HomeMy WebLinkAboutC-7679-2 - City Bridge Deck MaintenanceCITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
January 10, 2024
Peterson -Chase General Engineering Construction, Inc.
Attn: Gregory Chase
16351 Construction Circle West
Irvine, CA 92606
Subject: City Bridge Deck Maintenance — C-7679-2
Dear Mr. Chase:
On January 10, 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
January 11, 2023, Reference No. 2023000007740. The Surety for the contract is Great
American Insurance Company and the bond number is 4502228. Enclosed is the
Faithful Performance Bond.
Sincerely,
Leilani I. Brown, MMC
City Clerk
Enclosure
Executed in Two Counterparts
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.4502228
Premium: $1,950
FAITHFUL. PERFORMANCE BOND
The premium charges on this Bond is $ 1,950.00 , being at the
rate of $ 7.20 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the
"Principal," a contract for deck maintenance work to bridges throughout the City of
Newport Beach consisting of sealing decks with high molecular weight methacrylate,
installing deck joints, and striping -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 famishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
Great American Insurance Company duly authorized to
transact business under the laws of the State of Califomia as Surety (hereinafter
'Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Seventy Thousand Eight Hundred Dollars ($270,800.00) 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, orfails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Peterson -Chase General Engineering Construction, Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terns 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 1st day of September ,2022 .
Peterson -Chase General
Engineering Construction, Inc.
Name of Contractor (Principal)
Great American Insurance Company
Name of Surety
750 The City Dr. S., #470
Orange, CA 92868
Address of Surety
(714) 740-2400
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'$ OFFICE
Charles L. Flake / Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Peterson -Chase General Engineering Construction, Inc. Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )Ss.
On 20 before me, _
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be
subscribed to the within instrument and acknowledged to me
in his/her/their authorized capacity(ies), and that by his/her
the person(s), or the entity upon behalf of which the pers (;
I certify under PENALTY OF PERJURY under
paragraph is true and correct.
WITNESS my hand and official seal.
A notary public or other offi r completing this
certificate verifies only the ident' y the individual who
signed the document to wh this certificate is
attached, and not the truth e , accuracy, or validity
of that document.
State of California
at he/she/they executed the some
:ir signatures(s) on the instrument
acted, executed the instrument.
State of Califomia that the foregoing
(seal)
County of ss.
On 20 before me,
Notary Public, persona appeared
proved to me on the asis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the vAto n Instrument and acknowledged to me that he/she/they executed the same
in his/her/their auth rized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), 7eand
e entity upon behalf of which the person(s) acted, executed the instrument.
I certify under LTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is tr correct.
WITNESS rryy hand and official seal.
Signature
(seal)
Peterson -Chase General Engineering Construction, Inc. Page B-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 9/7/22 before me, K. von Schonfeldt, Notary Public
name and title of the officer)
personally appeared Dick W. Vogels
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS m hand and official seal. `ic.ryP PubliSCH0c
aELDT
y �`� Notary Publfc • California
8 Orange County
Commission N 2373285
0 My Comm. Expires Sep 28.2025
Signature �X.Y��� (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
On 9/1/2022 before me, Heather Willis
Date Here Insert Name and Title of the Officer
personally appeared Charles L. Flake
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
HEATHER WILLIS it
COMM. #2334067
NOTARY PUBLIC -CALIFORNIA it
ORANGE COUNTY
19MYCOMM. EAPIAES SEPtEMSEA25, ESH
T
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 /fie xeA
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthnr
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthar-
Signer Is Representing:
.__ __Q201_4_Natonalhlotary_Associatien__WwW ti nallootary.org_1-800-U_S_NOTARY(1_-800=876_6827) _ Item #5907
GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.0 20942
POWER OF ATTORNEY
I{NOW ALLMEN BYTHESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is narned, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address
Limit of Power
DAVID L. CULBERTSON HEATHER WILLIS ALL OF
ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM,
$100,000,000.00
SPENCER FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact mined above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this OTH day of SEPTEMBER 2020
Attest GREAT AMERICAN INSUPANCE COM♦♦♦PAN
Ov
B
@1 111W
Assistant secretary Divisional Senior flee Presidew
STATE OF OHIO, COUNTY OF HAMILTON - as: MARK VICARIO (e77-377-240e)
On this OTH day of SEPTEMBER 2020 ,before me personally appearedMARICVICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seat affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOIIORST
Notary Public
State of Ohio
My Comm, Expires
May 18, 2028
a, 'A
&Cay
This Power of Attorney is grantedby authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Pace Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or anyone of them, be and hereby is authorized, firm time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and me now in full force and effect.
Signed and sealed this 1st day of September 2022
,
Assistant Secretary
5102041(03120)
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
March 21, 2023
Peterson -Chase General Engineering Construction, Inc.
Attn: Gregory Chase
16351 Construction Circle West
Irvine, CA 92606
Subject: City Bridge Deck Maintenance - C-7679-2
Dear Mr. Chase:
On January 10, 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
January 11, 2023, Reference No. 2023000007740. The Surety for the bond is Great
American Insurance Company and the bond number is 4502228. Enclosed is the Labor
& Materials Payment Bond.
Sincerely,
44W411uy)-s
Leilani I. Brown, MMC
City Clerk
Enclosure
Executed in Two Counterparts EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 4502228
Premium: Included in Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the
"Principal," a contract for deck maintenance work to bridges throughout the City of
Newport Beach consisting of sealing decks with high molecular weight methacrylate,
installing deck joints, and striping 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,
Great American Insurance Company duly authorized to
transact business under the laws of the State of Califomia, as Surety, (referred to herein
as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Seventy Thousand Eight Hundred Dollars ($270,800.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable
by the City of Newport Beach under the terms of the Contract; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specked 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
Peterson -Chase General Engineering Construction, Inc. Page A-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Worts 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 1st day of September , 20 22
Peterson -Chase General
Engineering Construction, Inc.
Name of Contractor (Principal)
Great American Insurance Company
Name of Surety
750 The City Dr. S., #470
Orange, CA 92868
Address of Surety
(714) 740-2400
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
91
Charles L. Flake / Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Peterson -Chase General Engineering Construction, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me, _
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be
subscribed to the within instrument and acknowledged to me
in his/her/their authorized capacity(les), and that by his/her/I
the person(s), or the entity upon behalf of which the person(,
I certify under PENALTY OF PERJURY under the laws
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other officer mpleting this
certificate verifies only the identity o he individual who
signed the document to whi this certificate is
attached, and not the truthfulne , accuracy, or validity
of that document.
State of California
County of
On
Notary Public, per
ss.
20 before me,
Ily appeared
proved to me on t basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the #Rhin instrument and acknowledged to me that he/she/they executed the same
in his/her/their qAthorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), r the entity upon behalf of which the person(s) acted, executed the instrument.
S'on(s) whose name(s) is/are
she/they executed the same
natures(s) on the instrument
, executed the instrument.
of California that the foregoing
(seal)
I certify uno6r PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragrapV is true and correct.
my hand and official seal.
Signature (seal)
Peterson -Chase General Engineering Construction, Inc. Page A-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 9/7/22
before me, K. von Schonfeldt, Notary Public
(insert name and title of the officer)
personally appeared Dick W. Vogels
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. I'- von saowre or
:Votary Public California
Orange County
Commission k 2373285.....My Comm. Expires Sep 28, 2025
Signature 44N. • (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL ..
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 9/1/2022
Date
before me, Heather Willis
personally appeared Charles L. Flake
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
HEATHER WILLIS WITNESS my hand and official seal.
I COMM. N2334057 N
P NOTARY PUBLIC CALIFCRNIA � '
rn pRANGECOUNTY Signature�/s d
MY COMM. FXPIPES SEPIEMEEF 45 E02� -
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
F-1 CTther'
Signer Is Representing:
02014 National Notary Association • www.Nationa]Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #6907
GREAT AMERICAN INSURANCE COMPANY
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.0 20942
POWER OFATTORNEY
KNOW ALL MEN BYTHESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON HEATHER WILLIS ALL OF ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM, $100,000,000.00
SPENCER FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of SEPTEMBER 2020
Attest GREAT AMERICAN INSUfANCE CCOOMPP//A//N/`V
Assistant Secrelary Divisional Senior {ice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK Vt(3 a10 (e7a77-2405)
On this 8TH day of SEPTEMBER 2020 , before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOHORST
•' e Notary Public
i - State of Ohio
My Comm. Expires
May ill, 2025
a 4k4�
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior ice Presidents, Divisional rice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed
CERTIFICATION
1, STEPHEN C. BERA HA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 1 at day of September 2022
to
Assistant Secretary
51029AH (03/20)
1/11/23, 1:00 PM
Batch 15217525 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
IIIIIIIIIII] III 1[111111 fjIIII flIIII11]1I1111I1[[IIIIJIIII NO FEE
S R 0 0 1 4 1 4 9 6 6 8$ a
202300000774012:54 pm 01/11/23
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 Peterson -Chase General Engineering
Construction, Inc., Irvine, California, as Contractor, entered into a Contract on August 23,
2022. Said Contract set forth certain improvements, as follows:
City Bridge Deck Maintenance - C-7679-2
Work on said Contract was completed, and was found to be acceptable on
January 10, 2023, by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Great American Insurance Company.
In
Public Works Director'
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on at Newport Beach, California.
BY J�
City Jerk ' /,^^
https.//gs.secure-recording.com/Batch/Confirmation/l 5217525 1 /1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TC:
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 Peterson -Chase General Engineering
Construction, Inc., Irvine, California, as Contractor, entered into a Contract on August 23,
2022. Said Contract set forth certain improvements, as follows:
City Bridge Deck Maintenance - C-7679-2
Work on said Contract was completed, and was found to be acceptable on
January 10, 2023 by the City Council. Title to said property is vested in the Owner and
the Surety for said Contract is Great American Insurance Company.
I:l'1
Public Works DiredorI
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on �at Newport Beach, California.
