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HomeMy WebLinkAboutC-8921-1 - Concrete Replacement Program (FY2022-23)CITY OF NEWPORT BEAC" 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 Fnx newportbeachca.gov November 20, 2023 Towo Enterprise Inc. Attn: Jason Lee 2536 Fender Ave. Suite D Fullerton, CA 92831 Subject: Concrete Replacement Program - C-8921-1 UZekYIj►VJMF= On September 12, 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 September 13, 2023, Reference No. 2023000222811. The Surety for the bond is Developers Surety and Indemnity Company and the bond number is 0100306. Enclosed is the Labor & Materials Payment Bond. Sincerely, ir.e,A Leilani T. Brown, MMC City Clerk Enclosure Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0100306 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Towo Enterprise Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: distributing door hanger notifications, placing "No Parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, placing and compacting crushed miscellaneous base, constructing new concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing concrete parkways, removing concrete parking post foundations and bollards at Bayside Park parking lot and Old School Park parking lot, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing and providing temporary access during construction 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Ninety Six Thousand Two Hundred Dollars ($1,096,200.00) 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 Towo Enterprise Inc. Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of February 2023 . Towo Enterprise, Inc Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 - 2SZ-3 B: ,a Aar t C. rp -3 `t a31D&- Ci Attorney - Au orized Signature/Titt Authorized 'i2a,Ir�ece�Q _ Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Towo Enterprise Inc. Page A-2 "Please See Attached" 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 8dyEUew,N0tryPOHO County of o(a.v\!A ) ss. On _Mauch 1 . , 20 7,3 before me, Notary Public, personally appeared 4tAvi X� Qhgym who proved to me on the basis of satisfactory evidence to be thd p rson(p whose name( i@pre subscribed to the within instrument and acknowledged to r that e/ he/they executed the same in is/ er/their authorized capacity(io's), and that by is er/their signatures(o on the instrument the person(s', or the entity upon behalf of which the person(slacted, 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. SA conrEa sO 3 ® NOTARYPUBLM23.LIFORNIA C �,'X//�,{//�/l / ORANGE COUNTY i�?J�l �" `�" — Comm. Expires Dec. 1B, 2025 Signature U (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Towo Enterprise Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §11 T C:Sc\..<..�..\.\.,i ..:x^.�/.� r....\,`v�.\f:a�.�/^/C..\.,L\.1Y.✓/"<t�N:'..a ��Pa�.J-`./a nw..�✓�.... w` A notary public or other officer completing this certificate verifies only the identity of the indivldual 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 02/28/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose names) is/lal subscribed to the within instrument and acknowledged to me that Wshe/that.+ executed the same In Na/her/their authorized capacity(, and that by his/her/their signaturej6).on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the Instrument. sALMA KAREN HERNANDEZ Notary Public - California j _ = Orange County £ Commission Y 2390908 r My Comm. Expires Jan 16, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Labor and Materials Title or Type of Document: Payment Bond No. 0100306 Document Date: Number of Pages: Three (3) Signer's) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual IOAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surely and Indemnity Company 02/28/2023 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: G:V<\_..�'..\..V4\_. \.%V .<..4\hY.KI, \ ,'...\„r` '.... Kn.. Y`✓ t�.� ..<_ .(v :.4\_N.V L.n. .\...\..C� \f \ti�4...L..L. ':...\., �,. �`.4\I T • • r • • a • • :11- • :11 • •: '1 POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adair, and Rebecca Haas -Bates , of Irvine, CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings antl contracts of suretyship giving and granting unto said Attomey-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said emapany could do, but reserving to each of said company full power of substitution and rovocalion, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is effective February 28 2023 and shall expire on December 31, 2025. This Power of Attorney is granted and is signed trader and by authority of the fillowingresolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza, Senior Vice President, Sumty Underwriting_ James Bell, Vice President, SmM Underwritina, and Craig Dawson, Executive Underwriter, Sure each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power ofAdomey, and any such signature or seal may be affixed by facsimile, and such Power of Attorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTD- INSURANCE COMPANY said DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signorand attested by their Secretary or Assistant Secretary this December 5, 2022 By: Printed Name: Sam Zaza Title: senior Vice President, Surety °%%-"_NSUR'q "00. °�y�yANy` °$�•17F'POR4T t�'� �e°,�`F"GO�PO���s{C`�'e = G C% 0 -. fitE'y a G �' aJ; •. b°; ©�°°•4 LAWP,SA�• • Y STATEOFCalifornia COUNTY OF Orange `/ - �„ Onthis:✓"dayof .C°R.eM°�w .20�bsforeme, �'"Q- 140,uUAtln personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instmmenttlre entities upon behalf which the person acted, executed this Instrument. I certify, under penalty of perjury, under the laws of the State of casomie WITNESS my hand and official seal. that the foregoing paragraph is [rue and comet. Signature CORPORATE CERTIFICATION DW EI. NAWATA Notary Public • Califonaa Orange County i Commission p 2284027 My Comm. Esplres Apr 28, 2023 The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions ofthe resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland. Ohio, this 22 day of November, 2022, �Dooaaianed by: J�}aYYr4 UJ, hosts By: Ba'W" ADE548C... ._ Barry W. Moses, Assistant Secretary POA No. NIA Ed. 1122 9113123, 11:11 AM Batch 16321992 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 IIIIIII 11IIIIIIIIIIIIII1111I11111IIII [111111IIIIIIIII 111/111111 NO FEE *$ R 0 0 1 4 5 5 3 6 3 1 $ * 2023000222811 11:08 am 09113123 90 CRSC06 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 Town Enterprise Inc., Fullerton, California, as Contractor, entered into a Contract on February 14, 2023. