 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 200 — ROCK MATERIALS 14 200-2 UNTREATED BASE MATERIALS 15 200-2.1 General 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 15 201-1.1 Requirements 15 201-1.1.2 Concrete Specified by Class and Alternate Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2 Steel Reinforcement 15 201-2.2.1 Reinforcing Steel 15 SECTION 203 — BITUMINOUS MATERIALS 15 203-6 ASPHALT CONCRETE 15 203-6.5 Type III Asphalt Concrete Mixtures 15 SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 16 214-4 PAINT FOR STRIPING AND MARKINGS 16 214-4.1 General 16 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 SECTION 302 - ROADWAY SURFACING 17 302-5 ASPHALT CONCRETE PAVEMENT 17 302-5.1 General 17 302-5.8 Manholes (and Other Structures) 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions 17 17 17 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 19 DRIVEWAYS 18 303-5.1 Requirements 18 303-5.1.1 General 18 303-5.4 Joints 18 303-5.4.1 General 18 303-5.5 Finishing 18 303-5.5.2 Curb 18 303-5.S.4 Gutter 18 SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 18 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-2.1 General 19 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 19 314-4.1 General 19 314-4.2 Control of Alignment and Layout 19 314-4.2.1 General 19 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 19 314-4.4.1 General 19 314-4.4.2 Surface Preparation 20 PART 6 - TEMPORARY TRAFFIC CONTROL 20 SECTION 600 - ACCESS 20 600-1 GENERAL 20 600-2 VEHICULAR ACCESS 20 600-3 PEDESTRIAN ACCESS 21 SECTION 601— WORK AREA TRAFFIC CONTROL 21 601-1 GENERAL 21 601-2 TRAFFIC CONTROL PLAN (TCP) 21 ��Q�OF`SSIG�I CITY OF NEWPORT BEACH�o��� PUBLIC WORKS DEPARTMENT No. 38832 SPECIAL PROVISIONS Alley Reconstruction (AD -116, 116B & F Street Areas) PROJECT NO. 22R07 CONTRACT NO. 7976-2 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 -7011-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria 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 Page SP 1 of 22 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of, but is not limited to, (1) distributing notices to affected residents; (2) traffic control; (3) construction surveying; (4) removing existing asphalt or concrete streets/alleys, alley approaches, sidewalks, curb and gutter, concrete valley gutters and driveways; (5) constructing new concrete streets/alleys, alley approaches, sidewalks, curb and gutter and driveways; (6) adjusting City utilities to grade; (7) installing new traffic striping; (8) coordinating with outside utility owners to have their facilities raised to grade; (9) removing existing hardscaping, pavement and landscape as needed for contract work; and (10) other incidental items to be completed in work places required by the Contract Documents. All construction for the work shall reference these Special Provisions, the Standard Specifications, and all Contract related documents. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall include in their bid a $50,000 allowance for the survey work detailed below. As part of this contract, the contractor will be required to use Coast Surveying, Inc. of Tustin CA for recording and restoring monuments and can be contacted at (714) 918-6266: Coast Surveying, Inc. 15031 Parkway Loop, Suite B Tustin, CA 92780-6266 (714) 918-6266 Page SP 2 of 22 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. Coast Surveying, Inc. 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 use Coast Surveying, Inc. for restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Coast Surveying, Inc. and can be contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 - hours in advance of any work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Page SP 3 of 22 Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. Page SP 4 of 22 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. The Contractor will adjust all water meter and valve boxes shown on the plans. The Contractor will also coordinate with The Gas Company regarding any gas meter boxes that need to be adjusted. The Contractor will be required to coordinate with and use Asplundh (Adam Lederman 562-509-7939) to adjust any Southern California Edison (SCE), Spectrum, AT&T and any other utility company handholes to finish grade. The Contractor shall provide the necessary survey control for Asplundh to the handholes and/or vaults to the final grade. Asplundh will be required to coordinate with these companies for inspection of the work. Asplundh shall verify that the horizontal location of the SCE, Spectrum and AT&T Utility handholes are such that they are in uniform alignment from the centerline. Contractor shall provide Asplundh a minimum of one day to perform these adjustments per alleys between River Avenue and Balboa Blvd. Alley between 44th and 45th will require two days of Asplundh's services for adjustments. An Allowance of $75,000 shall be provided in the Contractor's bid for Asplundh's services that will be accomplished on a time and materials basis. Page SP 5 of 22 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. Contractor shall construct project so that no consecutive alleys are constructed at the same time. 2. Sidewalks, curb and gutters and alley approaches shall be the first order of work. 3. Each alley shall be completed and opened to the public within ten (10) consecutive working days. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start within three (3) weeks from the contract award date. Page SP6of22 Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 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 301h (City Office Closure) 12. December 31 st (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full-size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. Page SP7of22 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. In accordance with Section 6-1.1, the Contractor shall complete each phase within ten (10) consecutive working days from the first day of demolition to the last day when the street or alley is open to vehicular traffic. If any phase is not completed within the allotted time, an additional liquidated damage of $1,000 will be assessed for each consecutive calendar day until completion of the phase. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and 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 Page SP 8 of 22 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. Page SP 9 of 22 d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards and type that minimizes noise (NO Welded bead type) In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface when placed longer than one day. All trenching on street areas shall be base paved daily or utilize steel plates as defined here in. Page SP 10 of 22 SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization, Demobilization and Cleanup: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing 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, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 3A Monument Preservation (ALLOWANCE): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying monuments, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place Contractor shall be required to Page SP 11 of 22 use Coast Surveying for these services and shall include $50,000 in this bid item for such. Item No. 313 Construction Surveying: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, establishing centerline ties, and other survey items as required to complete the work in place. Item No. 4 Provide As -Built Plans (FIXED): 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 $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 5 Utility Handhole Adjustment: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for adjusting to grade the SCE, Spectrum and AT&T handholes, aligning with center swale, and all other work items as required to complete the work in place. Contractor shall utilize Asplundh to adjust these handholes. Contractor shall include an allowance of $75,000 for Asplundh services in this bid item. Item No. 6 Remove Existing Pavement and Reconstruct 6 -inch Thick Fiber Reinforced PCC Pavement: Work under this item shall include, but not be limited to, removing, and