BY
City Jerk
LW
r'" CITY OF NEWPORT BEACH
9
r NOTICE INVITING BIDS
v
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 31d day of August, 2022,
at which time such bids shall be opened and read for
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21R13
CONTRACT NO. 7679-2
$335,500
Engineer's Estimate
Approved b
gJame
4Weputy s M. Houlihann PWDICity Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
htti2://www.planetbids.com/portal/t)ortal.cfM?CompanylD=22078
Hard copy plans are available via
Santa Ana Blue Print at (949)756-1001
Located at 2372 Morse Avenue, Irvine, CA 92614
Contractor License Classifications) required for this project: "A"
For further information, call Tom Sandefur, Project Manager at (949) 644-3321
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
TABLE OF CONTENTS
NOTICEINVITING BIDS ..........................................................................................Cover
INSTRUCTIONS TO BIDDERS ...................................
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....................................................... ................1 g
INFORMATION REQUIRED OF BIDDER ......................
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
SPECIAL PROVISIONS ............................................ .............. SP-1
..................................
2
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful 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 them 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) 7034774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
Inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq, of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
►I
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
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 findiry9 with regard to the merits of
the claim or the responsibility or qualifications of the claimgintJ A
The signature below represents that the above has been
UOk5S-1Co Ct-5 32—
Contractor's License No. & Classification
1 O 00 O0 4\k Orb , la ` 23 A TL
DIR Registration Number & Expiration Date Date
� enerW—Eh `I lNe2c1
Bidder 13
5
Bond# 0284226
Premium: Nil
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 RI
CONTRACT NO. 7679-2
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of Newport
Beach, a charter city, in the principal sum of Ten Percent of Amount Bid
Dollars ($ 10% ), to be paid and forfeited to the City of
Newport Beach if the bid proposal of the undersigned Principal for the construction of City Bridge
Deck Maintenance, Contract No. 7679-2 in the City of Newport Beach, is accepted by the City
Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and
the Principal fails to execute the Contract Documents in the form(s) prescribed, including the
required bonds, and original insurance certificates and endorsements for the construction of the
project within thirty (30) calendar days after the date of the mailing of "Notification of Award",
otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual, it
is agreed that the death of any such Principal shall not exonerate Surety from its ob�,igations
under this Bond. / / /
Witness our hands this 12th day of
Peterson -Chase General Engineering
Construction, Inc.
Name of Contractor (Principal)
Great American Insurance Company
Name of Surety
750 The City Drive So., #470
Orange, CA 92868
Address of Surety
714-740-2400
Telephone
Charles L. Flake / Attorney -In -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of �CQL1C ) 1
On �� �,2Z before me,
Date Here Insert Name and Title oft Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
K. VON SCHONFELDT WITNESS my hand and official seal.
Notary Public •California
Orange County
Commission # 237328J2025
Signature
+i.o•"`� My Comm. Expires Sep 28,
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
L:'r/Gv4'r� �� 'd •✓� v 'rr 'r�G�.'�:�✓,6'•✓' .'er.'•✓.'r�.'✓S'✓ •�6. 6� •�6'�J4'✓ •e�6'N4'��-✓4'y4•e� •ar.'•✓'i-�6-d�-�� ✓6•J,•ar •�4-ei ✓4•y •.•r •rib-✓�•�
CALIFORNIA ALL-PURPOSE 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 Orang
On 7-12-22
before me, Lexie Sherwood
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Charles L. Flake
Name(s) of Signer(s)
!f
LEXIE SHERWOOD
COMM. #2363681 rn
NOTARY PUBLIC - CALIFORNIA K
U)
ORANGE COUNTY
MY COMM EXPIRES JULY 27. 2025
, Notary Public,
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official seal.
Signature A�� 'd�
Place Notary Seal Above Signature ofTQotary Public Lexie Sherwood
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date.-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
POWER OF ATTORNEY
No.0 20942
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON HEATHER WILLIS ALL OF ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM, $100,000,000.00
SPENCER FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of SEPTEMBER 2020
Attest GREAT AMERICAN INS NCElilo i COMPL
l��'�Jy�y44F
a .-
a�,'k''./.r V
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK wCARio (877-377-2405)
On this 8TH day of SEPTEMBER 2020 , before me personally appeared MARK VICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOHORST
Notary Public
State of Ohio
My Comm. Expires
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 12th day of July 2022
41(_
Assistant Secretary
S1029AH (03/20)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )SS.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity(ies) claimed by Signer(s):
Trustee
Power of Attorney
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
ACKNOWLEDGMENT
7
(seal)
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
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
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
(seal)
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
N.
(seal)
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
DESIGNATION OF SUBCONTRACTOR S - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
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 St to law. No changes may be made
in these subcontractors except with prior approval of the City of NewporIBea?. Bidders must also include
DIR registration numbers for each subcontractor. [[[[[[ 1 /// A
��c,-C1cg� ���r►n�Connllnc,
Bidder Authorized
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!! I Please print or type.
Bidder's Name 2 C `,�
C�aSe ins? r i � n ,n� � n Qon�kax_�'W
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 $150,000, provide the following information:
No. 1
Project Name/Number Q C
Project Description a(*rc3
Approximate Construction Dates: From tA 1.q' 1 q To: -) � 2 2.
Agency Name a R Can
Contact Person Telephone (a5f 2 ~
Original Contract Amount $1 Q Fn al 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.
10
No. 2
Project Name/Number
Project Description
Approximate Construction Dates: From 2Z 1 To:;\�
Agency Name n c,
Contact Person]1- r �� Q Telephone \C�)
1 13A4gi I. V o
Original Contract Amount $ I Final Contract Amount $_DeAA11� J3 Q
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.3 rn f
Project Name/Number V , '" �j3� �p C) (
Project Description
Approximate Construction Dates: From l0 �`I To: kbT`Zb
Agency Name _ CO ti1 (C��5
Contact Person i: SA L t" �C i rtla Telephone�o ) (Q�.
Original Contract Amount $ Q Final Contract Amount $ q OZ
If final amount is different from original, please explain (change orders, extra work, etc.)
RlC Ce' CA--)o cc.
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. 6
Project Name/Number 07
Project Description ��2 + �� --J c)J AJ s
Approximate Construction Dates: From `i / 7/;z2
Agency Name ,-A 4—
Contact Person-HAn'-ES L I U
To:
Telephone (j-+a) 79z - &V 977
S,So 000,on
Original Contract Amount $ Final Contract Amount $ 177�+
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.
•'u
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 state
sufficiently comprehensive to permit an appraisal of the C
conditions.
�1 �ec�n-C�e General ,�e� Ca�lr,c.
Bidder Authorized 'c
13
n
/,Othey7 information
sWent financial
No. 4
Project Name/Number ) '7 " `t
Project Description i 3 c6,,\ a iP c.A cC'tEA-T-
Approximate Construction Dates: From
Agency Name --^ `- rrk-A,-�
-7.7.,2t
To: 3
Contact Person Telephone (31-7) 2A/ - 9'4A r
1
Original Contract Amount $ Final Contract Amount $ 1, -72-4 , -3 / 2- `!6
If final amount is different from original, please explain (change orders, extra work, etc.)
-rc., G n lzfZ _ P I n
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.
N10
No. 5
Project Name/Number 7 'I 'A' oy
Project Description p,--z/'c jZ 1 < L 6 a N r-�c �tr-lam v v, N t-s J n NT-sEac
Approximate Construction Dates: From ,�///� To:
Agency Name e-^'- F72 4-Azs
Contact Person �' '`"� �� � Telephone (311
.2
Original Contract Amount $ ' final Contract Amount $Mpg ►�'
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
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO.21 RI
CONTRACT NO. 7679-2
NON -COLLUSION AFFIDAVIT
State of California )
County of�n,4�- ss,
)
�M- C-'r lct-� being first duly sworn, deposes and says that he or she is
6&k` of .e,C. Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
bid.association, organization, bid depository, or to any member or agentthere o�o effectuate a collusive or sham
I declare under penalty of perjury of the laws of the State of Califom ti% for ing is true and correct.
Bidder �— Authorized S can u /Title
Subttga@d and sworn to (or affirmed) before me on this,� I dAy of 2022
by
satisfactory evidence to be
, - proved to me on the basis of
n(s) who appeared before me.
I certify under PENALTY OF PERJURY under
paragraph is true and correct.
[SEAL]
14
of the State of California that the foregoing
Notary Public
My Commission Expires:
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
-
_'SZ�+i
'(See Attached Document (Notary to cross out lines 1-6 below)
See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary)
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any)
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 GLo%f
�•`, >y K. VON SCHONFELDT
z' Notary Public - California
Orange County
Commission r 2371285
My Comm, Expires Sep 28, 2025
Seal
Place Notary Seal Above
Subscribed and sworn to
\\ (or affirmed) before me
on this 3 day of NV VS� , 20_Z2;
by Date onth Year
0) G1T !j CkA s-e
(and
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence
to be the person(s) who appeared before me.
Signatured�. -
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages: Signer(s) Other Than Named Above:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item ti5910
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
DESIGNATION OF SURETIES
Bidder's name ?Q-4
A
Provide the names, addresses, and phone numbers for all brokers and sureties from
,1whom Bidder intends to procure insurance and bonds (list by insurance/bond type}&
GCanU 'i&(:)-,o(;
02CIA
\n
PA
S W E.
536
1OW MO r 13cou-)ni 1 (QW 14 N E. IQ Nvr. ' �e SS �
� hW 2Zk- k ca.8o(O
I - - -
Co.
2
Sdoo
15
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name (in conikx��bn� i n C
Record Last Five (5) Full Years
Current Year of Record
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2021
2020
2019
2018
2017
Totr
- -2022
No, of contracts
14
---
-
U0
.—
y
--
-
Total dollar
-1scs
Con Contracts
9 '�
�IZA 5
�(yt. Z
0y3•b
�W8 8
S
�
ts(in
Thousands of $)
MAl aA
M j1iC►n
O
t
7_10
O
No. of fatalities
O 0
C
No. of lost
_
Workday Cases
.3
Lf
No. of lost
workday cases
involving
permanent
transfer to
O
O
f�
v
another job or
termination of
employment
WN
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder'
Business Address: MLt q2�O
Business Tel. No.: q yq .2c-i p- �{ I
State Contractor's License No. and 2.
Classification: (O\cj` -Ko p. �.}3 32
Title
The above information was compiled from he records that are available to me at this time
and I declare under penalty of perjury t �,thinfo fmation is true and accurate within the
limitations of those records. i / /�
Signature of /
bidder
Date -4
Title tt c a�N
Signature of -
bidder
Date 2
Title r-�,�rA 7 MgSV
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 cor orate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ALL-PURPOSS
ACKNOWLEDOMENT CIVIL •D
i\�. i\' i\t!:\'l \tl. t.:��<�t.:\t�� :�� .\t.:\t�:\t!i\t.At .:\ .:A2 .:1t •.1t. i\2.:\t.Qt�'\t '\t\t.qt.:\t.i\t.'12.11t.s\t.:tii�:1t.:\i_:\S. i\t 1t. i\:.
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 j
County of` C )
On _ 1,'11�2--2— before me,
Date Here Insert Name and Title o e Officer
personally appeared rc cj�Ctse
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(es), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
wi+w�
K. VON SCHONFELDT
Notary Public' California
Orange County
Commission X 2373285
"� • •"`�`My Comm. Expires kp 28, 2025
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature • ��
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signer(s)
Document Date:
Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
I I Corporate Officer — Title(s):
I Partner — I I Limited L_I General
I Individual I I Attorney in Fact
Trustee I J Guardian or Conservator
i 1 Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
i I Partner — I l Limited I I General
I I Individual I I Attorney in Fact
I I Trustee I 1 Guardian or Conservator
i I Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CALIFORNIA•ACKNOWLEDGMENT CIVIL
CODE
:\t.
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 )
On before me, an
Date Here Insert Name and Title of the bAcer
personally appeared 1�C_ l.� - V o
P ame(s) of Signer(s) - - -
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
K. VON SCHONFELD7
Notary Public • California
_ Orange County
Commission ,• 2371285
My Comm. Expires Sep 28. 2025 ~
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.
Signatur
Sign re of Notary Public
Place Notary Seal Above
OPTIONAL --
Though this section Is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(lies) Claimed by Signer(s)
Signer's Name:
I 1 Corporate Officer — Title(s):
I +. Partner — I I Limited I I General
i I Individual I I Attorney in Fact
I Trustee ( I Guardian or Conservator
I I Other:
Signer Is Representing:
Signer's Name:
( I Corporate Officer — Title(s):
I I Partner -- i I Limited I) General
I Individual I 1 Attorney in Fact
Trustee I I Guardian or Conservator
I I Other:
Signer Is Representing:
020114 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 RI
CONTRACT NO.7679-2
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name J�C,fi�
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
Addendum No. Date Received _-t— Signature
18
City of Newlaort Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679-2
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation:
Business Address:
Telephone and Fax Number: 3U— ?S? p4 �-{ ( x 1 i'f 40t
California State Contractor's License No. and Class: U LO- %-7(o
(REQUIRED AT TIME OF AWARD)
Vc .
Original Date Issued: 1g"6"1 Expiration Date:
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:
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
ItL-k-47Y
g! 7
NQ%640.e a ck 42 Z
Corporation organized under the laws of the State of _CN-
19
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain.
—�A- C> _
Have you ever failed to complete a project? If so, explain.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor co liance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes No
20
Are any claims or actions unresolved or outstanding? Yes (No)
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non -responsive.
Chocs-e
PETERSON-CHASE GENERAL ENGINEERING (Print Wm_e of Owner or President
CONSTRUCTION INC. of r oration/ any)
Bidder
Aut Signature e
On
cc s; A4� r,-lt
Title
Oate
before me, , Notary Public, personally appeared
who proved to me on the basis of
satisfactory evidence be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged tome that a/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signatures) on t trument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public in and for said State
My Commission Expires:
21
laws of the State of California that the foregoing
(SEAL)
0,4 C'� 8
CALIFORNIA• ►
c:.Ct!:CtP.�<{.At^�tr:C<!:Ct!: t!nt!s�tan�< t!.�t!•Rt.cCt.:�t.:C:!:Ct!:it.:�t!:�t!:CY:iK:�t.:ct�sct t.:�t�t!�.{:�t.�t �<!s�N:�t!:Cth<tl:Ct{:fit!: t!::✓:�t.:�t�t{.ct!
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
On --1,`22 before me, U
Date Here Insert Name and Title of Officer
personally appeared
2 �l
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the Instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
iii,Y
K. VON SCHONFELDT WITNESS my hand and official seal.
Notary Public • CaliOrange County F
Commission2373185 Signature
Comm. Expires Sep 28, 2025
i — —M— — — -- Signat of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
I I Partner — I I Limited [ I General
I I Individual I I Attorney in Fact
I I Trustee I I Guardian or Conservator
I I Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
11 Partner — I- I Limited I I General
I I Individual I I Attorney in Fact
Trustee I I Guardian or Conservator
1 1 Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. 7679.2
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
CITY BRIDGE DECK MAINTENANCE
CONTRACT NO. 7679-2
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day
of August, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and PETERSON-CHASE
GENERAL ENGINEERING CONSTRUCTION, INC., a California corporation
("Contractor"), whose address is 16351 Construction Circle West, Irvine, California
92606, 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: deck
maintenance work to bridges throughout the City of Newport Beach consisting of
sealing decks with high, molecular weight methacrylate, installing deck joints, and
striping (the "Project" or "Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CONTRACT DOCUMENTS
The complete Contract for the Project includes all of the following documents:
Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion
Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A),
Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and
Standard Drawings, Plans and Special Provisions for Contract No. 7679-2, Standard
Specifications for Public Works Construction (current adopted edition and all
supplements), and this Contract, and all modifications and amendments thereto
(collectively the "Contract Documents"), all of which are incorporated herein by reference.
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, and shall provide
and furnish all the labor, materials, necessary tools, expendable equipment and all utility
and transportation services required for the Project. All of the Work to be performed and
materials to be furnished shall be in strict accordance with the provisions of the Contract
Documents. Contractor is required to perform all activities, at no extra cost to City, which
are reasonably inferable from the Contract Documents as being necessary to produce
the intended results.
3. COMPENSATION
3.1 As full compensation for the performance and completion of the Project as
required by the Contract Documents, City shall pay to Contractor and Contractor accepts
as full payment the sum of Two Hundred Seventy Thousand Eight Hundred Dollars
($270,800.00).
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 Gregory Chase to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
5. ADMINISTRATION
This Contract shall be administered by the Public Works Department. City's Public Works
Director, or designee, shall be the Project Administrator and shall have the authority to
act for City under this Contract. The Project Administrator or designee shall represent
City in all matters pertaining to the Work to be rendered pursuant to this Contract.
6. NOTICE OF CLAIMS
6.1 Unless a shorter time is specified elsewhere in this Contract, before making
its final request for payment under the Contract Documents, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
Peterson -Chase General Engineering Construction, Inc. Page 2
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
7.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Gregory Chase
Peterson -Chase General Engineering Construction, Inc.
16351 Construction Circle West
Irvine, CA 92606
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
Peterson -Chase General Engineering Construction, Inc. Page 3
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Contract. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Contract. Anything
in this Contract that may appear to give City the right to direct Contractor as to the details
of the performance or to exercise a measure of control over Contractor shall mean only
that Contractor shall follow the desires of City with respect to the results of the Work.
9. BONDING
9.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Contract both of the following: (1) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
this Contract in the form attached as Exhibit B and incorporated herein by reference; and
(2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the total amount to be paid Contractor as set forth in this Contract and in the form
attached as Exhibit A and incorporated herein by reference.
9.2 The Faithful Performance Bond and Labor and Materials Payment Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
9.3 Contractor shall deliver, concurrently with execution of this Contract, the
Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Peterson -Chase General Engineering Construction, Inc. Page 4
12. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Contract or for other periods as specified in the Contract Documents, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Contract, the services to be provided
under this Contract shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture
or syndicate or co -tenancy, which shall result in changing the control of Contractor.
Control means fifty percent (50%) or more of the voting power or twenty-five percent
(25%) or more of the assets of the corporation, partnership or joint -venture.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the Director
of Industrial Relations has ascertained the general prevailing rate of per diem wages in
the locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. All parties to the contract shall be
governed by all provisions of the California Labor Code — including, but not limited to, the
requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the
prevailing wage rates shall be posted by the Contractor at the job site.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform the Work on this Project
are identified in the Contractor's Proposal and are attached as part of the Contract
Documents. Contractor shall be fully responsible to City for all acts and omissions of any
subcontractors. Nothing in this Contract shall create any contractual relationship between
City and subcontractor, nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractor other than as otherwise
required by law. City is an intended beneficiary of any Work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the Work to be performed under this
Contract shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
Peterson -Chase General Engineering Construction, Inc. Page 5
16. RESPONSIBILITY FOR DAMAGES OR INJURY
16.1 City and its elected or appointed officers, agents, officials, employees and
volunteers shall not be responsible in any manner for any loss or damage to any of the
materials or other things used or employed in performing the Project or for injury to or
death of any person as a result of Contractor's performance of the Work required
hereunder, or for damage to property from any cause arising from the performance of the
Project by Contractor, or its subcontractors, or its workers, or anyone employed by either
of them.
16.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its elected or appointed officers, agents, officials, employees and
volunteers (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Contract, any Work performed
or Services provided under this Contract including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent, reckless, and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them).
16.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Contract. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by Contractor.
16.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Project Work.
16.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Contract as shall be considered necessary by City may be
Peterson -Chase General Engineering Construction, Inc. Page 6
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
16.7 Nothing in this Section or any other portion of the Contract Documents shall
be construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for above.
16.8 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
17. CHANGE ORDERS
17.1 This Contract may be amended or modified only by mutual written
agreement of the parties.
17.2 The Contractor shall only commence work covered by a change order after
the change order is executed and notification to proceed has been provided by the City.
17.3 There shall be no change in the Contractor's members of the project team,
as listed in the approved proposal, which is a part of this contract without prior written
approval by the City.