disposing of the existing alley or street pavement, base and sub -base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -inch thick fiber reinforced, Type III PCC alley/street pavement over compacted native per City of Newport Beach STD -140 and STD -141, installing joint filler, doweling and joining edges of the existing and proposed alley or street pavement, restoration of any private improvements damaged during construction, and all other work necessary to complete in place. Typical slot paving at AC pavement join location along private property lines shall also be included under this bid item. All slot paving exceeding 1 - foot in width due to poor or raveled join connections, or that are noted on the plans for replacement shall be paid for under separate bid item. All costs associated with grading existing dirt or base at the edge of the alley (including removal and disposal of any existing headers and regardless of grading width) shall also be included under this bid item and no additional compensation will be allowed. Item No. 7 Remove Existing and Install New 1 -inch Water Meter Box and Cover to Grade: Work under this item shall include, but not be limited to, removing and replacing existing water meter boxes with new 1 -inch water meter box and lid provided by the City of Newport Beach and adjusting to the final grade, and all other work items as required to complete the work in place. Page SP 12 of 22 Item No. 8 Remove Existing and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, furnishing and installing a new water valve box and cover to grade per CNB STD -513, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 9 Remove Existing and Install New Sewer Cleanout Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sewer cleanout box and cover, furnishing and installing a new sewer cleanout box and cover to grade per CNB STD -406, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 10 Remove and Reconstruct 6 -inch Thick Concrete Alley Approach: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing alley approach, grading and compacting subgrade, constructing 6 -inch thick PCC alley approach over 4 inches of compacted crushed miscellaneous base, doweling and joining the edges of the existing and proposed alley approach, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Remove and Reconstruct 4 -inch Thick Concrete Sidewalk: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing sidewalk, grading and compacting subgrade, constructing concrete sidewalk, installing expansion joint material, constructing weakened plane joints, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove Existing and Construct 6 -inch Thick Fiber Reinforced PCC Patchback: Work under this item shall include, but not be limited to, identifying the limits of and removing and disposing of the existing private improvements/pavement, base and sub base, saw cutting, disposing of excess material, grading, doweling and joining the edges of existing and proposed alley, compaction, constructing 6 -inch thick fiber reinforced Type III PCC pavement over compacted native ground per City of Newport Beach STD -140 and STD -141, installing joint filler, restoration and cleaning of any private improvements damaged during construction, and all other work necessary to complete work in place. Item No. 13 Remove Existing and Install 2 -foot Wide by 1 -foot Deep Full Depth AC: Work under this item shall include, but be limited to, removing and disposing the existing asphalt concrete, base and subgrade, installing full depth AC, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 13 of 22 Item No. 14 Remove and Reconstruct 8 -inch Thick Concrete Pavement: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing, hauling and disposing existing concrete or asphalt concrete pavement, grading and compacting subgrade, doweling, constructing concrete pavement, sawcutting, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Adjust Existing Streetlight Pull Box to Grade: Work under this item shall include adjusting of streetlight pull boxes to grade per CNB STD -204, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Remove Existing Concrete Valley Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing concrete valley gutters, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Construct Crushed Miscellaneous Base: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for compacting the subgrade material, spreading and compacting crushed miscellaneous base underneath alley/street pavement or sidewalk, protection of adjacent surfaces, and all other work items as required to complete the work in place. The precise location, payment and quantity will be determined in the field in consultation with the Engineer. Item No. 18 Signing and Striping: 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. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS Page SP 14 of 22 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland Cement Concrete shall be Class 560-C-4000, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley and street pavement. Contractor shall use minimum 4 -inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch rock concrete for the Engineer's approval. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). Page SP 15 of 22 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. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Removal and disposal of material shall be done by City approved licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Page SP 16 of 22 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges and to the nearest joint or score line 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 lob. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. Page SP 17 of 22 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. 303-5.4 Joints 303-5.4.1 General The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. The Contractor shall be required to use a "green saw" to saw the initial control joint (longitudinal and transverse) in the concrete on the same day as placement. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS Page SP 18 of 22 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of Page SP 19 of 22 work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. Page SP 20 of 22 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. After posting temporary "NO -PARKING -TOW AWAY' signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY' sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY' signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. City "PERMIT PARKING ONLY' signs are available from the Engineer. In addition to the 10 -day and 48-hour notices described above, the Contractor shall hand out two temporary parking permits to each residence adjacent to the alley construction. Temporary parking permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 600-3 PEDESTRIAN ACCESS Pedestrian access to all residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page SP 21 of 22 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. Contractor may be required to move resident trash cans to ends of alleys to accommodate trash collection. On trash collection days, the refuse company will start trash collection for alleys under construction at 7:00 AM 5. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 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. 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. 8. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads, especially once the existing surface is removed. Concrete shall be placed by pumping from adjacent streets. 9. Alleys can be closed to thru traffic, but pedestrian access shall be maintained to garages at all times except when excavating immediately adjacent to them. When excavation is immediately adjacent to garages, pedestrian access shall be restored at the end of each work week unless otherwise approved by the City. Page SP 22 of 22 From: Customer Service To: Moroan, Shelby Cc: lori.alcala(abebix.com Subject: Compliance Alert -Vendor Number 7976-1 Date: April 26, 2022 6:36:01 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7976-1 I.E. General Engineering, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.