18. CONFLICTS OF INTEREST
18.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Contract, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Contract by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
19. TERMINATION
19.1 In the event that either party fails or refuses to perform any of the provisions
of this Contract at the time and in the manner required, that party shall be deemed in
default in the performance of this Contract. If such default is not cured within a period of
two (2) calendar days, or if more than two (2) calendar days are reasonably required to
cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
non -defaulting party may terminate the Contract forthwith by giving to the defaulting party
written notice thereof.
Peterson -Chase General Engineering Construction, Inc. Page 7
19.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Contract at any time by giving seven (7)
calendar days' prior written notice to Contractor. In the event of termination under this
Section, City shall pay Contractor for Services satisfactorily performed and costs incurred
up to the effective date of termination for which Contractor has not been previously paid.
On the effective date of termination, Contractor shall deliver to City all materials
purchased in performance of this Contract.
20. STANDARD PROVISIONS
20.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Contract.
20.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator.
20.3 Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
20.4 Conflicts or Inconsistencies.
inconsistencies between this Contract and
terms of this Contract shall govern.
In the event there are any conflicts or
any other attachments attached hereto, the
20.5 Interpretation. The terms of this Contract shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Contract or any other rule of construction which
might otherwise apply.
20.6 Amendments. This Contract may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
20.7 Severability. If any term or portion of this Contract is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Contract shall continue in full force and effect.
20.8 Controlling Law and Venue. The laws of the State of California shall govern
this Contract and all matters relating to it and any action brought relating to this Contract
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
Peterson -Chase General Engineering Construction, Inc. Page 8
20.9 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
20.10 No Attorney's Fees. In the event of any dispute or legal action arising under
this contract, the prevailing party shall not be entitled to attorneys' fees.
20.11 Counterparts. This Contract may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Contract and all other Contract Documents by Contractor is a
representation that Contractor has visited the Project site, has become familiar with the
local conditions under which the Work is to be performed, and has correlated all relevant
observations with the requirements of the Contract Documents.
22. WAIVER
A waiver by City or any term, covenant, or condition in the Contract Documents
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Peterson -Chase General Engineering Construction, 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 ATTORN Y'p OFFICE
Date:
AOn C. HXV
City Attorney
ATTEST: ��,,nn
Date: q, .2w. A&.2 .
►..�..1L�.. �1. ���.
Brown
City Clerk
CITY OF NEWPORT BEACH,
a California icipal rporai
Date: 7
Kevin
Maud
CONTRACTOR: Peterson -Chase
General Engineering Construction, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Gregory James Chase
Chief Executive Officer
Date:
By:
Signed in Counterpart
Dick Williams Vogels
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Peterson -Chase General Engineering Construction, 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'OFFICE
Date: 8' 2 f Z2
By:
fzr' r C. Ra PX
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By. --
Kevin Muldoon
Mayor
CONTRACTOR: Peterson -Chase
General Engineering Construction, Inc., a
California corporation /j
Date: g I 1 2"L D j //
By:
Gregory Jane Case
Chief Execui e Ufficer
Date: Q b 2__
By:
Retary
ms Vogels
[END OFSIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C — Insurance Requirements
Peterson -Chase General Engineering Construction, Inc. Page 10
Executed in Two Counterparts EXHIBIT A
CITY OF NEWPORT BEACH
BOND NU. 4502228
Premium: Included in Performance Bond
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the
"Principal," a contract for deck maintenance work to bridges throughout the City of
Newport Beach consisting of sealing decks with high molecular weight methacrylate,
installing deck joints, and striping 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,
Great American Insurance Company duly authorized to
transact business under the laws of the State of Califomia, as Surety, (referred to herein
as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two
Hundred Seventy Thousand Eight Hundred Dollars ($270,800.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable
by the City of Newport Beach under the terms of the Contract; for which payment well
and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Peterson -Chase General Engineering Construction, Inc. Page A-1
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the 1 st day of September , 20 22 .
Peterson -Chase General
Engineering Construction, Inc.
Name of Contractor (Principal)
Great American Insurance Company
Name of Surety
750 The City Dr. S., #470
Orange, CA 92868
Address of Surety
(714) 740-2400
Telephone
APPROVED AS TO FORM:
CITY ATTORN Y' OFFICE
Date: 1/tll?—
".�IVA
Charles L. Flake / Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Peterson -Chase General Engineering Construction, Inc. Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of } ss.
On , 20 before me, _
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be
subscribed to the within instrument and acknowledged to me
in his/her/their authorized capacity(ies), and that by his/her/t
the person(s), or the entity upon behalf of which the person{;
I certify under PENALTY OF PERJURY under the laws
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer mpleting this
certificate verifies only the identity o he individual who
signed the document to whicV this certificate is
attached, and not the truthfulne , accuracy, or validity
of that document.
State of California
County of
On
SS.
p'on(s) whose name(s) is/are
'shetthey executed the same
natures(s) on the instrument
, executed the instrument.
of California that the foregoing
(seal)
before me, ,
Notary Public, perso Ily appeared
proved to me on t basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the ' hin instrument and acknowledged tome that he/she/they executed the same
in his/her/their thorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), r the entity upon behalf of which the person(s) acted, executed the instrument.
941
I certify uno6r PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragrapV is true and correct.
my hand and official seal.
Signature
(seal)
Peterson -Chase General Engineering Construction, Inc. Page A-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 9/7/22
before me, K. von Schonfeldt, Notary Public
(insert name and title of the officer)
personally appeared Dick W. Vogels
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. 5�.� .N K. VON SCHONFELDT
W� `r Notary Public - Califomia
orange County
Commission 8 237328:20j25
`'��•oa"'� My Comm. Expires Sep 28,
Signature (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 9/1/2022
Date
before me, Heather Willis
personally appeared Charles L. Flake
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
HEATHER WILLIS WITNESS my hand and official seal.
COMM. #2334057 cn
ONOTARY PUBLIC CALIFORNIA
ORANGE COUNTY Signature
Y COMM. EXPIRES SEPTEMBER 25 2024
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
f-1 Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.0 20942
POWER OF ATTORNEY
KNOW ALL MEN BYTHESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON HEATHER WILLIS ALL OF ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM, $100,000,000.00
SPENCER FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of SEPTEMBER 2020
Attest GREAT AMERICAN INSUfANCE COMPA
Assistant Secretary Divisional Senior Vice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK ViCARio (877-377-2405)
On this 8TH day of SEPTEMBER 2020 , before me personally appeared MARK VICARIO, to me known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOHORST
a Notary Public
State of Ohio
WOre
My Comm. Expires
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant rice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof' to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract ofsuretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 1 st day of September 2022
Assistant Secretary
S1029AH (03/20)
Executed in Two Counterparts
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO.4502228
Premium: $1,950
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,950.00 , being at the
rate of $ 7.20 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of Califomia, has awarded to
Peterson -Chase General Engineering Construction, Inc. hereinafter designated as the
"Principal," a contract for deck maintenance work to bridges throughout the City of
Newport Beach consisting of sealing decks with high molecular weight methacrylate,
installing deck joints, and striping 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
Great American 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 Two
Hundred Seventy Thousand Eight Hundred Dollars ($270,800.00) lawful money of the
United States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to indemnify,
defend, and save harmless the City of Newport Beach, its officers, employees and agents,
as therein stipulated, then, Surety will faithfully perform the same, in an amount not
exceeding the sum specified in this Bond; otherwise this obligation shall become null and
void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Peterson -Chase General Engineering Construction, Inc. Page B-1
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 1 st day of September ,2022
Peterson -Chase General
Engineering Construction, Inc.
Name of Contractor (Principal)
Great American Insurance Company
Name of Surety
750 The City Dr. S., #470
Orange, CA 92868
Address of Surety
(714) 740-2400
Telephone
APPROVED AS TO FORM:
CITY ATTORtFJEY(1 OFFICE
Date:_
By:
nff . v 91114
Sig
Agent Signature
Charles L. Flake / Attorney -in -Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Peterson -Chase General Engineering Construction, 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 Califomia
County of _ 1 ss.
On , 20 before me, _
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be
subscribed to the within instrument and acknowledged to me
in his/her/their authorized capacity(ies), and that by his/herO
the person(s), or the entity upon behalf of which the persaAk,
I certify under PENALTY OF PERJURY under
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
A notary public or other
certificate verifies only the idi
signed the document to
attached, and not the truthf4i
of that document.
State of Califomia
County of
On
Notary Public, perso
proved to me on t
subscribed to the wit
in his/her/their auth
the person(s), or t e
t person(s) whose name(s) is/are
at he/she/they executed the same
ieir signatures(s) on the instrument
) acted, executed the instrument.
Iaws,df the State of Califomia that the foregoing
(seal)
Fcompleting this
he individual who
is certificate is
accuracy, or validity
SS.
20 before me,
na appeared
he asis of satisfactory evidence to be the person(s) whose name(s) is/are
n instrument and acknowledged to me that he/she/they executed the same
razed capacity(ies), and that by his/her/their signatures(s) on the instrument
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PYNALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is tr a and correct.
WITNESS rrh hand and official seal.
Signature
(seal)
Peterson -Chase General Engineering Construction, Inc. Page B-3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 9/7/22
before me, K. von Schonfeldt, Notary Public
(insert name and title of the officer)
personally appeared Dick W. Vogels
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
.,�`�..`, ry K. VON SCHONFELDT
WITNESS my hand and official seal. �: ""- `s Notary Public • California
Orange County
Commission k 2373285
,.�.'. My Comm. Expires Sep 28, 2025
Signatur (Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
�:t�,��,�-c:�,r�,rrc�,�-,nrnrr,�=c�,�.r.� r�r�-c.�r„�,�;c.,�c�,�;r,�;c,�r,�•�.rrr:cx;rr�c�ss,�������,���s�.�r�scrxr,�:e��c,�--c�,�r,�:t>�-cr;c.�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
On 9/1/2022
Date
before me, Heather Willis
personally appeared Charles L. Flake
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
HEATHER WILLIS
COMM. #2334017
NOTARY PUBLIC - CALIPORNIA
tp ORANGE COUNTY
MY COMM EMPIRES SEPTEMBER 25, 2024
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 LG `ti&
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
GREAT AMERICAN INSURANCE COMPANY(R)
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FIVE
No.0 20942
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON HEATHER WILLIS ALL OF ALL
CHARLES L. FLAKE LEXIE SHERWOOD ANAHEIM,
$100,000,000.00
SPENCER FLAKE CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorneys) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 8TH day of SEPTEMBER 2020
Attest GREAT AMERICAN INSLJtANCE , w COMPA
l ��tUV
e lil
3 wR
Assistant Secretary Divisional Senior Tice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK VtCARIo (877-377-2405)
On this 8TH day of SEPTEMBER 2020 before me personally appeared MARK VICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOHORST
Notary Public
State of Ohio
Y°+ My Comm, Expires
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof' to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect.
Signed and sealed this 1st day of September , 2022
0:5-A114
J
Assistant Secretary
S1029AH (03/20)
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
Peterson -Chase General Engineering Construction, Inc. Page C-1
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Contract shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its elected or appointed officers, agents, officials, employees and
volunteers shall be included as additional insureds under such policies.
C. Primary and Non Contributory. Contractor's insurance coverage shall be
primary insurance and/or the primary source of recovery with respect to
City, its elected or appointed officers, agents, officials, employees and
volunteers. Any insurance or self-insurance maintained by City shall be
excess of Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days' notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following. -
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
documents referenced in this Contract must be returned to City within ten
Peterson -Chase General Engineering Construction, 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
Peterson -Chase General Engineering Construction, 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.
Peterson -Chase General Engineering Construction, 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.
Peterson -Chase General Engineering Construction, Inc. Page C-5
City of Newport Beach
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO.7679-2
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
Councilmembers:
The undersigned declares that the Contractor has carefully examined the location of the
work, has read the Instructions to the Bidders, has examined the Plans and Special
Provisions, and hereby proposes to furnish all materials except that material supplied by the
City and shall perform all work required to complete Contract No. 7679-2 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:
1�%1 � i22
Date -
Qua. Z Z(p
Bidder's Telephone and x Numbers
Cal C 3
Bidder's License No(s).
and Classifications)
\ W-') 6 b 0 C-IL IL b%
DIk Registration Number
Bidder's email address: vQG -.
PR-1
Bidder's Autho
nature and Title
�(kc
der's Address
Cxo
Vendor Name Peterson Chase General Engineering Construction, Inc
Address
16351 Construction Circle West
Irvine, California 92bO6
United States
Respondee
Katherina von schonfeldt
Respondee Title
office manager
Phone
949-242-2238
Email
katherina(ay)etersonchase.com
Vendor Type
CADIR
License #
615876
CADIR
"1000004108
Bid Format
FlectU"onic
Submitted
08/03/2022 9.59 AM (PDT)
Delivery Method
Bid Responsive
Bid Status
SUbl7litted
Confirmation #
299957
File Title File Name
File Type
bid submittals-7679-2 petersonchase pdf bidsubmittal c-7679-2.petersonchase.pdf General Attachment
7679-2.bidbond.pdf 7679-2bidbond pdf Bid Bond
Showing 1 Subcontractor
Name & Address Desc
PCI Stiping
1105 L. Hill Street
Long Beach, California 90806
License Nunn CADIR Amount Type
823802 1000813536 $0 00
Discount Terms No Discount
Item #
Item Code Type Item Description
UOM OTY
Unit Price
Line Total
Response Comment
Section 1
$270,800.00
1
Mobilization/Demobilization
LS 1
$20,000.00
$20,000.00
Yes
2
Traffic Control
LS 1
$50,000.00
$50,000.00
Yes
3
Seal Decks with High Molecular Weight Methacrylate
SF 110000
$1.25
$137,500.00
Yes
4
Signing and Stripin9
LS 1
$30,000.00
$30,000.00
Yes
5
Balboa Island Bridge Joint Repair
LF 200
$164.00
$32,800.00
Yes
6
Provide As -Built Plans
LS 1
$500.00
$500.00
Yes
Section Title
Section 1
Grand Total
Line Total
$270,800.00
8270,800.00
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. C-7679-2
PART 1 - GENERAL PROVISIONS
1
SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1
1-2 TERMS AND DEFINITIONS 1
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
2-3 SUBCONTRACTS
2-3.2 Self Performance
2-5 PLANS AND SPECIFICATIONS
2-5.2 Precedence of Contract Documents
2-6 WORK TO BE DONE
2-9 SURVEYING
2-9.1 Permanent Survey Markers
SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.3 Markup
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
5-2 PROTECTION
5-4 RELOCATION
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
4
4
4
4
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5
6-1.1 Construction Schedule 5
6-7 TIME OF COMPLETION 6
6-7.1 General 6
6-7.2 Working Days 6
6-7.4 Working Hours 6
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7
6-9 LIQUIDATED DAMAGES 8
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
8
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
8
7-1.2 Temporary Utility Services
8
7-2 LABOR
8
7-2.2 Prevailing Wages
8
7-7 COOPERATION AND COLLATERAL WORK
8
7-8 WORK SITE MAINTENANCE
g
7-8.4 Storage of Equipment and Materials
9
7-8.4.2 Storage in Public Streets
9
7-8.6 Water Pollution Control
g
7-8.6.2 Best Management Practices (BMPs)
9
7-10 SAFETY
10
7-10.1 Traffic and Access
10
7-10.4 Safety
11
7-10.4.1 Work Site Safety
11
7-10.6 Notices
11
SECTION 9 - MEASUREMENT AND PAYMENT
11
9-2 LUMP SUM WORK
12
9-3 PAYMENT
12
9-3.1 General
12
9-3.2 Partial and Final Payment
13
PART 2 - CONSTRUCTION MATERIALS 13
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
13
201-1 PORTLAND CEMENT CONCRETE
13
201-1.1 Requirements
13
201-1.1.2 Concrete Specified by Class and Alternate Class
13
201-2 REINFORCEMENT FOR CONCRETE
13
201-2.2 Steel Reinforcement
13
201-2.2.1 Reinforcing Steel
13
201-8 RAPID STRENGTH CONCRETE
14
201-8.1 Rapid Strength Concrete
14
SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 14
214-4 PAINT FOR STRIPING AND MARKINGS
14
214-4.1 General
14
214-6 PAVEMENT MARKERS
14
214-6.3 Non -Reflective Pavement Markers
14
214-6.3.1 General
14
214-6.4 Retroreflective Pavement Markers
14
214-6.4.1 General
14
SECTION 218 --- SPECIAL REPAIR MATERIALS
14
218-1 HIGH MOLECULAR WEIGHT METHACRYLATE
15
PART 3 - CONSTRUCTION METHODS
15
SECTION 300 - EARTHWORK
15
300-1 CLEARING AND GRUBBING
15
300-1.3 Removal and Disposal of Materials
15
300-1.3.1 General
15
300-1.3.2 Requirements
15
300-1.3.5 Solid Waste Diversion 15
SECTION 302 - ROADWAY SURFACING
16
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
16
302-6.7 Traffic and Use Provisions
16
302-14 BRIDGE METHACRYLATE RESIN TREATMENT
16
302-14.1 General.
16
302-14.2 Clean Bridge Deck.
16
302-14.3 Bridge Deck Methacrylate Resin Treatment.
16
302-14.4 Construction.
17
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
18
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND
DRIVEWAYS
18
303-5.1 Requirements
18
303-5.1.1 General
18
APPENDIX A
19
CALTRANS 2018 SECTION 41-3 CRACK TREATMENT 19
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CITY BRIDGE DECK MAINTENANCE
PROJECT NO. 21 R13
CONTRACT NO. C-7679-2
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-7026-S); (3) the City's Design
Criteria, Standard Special Provisions and Standard Drawings for Public Works
Construction, (2021 Edition), including Supplements; (4) Standard Specifications for
Public Works Construction (2015 Edition) including supplements; Caltrans Standard
Specifications (2018 Edition). The City's Design Criteria, Standard Special Provisions and
Standard Drawings for Public Works Construction are available at the following website:
http://www.newportbeachca.gov/government/departments/public-works/resources
Copies of the Standard Specifications for Public Works Construction may be purchased
online at www.bnibooks,com/products/standard-specifications-public-works-construction
or call 888-BNI BOOK (888-264-2665).
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated hereinafter:
PART 1 - GENERAL PROVISIONS
SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND
SYMBOLS
1-2 TERMS AND DEFINITIONS
Add the following definition:
City — City of Newport Beach
SECTION 2 - SCOPE AND CONTROL OF THE WORK
2-1 AWARD AND EXECUTION OF THE CONTRACT
Page 1 of 19
At the time of the award and until completion of work, the Contractor shall possess an "A"
license. At the start of work and until completion of work, the Contractor and all
Subcontractors shall possess a valid Business License issued by the City.
2-3 SUBCONTRACTS
2-3.2 Self Performance
Bid Item No. 3 is considered specialty and will not contribute to self performance.
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 deck maintenance work
to bridges throughout the City of Newport Beach consisting of sealing decks with high
molecular weight methacrylate, installing deck joints, and striping.
2-9 SURVEYING
2-9.1 Permanent Survey Markers
The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of
work, a list of controlling survey monuments which may be disturbed. The Contractor
shall:
a) set survey points outside the affected work area that reference and locate each
controlling survey monument that may be disturbed,
b) file a Corner Record or Record of Survey with the County Surveyor after setting
the survey points to be used for re-establishment of the disturbed controlling
survey monuments, and
c) file a Corner Record or Record of Survey with the County Surveyor after
reestablishment of the disturbed (permanent) controlling survey monuments.
The Contractor shall protect all survey monuments during construction operations. In the
event that existing survey monuments are removed or otherwise disturbed during the
course of work, the Contractor shall restore the affected survey monuments at his sole
expense. The Contractor's Licensed Surveyor shall file the required Corner Record or
Record of Survey with the County Surveyor upon monument restoration.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor shall be responsible for the cost of restoring all survey ties and/or monuments
damaged by the Work.
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SECTION 3 - CHANGES IN WORK
3-3 EXTRA WORK
3-3.2 Payment
3-3.2.2 Basis for Establishing Cost
3-3.2.2.3 Tool and Equipment Rental
Tool and equipment rental rates shall be based on the current Caltrans rental rates.
3-3.2.3 Markup
3-3.2.3.1 Work by the Contractor
The following percentages shall be added to the Contractor's costs and shall constitute
the markup for all overhead and profit:
1) Labor ............................................ 15
2) Materials ....................................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided in this subsection, one (1) percent may be
added as compensation for bonding.
3-3.2.3.2 Work by a Subcontractor
When all or any part of the extra work is performed by a Subcontractor, the markup
established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs
and shall constitute the markup for all overhead and profit. An additional markup of five
(5) percent of the total subcontracted cost may be added by the Contractor.
SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.3 Inspection Requirements
4-1.3.1 General
All material and articles furnished by the Contractor shall be subject to rigid inspection,
and no material or article shall be used until it has been inspected and accepted by the
Engineer. The Contractor shall furnish the Engineer with full information as to the
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progress of the work in its various parts and shall give the Engineer timely (48-hours
minimum) notice of the Contractor's readiness for inspection. Submittals are required for
all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner in
which the Contractor executed the work, such tests and inspections shall be paid for by
the Contractor.
SECTION 5 - UTILITIES
5-1 LOCATION
5-1.1 General
The Contractor is responsible for, and shall at his or her expense, pothole all existing
utilities which may be affected by the work to verify points of connection and potential
conflicts. No segment of work shall begin until the contractor has potholed and verified
points of connection and related connection material requirements, and coordinated the
final/existing layout of the laterals/pipeline with the Engineer, including adjustments due
to field conflicts with other utilities or structures above or below ground.
Within seven (7) calendar days after completion of the work or phase of work, the
Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed.
Any surface damaged by the removal effort shall be repaired to its pre -construction
condition or better at the contractor's expense.
5-2 PROTECTION
In the event that an existing pull box, meter box or any other utility box is damaged by the
Work and is not re -useable, the Contractor shall provide and install a new replacement
pull box, meter box or any other utility box of identical type and size at no additional cost
to the City.
5-4 RELOCATION
All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes
and survey monument boxes (collectively known as "utility boxes") which are affected by
the Work shall be replaced to finish grade with new utility boxes. During asphalt paving
operation, manholes within paving area shall be temporarily lowered and covered. Upon
completion of paving operation, manholes shall be permanently adjusted to finish grade.
The Contractor will be required to contact Southern California Edison, The Gas Company,
cable television companies, telecommunication companies and any other utility
companies to have their existing utilities adjusted to finish grade. The Contractor shall
coordinate with each utility company for the adjustment of their facilities in advance of
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work to avoid potential delays to the project schedule. The Contractor shall provide the
necessary survey control for all utility companies to adjust boxes and vaults to the final
grade. The Contractor will be required to coordinate with these companies for inspection
of the work.
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
6-1.1 Construction Schedule
No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting
has been conducted, and a schedule of work has been approved by the Engineer. The
Contractor shall submit a baseline schedule to the Engineer for approval a minimum of
five working days prior to the pre -construction meeting.
The Engineer will review the baseline schedule and may require the Contractor to modify
the schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved baseline schedule, the Contractor shall be prohibited from starting additional
work until Contractor has exerted extra effort to meet the baseline schedule and has
demonstrated the ability to maintain the schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from the overall time of completion requirement, nor
shall it be construed as the basis for payment of extra work because additional personnel
and equipment were required on the job.
Contractor shall update the schedule periodically or as directed by the Engineer to reflect
any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead
schedules on a bi-weekly basis with detailed daily activities.
PLEASE NOTE THE FOLLOWING SCHEDULE AND TRAFFIC CONDITIONS AT EACH
LOCATION:
1. Balboa Island Bridge: The construction for these locations may only take place
after Labor Day but not between December 13, 2022 to December 18, 2022.
2. 38t" Street Bridge: The construction for 38t" Street Bridge shall commence after
Labor Day. One traffic lane and one sidewalk shall remain open at all times during
construction. Contractor shall provide two flagman to assist traffic control at this
location.
3. Bison Avenue Bridge: The Contractor shall be responsible for processing and
obtaining approval of a traffic control plans from the City's Traffic Engineer and
Caltrans. The traffic control plan shall include all necessary traffic control permit
from Caltrans. NO WORK is allowed during peak traffic hours between 7:00 a.m.
to 9:00 a.m. and 4:00 p.m. to 6:30 a.m. One sidewalk shall remain open during
construction at all times.
4. Bonita Canyon Bridge: One lane in each direction shall remain open during
construction at all times. One sidewalk shall remain open during construction at all
times. Contractor shall provide Changeable Message Sign (CMS) to direct traffic
to Bison Avenue or alternate detour route as indicated on the traffic control plan.
Page 5 of 19
5. Jamboree Road Bridge: Two lanes in each direction shall remain open during
construction at all times. One sidewalk shall remain open during construction at all
times. Lane closure is allowed during the hours of 10:00 am to 3:00 pm or nighttime.
All closures need to be coordinated with the Engineer. Contractor shall provide
Changeable Message Sign (CMS) to direct traffic to MacArthur Boulevard or
alternate detour route as indicated on the traffic control plan.
6-7 TIME OF COMPLETION
6-7.1 General
The Contractor shall complete all work under the Contract within Thirty (30) working
days after the date on the Notice to Proceed. The Contractor shall ensure the
availability and delivery of all material prior to the start of work. Unavailability of material
will not be sufficient reason to grant the Contractor an extension of time.
Work shall be scheduled to minimize number of bridges under construction at one time.
Working at multiple locations simultaneously shall be subject to the Engineer's approval.
6-7.2 Working Days
The following days are designated City holidays and are non -working days:
1. January 1st (New Year's Day)
2. Third Monday in January (Martin Luther King Day)
3. Third Monday in February (President's Day)
4. Last Monday in May (Memorial Day)
5. July 4th (Independence Day)
6. First Monday in September (Labor Day)
7. November 11 th (Veterans Day)
8. Fourth Thursday and Friday in November (Thanksgiving and Friday after)
9. December 24th, (Christmas Eve)
10. December 25th (Christmas)
11. December 26th thru 30th (City Office Closure)
12. December 31 st (New Year's Eve)
If the holiday falls on a Sunday, the following Monday will be considered the holiday. If
the holiday falls on a Saturday, the Friday before will be considered the holiday.
6-7.4 Working Hours
Normal working hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., outside of the working hours.
Page 6 of 19
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 5:00 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working
outside the normal working hours must be made at least 72 hours in advance of the
desired time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall pay
for supplemental inspection costs of $207 per hour when such time periods are approved.
For those locations where night work is allowed in order to minimize disruption to the
community, the following requirements shall apply:
A. Night work hours shall be considered to be from 8 p.m. to 5 a.m., Sunday
night through Friday morning. No work is allowed Friday or Saturday nights.
B. The Engineer must approve all requests for night work.
C. The Contractor shall notify the Engineer two weeks prior to the start of any
requested night work.
If the work progresses to the satisfaction of the Engineer, supplemental inspection costs
may be waived to accommodate a Contractor request to work weekends to take
advantage of low tides.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY
Prior to acceptance of work, the Contractor shall submit a full size set of plans to the
Engineer. Retention payment and bonds will not be released until the as -built plans are
reviewed and approved by the Engineer. A set of approved plans and specifications shall
be on the job site at all times. The Contractor shall maintain as -built drawings of all work
as the job progresses. A separate set of drawings shall be maintained for this purpose.
These drawings shall be up-to-date and reviewed by the Engineer at the time each
progress payment is submitted. Any changes to the approved plans that have been made
with approval from the Engineer shall be documented on the as -built plans.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project. During
this time, the material shall be made available to the Engineer. Suitable facilities are to
be provided for access, inspection, and copying of this material.
Page 7 of 19
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-7.1 for completion
of the work, the Contractor shall pay to the City or have withheld from moneys due it, the
daily sum of $1,500.
Execution of the Contract shall constitute agreement by the City and Contractor that the
above liquidated damages per calendar day is the minimum value of the costs and actual
damage caused by the failure of the Contractor to complete the Work within the allotted
time.
The intent of this section is to emphasize to the Contractor the importance of prosecuting
the work in an orderly preplanned continuous sequence so as to minimize inconvenience
to residences, businesses, vehicular and pedestrian traffic, and the public as a result of
construction operations.
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES
7-1.2 Temporary Utility Services
If the Contractor elects to use City water, Contractor shall arrange for a meter and tender
a $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit
will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for
water usage and any repair charges for damage to the meter.
Water used during construction shall be paid for by the Contractor. This includes water
for flushing and pressure testing water lines, compaction, dust control, irrigation during
maintenance period for landscaping, etc.
City shall designate to the Contractor the location of the fire hydrant or other connection
acceptable for drawing of construction and temporary water. City reserves the right to
limit the location, times and rates of drawing such water.
7-2 LABOR
7-2.2 Prevailing Wages
In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -
mixed concrete for public works contracts are subject to prevailing wages.
7-7 COOPERATION AND COLLATERAL WORK
City forces will perform all shut downs of water, sewer and storm drain facilities as
required. The Contractor shall provide the City advanced notice a minimum of seven
calendar days prior to the time contractor desires the shutdown these City facilities.
Page 8 of 19
A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00
p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will
be allowed. The Contractor will be responsible for completing all water connections within
the time period allowed. The times and dates of any utility to be shut down must be
coordinated with the Engineer. It is the Contractor's responsibility to notify the affected
businesses and residents of the upcoming water shutdown with a form provided by the
Engineer at least 48 hours in advance of the water shut down.
7-8 WORK SITE MAINTENANCE
7-8.4 Storage of Equipment and Materials
7-8.4.2 Storage in Public Streets
Construction materials and equipment may only be stored in streets, roads, or sidewalk
areas if approved by the Engineer in advance. It is the Contractor's responsibility to
obtain an area for the storage of equipment and materials. The Contractor shall
obtain the Engineer's approval of a site for storage of equipment and materials prior to
arranging for or delivering equipment and materials to the site. Prior to move -in, the
Contractor shall take photos of the laydown area. The Contractor shall restore the
laydown area to its pre -construction condition. The Engineer may require new base and
pavement if the pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
Surface runoff water, including all water used during saw -cutting operations, containing
mud, silt or other deleterious material due to the construction of this project shall be
treated by filtration or retention in settling basin(s) sufficient to prevent such material from
migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor
shall also comply with the Construction Runoff Guidance Manual which is available for
review at the Public Works Department or can be found on the City's website at
www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link
Construction Runoff Guidance Manual.
7-8.6.2 Best Management Practices (BMPs)
The Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw -cutting and vacuum the residue.
f. Providing measures to capture or vacuum -up water contaminated with construction
debris.
Page 9 of 19
g. Removing any construction related debris on a daily basis.
h. Protecting work areas from erosion.
The BMP will be approved by the Engineer prior to any work. The City will monitor the
adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP
will result in immediate cleanup by City and back -charging the Contractor for all costs
plus 15 percent. The Contractor may also receive a separate administrative citation per
Section 14.36.030 of the City's Municipal Code.
7-10 SAFETY
7-10.1 Traffic and Access
The Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan and detour plans(s) for each street and parking
lot. The Contractor shall be responsible for processing and obtaining approval of a traffic
control plans from the City's Traffic Engineer and Caltrans. The traffic control plan shall
include all necessary traffic control permit from Caltrans. The Contractor shall adhere to
the conditions of the traffic control plan. Traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be
signed and sealed by a California licensed traffic engineer. Traffic control and
detours shall incorporate the following items:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum
of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and/or lighted.
4. At a minimum, the Contractor shall maintain one lane of traffic in each direction
when completing their work.
5. Sidewalk closures in non-residential areas, or as determined by the City, shall
be set with barricades and SIDEWALK CLOSED signs on barricades at the
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
6. Sidewalk closures in residential areas, or as determined by the City, shall be
set with barricades and SIDEWALK CLOSED signs on barricades at the
closure
Page 10 of 19
7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE
CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs
mounted on barricades in order on the approach and at the closure."
The Contractor shall cooperate with the Engineer to provide advance notice to those
whose access will be impacted by construction operations. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other measures
deemed necessary by the Engineer to safely direct the public around areas of
construction, and into (and out of) the affected establishments. Such measures shall be
shown on the Detailed Traffic Control Plans (see Section 7-10.3)."
7-10.4 Safety
7-10.4.1 Work Site Safety
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property during performance of the work. The
Contractor shall fully comply with all state, federal and other laws, rules, regulations, and
orders relating to the safety of the public and workers.
The right of the Engineer or the City's representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of the
adequacy of the Contractor's safety measures in, on, or near the construction site.
7-10.6 Notices
Ten working days prior to starting work, the Contractor shall deliver a City -prepared
construction notice to residents within 500 feet of the project, describing the project and
indicating the limits of construction. Forty-eight hours prior to the start of construction,
the Contractor shall distribute to the residents a second written notice prepared by the
City clearly indicating specific dates in the space provided on the notice when
construction operations will start for each area. An interruption of work at any location in
excess of 14 calendar days shall require re -notification. The Contractor shall insert the
applicable dates and times at the time the notices are distributed.
Bridges receiving deck treatment require additional notifications per Caltrans Standard
Specifications.
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.
SECTION 9 - MEASUREMENT AND PAYMENT
Pagel 1 of 19
9-2 LUMP SUM WORK
Contractor shall submit a detailed schedule of value for all lump sum bid items to the
Engineer within 15 days after award of contract.
9-3 PAYMENT
9-3.1 General
The unit and lump sum bid prices for each item of work shown on the proposal shall
include full compensation for furnishing the labor, materials, tools, and equipment and
doing all the work, including restoring all existing improvements, to complete the item of
work in place and no other compensation will be allowed thereafter. Payment for
incidental items of work not separately listed shall be included in the prices shown for the
other related items of work. The following items of work pertain to the bid items included
within the Proposal:
Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all
labor, tools, equipment and material costs for providing bonds, insurance and financing,
preparing and implementing the BMP Plan, preparing and updating construction
schedules as requested by the Engineer, attending construction progress meetings as
needed, and all other related work as required by the Contract Documents. This bid item
shall also include work to demobilize from the project site including but not limited to site
cleanup, removal of USA markings and providing any required documentation as noted
in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include, but not be limited to,
all labor, tools, equipment and material costs for delivering all required notifications and
temporary parking permits, posting signs, covering conflicting existing signs, and all costs
incurred notifying businesses and residents, preparing signed and stamped traffic control
plans, providing the traffic control required by the project including, but not limited to,
signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag
persons. This item also includes furnishing all labor, tools, equipment and materials
necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements.
Item No. 3 Seal Decks with High Molecular Weight Methacrylate: Work under
this item shall include cleaning the bridge surface, preparing the surface, applying the
sealant to the deck, and all other items of work necessary to complete the work in place.
Item No. 4 Signing, Striping and Pavement Markings: Work under this item shall
include, but not be limited to, all labor, tools, equipment and material costs for removing
existing pavement striping and markers, removing or relocating street signs and posts,
installing temporary and permanent pavement striping, markings and markers, installing
street signs and posts, restoring all existing improvements damaged by the work, and all
other work items as required to complete the work in place.
Item No. 5 Balboa Island Bridge Joint Repair: Work under this item shall include,
but not be limited to, all labor, tools, equipment and material costs for repairing bridge
Page 12 of 19
joints and installing Caltrans "Type A" joint seal, and all other work items as required to
complete the work in place
Item No. 6 Provide As -Built Plans: Work under this item shall include, but not be
limited to, all labor, tools, equipment and material costs for all actions necessary to
provide as -built drawings. These drawings must be kept up to date and submitted to the
Engineer for review prior to request for payment. An amount of $500 is determined for
this bid item. The intent of this pre-set amount is to emphasize to the Contractor the
importance of as -build drawings.
9-3.2 Partial and Final Payment
From each progress payment, five (5) percent will be retained by the City, and the
remainder less the amount of all previous payments will be paid.
Partial payments for mobilization and traffic control shall be made in accordance with
Section 10264 of the California Public Contract Code.
PART 2 - CONSTRUCTION MATERIALS
SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class and Alternate Class
Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the
plans.
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2-inch minimum
cover unless shown otherwise on the plans. Where the steel may be in contact with
seawater the reinforcing steel shall be epoxy coated, Grade 60 steel conforming to ASTM
A 615, A775, and D3963 with 2-inch minimum cover unless shown otherwise on the plans.
201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.4 Type "A" Sealant (Two -Part Polyurethane Sealant)
Delete and replace with: "The sealant shall be furnished and placed in accordance with
the Specifications for "Type A and AL Joint Seals" (Caltrans Specification 51-2.02B)"
Page 13 of 19
201-8 RAPID STRENGTH CONCRETE
201-8.1 Rapid Strength Concrete
The Contractor shall utilize a rapid hardening concrete in order to minimize traffic
downtime. Concrete shall achieve a minimum 3,000 psi strength at 4-hrs. All repairs
shall be open by to traffic by the end of the working day. The Contractor shall submit to
the Engineer for approval mix data showing the water content, aggregate sizing, slump,
air entraining, admixtures, opening time, and final set time. Alumina powder and high
alumina concrete mixes will not be allowed.
SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND
PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS
214-4.1 General
Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized
thermoplastic. The thermoplastic shall be applied at 1.5 mm (60mil) to 2.0 mm (80mil)
thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100mil)
to 3.0 mm (120mil) thickness. Striping shall be applied by extrusion method. Sprayable
thermoplastic striping shall not be allowed.
214-6 PAVEMENT MARKERS
All pavement markers shall comply with Section 85 of the State of California Standard
Specifications and shall be replaced in kind.
214-6.3 Non -Reflective Pavement Markers
214-6.3.1 General
All new non -reflective pavement markers Types A and AY shall be ceramic.
214-6.4 Retroreflective Pavement Markers
214-6.4.1 General
All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or
approved equal.
SECTION 218 --- SPECIAL REPAIR MATERIALS
Page 14 of 19
218-1 HIGH MOLECULAR WEIGHT METHACRYLATE
HMWM material shall be per the 2018 Caltrans Standard Specifications Section 41-3
Crack Treatment.
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.
300-1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections.
Concrete shall be removed to nearest Joint with saw cuts made to a minimum depth of
two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal
between the sawcut lines may be accomplished by the use of jackhammers or
sledgehammers. Pavement breakers or stompers will not be permitted on the job. The
Engineer must approve final removal accomplished by other means.
300-1.3.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed
of at a facility that crushes such materials for reuse. Excess soil and other recyclable
solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer and provide appropriate confirmation documentation
from the recycling facility. All material disposal manifests shall be provided to the
Engineer prior to release of final retention.
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The Contractor shall dispose of all excess or waste material and shall include all fees for
such disposal in the appropriate bid items.
SECTION 302 - ROADWAY SURFACING
302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.7 Traffic and Use Provisions
The Contractor shall not allow vehicular traffic on new concrete until the concrete has
attained a minimum compressive strength of 3000 psi. High early strength concrete may
be attained to meet the time constraints by the use of additional portland cement or
chemical admixtures in accordance with Section 201-1 and with prior approval of the
Engineer. The cost of high early strength concrete shall be included in the unit prices for
all concrete bid items.
302-14 BRIDGE METHACRYLATE RESIN TREATMENT
302-14.1 General. This work shall consist of cleaning the bridge deck and treating the
bridge deck in conformance with the details shown on the plans, the provisions in Section
15, "Existing Highway Facilities" of the Caltrans Standard Specifications, and these
Special Provisions.
302-14.2 Clean Bridge Deck. This work shall consist of cleaning the Portland concrete
bridge deck surface as shown on the plans and as specified on the Special Provisions.
The deck surface shall be cleaned by abrasive blasting and shall be dry when
blast cleaning is performed. Traffic stripes, pavement markings, and pavement markers
shall be removed during the process of cleaning the deck.
Where abrasive blasting is being performed within 10 feet of a lane occupied by
public traffic, the reside, including dust, shall be removed immediately after contact
between the abrasive and the surface being treated. The removal shall be by a vacuum
attachment operating concurrently with the abrasive blasting operation.
After abrasive cleaning, loose material shall ne blown from visible cracks using
high pressure air, and the entire deck surface shall be cleaned by manual or power
sweeping.
302-14.3 Bridge Deck Methacrylate Resin Treatment. This work includes furnishing,
testing, and application of high molecular weight methacrylate resin and sand on bridge
decks as shown on the plans and as specified in these Special Provisions and Caltrans
Standard Specifications Section 41-3.
Contractor shall submit to the Engineer for approval material submittals for the
methacrylate, equipment for applying the methacrylate, equipment for applying the sand,
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Material Safety Data Sheets, and all other backing information describing the cure times,
hazards, and necessary work for the material.
The High Molecular Weight Methacrylate Treatment system consists of a resin,
promoter, and initiator. HMWM resin must be low odor and comply with the following:
Property
Requirement
Test Method
Volatile Content
30 percent, maximum
ASTM D 2369
Viscosity
25 cP, maximum,
(Brookfield RVT with UL
adaptor, 50 RPM at 771 F
ASTM D 2196
Specific Gravity
0.90 minimum, at 770 F
ASTM D 1475
Flash Point
1800 F minimum
ASTM D 3278
Vapor Pressure
1.0 mm Hg, maximum, at
770 F
ASTM D 323
Tack -Free Time
400 minutes, maximum at
250 C
Specimens prepared per
California Test 551
PCC Saturated Surface
Dry Bond Strength
3.5 MPa, minimum at 24
hours and 21± 1IC
California Test 551
Sand for abrasive sand finish must be commercial quality dry blast sand and have at
least 95 percent pass through a No. 8 sieve and at least 95 percent retained on the No.
20 sieve when tested per California Test 205.
302-14.4 Construction. Equipment used for this work shall be fitted with suitable traps,
filters, drip pans, or other devices as necessary to prevent oil or other material from being
deposited on the deck.
A promotor/ initiator system shall be capable of providing the resin gel time range
shown on the Contractor's material submittal. Gel time shall be adjusted to compensate
for changes in temperature throughout treatment application.
Resin shall be applied by machine and by using a two-part resin system with
promoted resin for one part and an initiated resin for the other part. This two-part resin
system shall be combined at equal volumes to the spray bars through separate positive
displacement pumps. The pump pressure at the spray bars shall not be great enough to
cause appreciable atomization of the resin. Compressed air shall not be used to produce
the spray. The spray bar apparatus shall be enclosed in a shroud.
Manual application shall ne limited to five gallons mixed at any one time. The resin
shall be distributed by squeegees and brooms within 10 minutes of application.
Barriers, railing, joints, curbs, gutters, and other areas not specifically called out for
resin application shall be protected from contamination.
The deck surfaces to be treated shall be completely covered with resin so the resin
penetrates and fills all cracks. Resin shall be applied within 5 minutes of mixing. A
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significant increase in resin velocity or other degradation of resin quality shall be cause
for rejection.
Excess material shall be redistributed by squeegees or brooms within 10 minutes
after application. For grooved decks, excess material shall be removed from grooves to
preserve texture.
Traffic will not be allowed onto the treated portion of the deck until the Engineer has
determined the surface is dry and the resin has set properly. Should a portion of deck be
rejected, the Contractor shall remove the rejected portion by blasting.
The Contractor will provide for a coefficient of friction test to be performed on
the deck in conformance with California Test 342, ASTM E274, or approved equal.
The minimum coefficient of friction on the completed deck is 0.35. If the coefficient
is less than 0.35, the Contractor shall submit a plan for modification or replacement
of rejected deck treatment. Payment for testing shall be considered a part of deck
treatment payment item.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
Sidewalks and curb access ramps shall be opened to pedestrian access on the day
following concrete placement. In addition, all forms shall be removed, irrigation systems
shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72
hours following concrete placement.
Spall repair and epoxy crack injection shall conform to the California Standard
Specifications Section 60-3.05B "Repair Spalled Surface Areas" and Section 60-3.05C
"Epoxy Crack Injection".
Page 18 of 19
APPENDIX A
CALTRANS 2018 SECTION 41-3 CRACK TREATMENT
Page 19 of 19
SECTION 41
41-3 CRACK TREATMENT
EXISTING CONCRETE PAVEMENT
41-3.01 GENERAL
41-3.01A Summary
Section 41-3 includes specifications for applying high -molecular -weight methacrylate to partial -depth
concrete pavement surface cracks.
Section 36-1.01 D(2) does not apply.
41-3.01B Definitions
Partial -depth crack: Crack that does not extend the full concrete slab depth from one edge of the slab to
the opposite or adjacent side of the slab.
41-3.01C Submittals
41-3.01C(1) General
Submit HMWM samples 20 days before use.
Submit the proposed removal method at least 7 days before sealant removal.
41-3.01C(2) Public Safety and Application Plans
Before starting crack treatment, submit a public safety plan and an application plan for applying HMWM
as shop drawings.
The public safety and application plans must identify the materials, equipment, and methods to be used.
In the public safety plan, include the SIDS for each component of HMWM and details for:
1. Shipping
2. Storage
3. Handling
4. Disposal of residual HMWM and containers
If the project is in an urban area adjacent to a school or residence, the public safety plan must also
include an airborne emissions monitoring plan prepared by a CIH certified in comprehensive practice by
the American Board of Industrial Hygiene. Submit a copy of the CIH's certification. The CIH must monitor
the emissions at a minimum of 4 points including the mixing point, the application point, and the point of
nearest public contact. At work completion, submit a report by the CIH with results of the airborne
emissions monitoring plan.
The application plan must include:
1. Crack treatment and coefficient of friction testing schedules
2. Methods and materials including:
2.1. Description of equipment for applying HMWM
2.2. Description of equipment for applying sand
2.3. Gel time range and final cure time for resin
Revise and resubmit rejected plans. With each plan rejection, the Engineer gives revision directions
including detailed comments.
41-3.01C(3) Reserved
41-3.01D Quality Assurance
41-3.011)(1) General
Use test tiles to evaluate the HMWM cure time. Coat at least one 4-by 4-inch smooth glazed tile for each
batch of HMWM. Place the coated tile adjacent to the area being treated. Do not apply sand to the test
tiles.
Use the same type of crack treatment equipment for testing and production.
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SECTION 41
EXISTING CONCRETE PAVEMENT
41-3.01 D(2) Test Area
Before starting crack treatment, treat a test area of at least 500 square feet within the project limits at a
location authorized by the Engineer. Use test areas outside the traveled way if available.
Treat the test area under weather and pavement conditions similar to those expected during crack
treatment production.
The Engineer evaluates the test area based on the Department's acceptance criteria. Do not begin crack
treatment until the Engineer authorizes the test area.
41-3.01D(3) Department Acceptance
The Engineer accepts a treated area if:
1. Corresponding test tiles are dry to the touch
2. Treated surface is tack -free and not oily
3. Sand cover adheres enough to resist hand brushing
4. Excess sand is removed
5. Coefficient of friction is at least 0.30 when tested under California Test 342
41-3.02 MATERIALS
HMWM consists of compatible resin, promoter, and initiator. HWMW resin may be prepromoted by mixing
promoter and resin together before filling containers. Identify prepromoted resin on the container label.
Adjust the gel time to compensate for temperature changes throughout the application.
The quality characteristics of HMWM resin must comply with the requirements shown in the following
table:
High -Molecular -Weight Methacrylate Quality Characteristics
Quality characteristic
Test method
Requirement
Viscosity (max, cP, Brookfield RVT with UL
adapter, 50 RPM at 25 °C
ASTM D2196
25
Specific gravitya min, at 25 °C
ASTM D1475
0.90
Flash points min, °C
ASTM D3278
82.2
Vapor pressurea max, mm H , at 25 °C
ASTM D323
1.0
Tack -free time (max, minutes at 77 °F)
Specimen prepared
under California Test 551
400
Volatile contents max, %
ASTM D2369
30
PCC saturated surface -dry bond strength
min, psi, at 24 hours and 77 t 2 °F
California Test 551
500
aPerform the test before adding initiator.
Sand must be commercial quality dry blast sand. At least 95 percent of the sand must pass the no. 8
sieve and at least 95 percent must be retained on the no. 20 sieve when tested under California Test 202.
41-3.03 CONSTRUCTION
Before applying HMWM, clean the pavement surface by abrasive blasting and blow loose material from
visible cracks with high-pressure air. Remove concrete curing seals from the pavement to be treated. The
pavement must be dry when blast cleaning is performed. If the pavement surface becomes contaminated
before applying the HMWM, clean the pavement surface by abrasive blasting.
Protect existing facilities from HMWM. During pavement treatment, protect pavement joints, working
cracks, and surfaces not being treated. Repair or replace existing facilities contaminated with HMWM at
your expense.
The equipment applying HMWM must combine the components by either static in -line mixers or by
external intersecting spray fans. The pump pressure at the spray bars must not cause atomization. Do not
use compressed air to produce the spray. Use a shroud to enclose the spray bar apparatus.
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SECTION 41
EXISTING CONCRETE PAVEMENT
You may apply HMWM manually to prevent overspray onto adjacent traffic. If applying resin manually,
limit the batch quantity of HMWM to 5 gallons.
Apply HMWM at a rate of 90 sq ft/gal. The prepared area must be dry and the surface temperature must
be from 50 to 100 degrees F while applying HMWM. Do not apply HMWM if the ambient relative humidity
is more than 90 percent.
Flood the treatment area with HMWM to penetrate the pavement and cracks. Apply HMWM within 5
minutes after complete mixing. Mixed HMWM viscosity must not increase. Redistribute excess material
with squeegees or brooms within 10 minutes of application. Remove excess material from tined grooves.
Wait at least 20 minutes after applying HMWM before applying sand. Apply sand at a rate of
approximately 2 pounds per square yard or until refusal. Remove excess sand by vacuuming or
sweeping.
Do not allow traffic on the treated surface until:
1. Treated surface is tack -free and not oily
2. Sand cover adheres enough to resist hand brushing
3. Excess sand is removed
4. Coefficient of friction is at least 0.30 determined under California Test 342
41-3.04 PAYMENT
Not Used
586
7 as