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-8921-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. m Public Works Director City of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Executed on ) iA, J , at Newport Beach, California. f https://gs.secure-ords.com/Batch/Confirmation/16321992 5/5 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Towo Enterprise Inc., Fullerton, California, as Contractor, entered into a Contract on February 14, 2023. Said Contract set forth certain improvements, as follows: Concrete Replacement Program - C-8921-1 Work on said Contract was completed, and was found to be acceptable on September 12, 2023, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. go 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. r Executed on (1 �f���, at Newport Beach, California. BY r ---� City Clerk CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 10th day of January , 2023, at which time such bids shall be opened and read for CONCRETE REPLACEMENT PROGRAM Project No. 23R06 Contract No. 8921-1 $1,250,000 Engineer's Estimate � e � r CqL! poft',, P i Approved by 3mes M. Houlihan ty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: htV:1—TA w.Pianetl�jds,com/portal/prtal.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 Classification(s) required for this project: "A" or "C-8" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https:!/www. newportbeachca. dov/c.7avernment/data-hub_/_o_n_ line-services/bids-rfos-vendor- registration - City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 TABLE OF CONTENTS NOTICE INVITING BIDS ..................................... ............... Cover ..................................... INSTRUCTIONS TO BIDDERS ................. 3 ...................................................... BIDDER'S BOND ...................... 6 ................................................................................... DESIGNATION OF SUBCONTRACTOR(S) ......................... ......... 9 ................................ TECHNICAL ABILITY AND EXPERIENCE REFERENCES ........................................... 9 NON -COLLUSION AFFIDAVIT 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD ................................................... 15 ACKNOWLEDGEMENT OF ADDENDA ................................................. 18 ..................... INFORMATION REQUIRED OF BIDDER ........................................... 19 ......................... NOTICE TO SUCCESSFUL BIDDER .................................................. 21 ........................ CONTRACT............................................................. 22 .................................................... LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND.......................................................... Exhibit B INSURANCE REQUIREMENTS ........................... ........... Exhibit C .......................... PROPOSAL............................................................................ PR-1 ................................. SPECIAL PROVISIONS ...................................................SP-1 ........................................ 2 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS. INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2"d Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, 3 bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, a, the escrow agent. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1726.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. i 986567, A - General Engineering y Yun Su Chung, President Contractor's License No. & Classification Authorized Signature/Title 1000041158, 06/30/2025 DIR Registration Number & Expiration Date Date Towo Enterprise Inc Bidder 5 01/09/2023 Bond No.: CMGB00015526 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Their Greatest Amount Bid Dollars ($ 10%of their G.A.S. ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE REPLACEMENT PROGRAM, Contract No. 8921-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligation's under this Bond. Witness our hands this 6th day of January , 2023. Towo Enterprise, Inc. Name of Contractor (Principal) Argonaut Insurance Company Name of Surety c/o CMGIA - 20336 Ventura Blvd., Ste. 426 Woodland Hills, CA 91364 Address of Surety (866)363-2642 Telephone Yun Su G4iw► P Authorized Signature/Ti e Authorized Agent Signature Christopher Coronel, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of See Attached ** } ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer 71 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _dhZ��2 } SS. On Ct 20 ; before me, Young Wan Choi, Notary Public Notary Public, personally appeared YUtj SLA Gh I.A Kj C7 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/skyey executed the same in his/her/their authorized capacity(ies), and that by his/herftiieir signatures(s) on the instrument the persons), 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. YOUNG WAN CHOI COMM.02356532 ; NOTARY PUBLIC • CALIFORNIA p ORANGE COUNTY Comm. E�ires MeyS, 2025 (seal) State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 (seal) Bond No.: CMGB00015526 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Bog 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under t e laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named ov -ce, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity derta ' gs in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $15,000,000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the fo ing • solution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice lre t ecretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company STATE OF TEXAS COUNTY OF HARRIS SS: Gary E. Grose President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. „ KATHLEEN M MEEKS �Y�-''h�J- "Cl NOTARY PUBLIC STATE OF TEXAS "'��`° MY CQMM. EX.P 07/15/25 NOTARY ID 557902-B (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 6th day of January 2023 �`5EAL•�; 'Z c Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. CALIFORNIA• • • 1189 .A .AC.A .A .A .A .A . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On JAN 0 19 2023 — before me, Lucas Patterson, Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher Coronel 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. s LUCAS PAi 7 ERSON _ Notary Public • Cadornia Nota z zs= Los Angeles County My Commission .# 2352264 Comm. Expires Mar 19, 2025 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of NotaryPublic OPTIONAL Though this section is optional, completing this information can deter alteration of the docume r fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): []Partner — ❑ Limited ❑ Genera El Individual ElAttorne act ❑ Trustee ❑ G ian or Conservator El Other: Signer Is esenting: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 DESIGNATION OF SUBCONTRACTOR(S) AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the _Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Towo Enterprise Inc Bidder WE Yun Su Chung, President Authorized Signature/Title City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. er's Name Towo Enterprise Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON -RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 5 years in excess of $150,000, provide the following information. Please see Special Provisions SECTION 2-1 for detailed experience record/reference requirements. No. 1 Project Name/Number Concrete Facilities Removal and Replacement Citywide Phase 8 Project Description Remove and Replace Concrete and Asphalt Approximate Construction Dates: From October 2022 To: January 2023 Agency Name City of Anaheim Contact Person Lorenzo Rea Telephone (714) 765-6893 Original Contract Amount $995,330.00 Final Contract Amount $ 995,330.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 10 No. 2 Project Name/Number Concrete Facilities Removal and Replacement Citywide Phase 7 Project Description Remove and Replace Concrete and Asphalt Approximate Construction Dates: From May 2022 To: June 2022 Agency Name Contact Person Lorenzo Rea City of Anaheim Telephone (714) 765-6893 Original Contract Amount $ 382,650.00 Final Contract Amount $ 382,650.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Concrete Repair Services Project Description Remove and Replace Concrete and Asphalt Approximate Construction Dates: From August 2022 To: Agency Name __ City of Ontario Contact Person Tim Masot June 2023 Telephone (909) 395-2624 Original Contract Amount $ 905,000.00 Final Contract Amount $ 905,000.00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Project Name/Number ADA Curb Ramps and Path of Travel - Citywide (CDBG) Project Description Remove and Replace Concrete and Asphalt Approximate Construction Dates: From June 2022 To: January 2023 Agency Name Contact Person Steve Enna of Pomona Telephone (909) 322-5996 Original Contract Amount $ 645,104.00 Final Contract Amount $ 704,007.24 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders, Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Euclid Street Improvements Remove and Replace Sidewalk,Curb and Gutter, Driveway, ADA Ramp, Project Description Cold Mill, Asphalt Paving, Storm Drain, Trail Fencing, Retaining Wall Approximate Construction Dates: From June 2022 Agency Name City of Fullerton Contact Person Melissa Rendon To: October 2022 Telephone (714) 738-6886 Original Contract Amount $1,599,338-70Final Contract Amount $ 1,570,778.73 If final amount is different from original, please explain (change orders, extra work, etc.) Quantity decrease less work than expected Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 12 No. 6 Project Name/Number Citywide Annual Sidewalk/Concrete Repair and Replacement Project Description Remove and Replace Concrete and Asphalt Approximate Construction Dates: From December 2021 To: Mav 2022 Agency Name City of Norwalk Contact Person Damian Rosales Telephone (562) 929-5527 Original Contract Amount $ 351,050.00 Final Contract Amount $ 386,059.02 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders, Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? if yes, briefly explain and indicate outcome of claims. No Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Towo Enterprise Inc Bidder 13 i v-,- Yun Su Chung, President Authorized Signature/Title City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 NON -COLLUSION AFFIDAVIT State of Califomia ) ) ss. County of Orange ) Yun Su Chung being first duly sworn, deposes and says that he or she is President of Towo Enterprise Inc , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of �Califomia that the foregoing is true and correct. Towo Enterprise Inc Bidder Authorized Signature/Title Subscribed and sworn to (or affirmed) before me on this ( �ay of ��g✓�_, 2023 by U N L ��A C H u N e) proved to me on the basis of satisfactory evidence to be the per-sonWwhoappeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �... '� CHOINotary l�bficAM 532 ;ALIFOtiMA p[SEAL]rmay s, zozs My Commission Expires: 0_t- o Zr 14 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 DESIGNATION OF SURETIES Bidder's name Towo Enterprise Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Argonaut Insurance Company, c/o CMGIA 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364 866-363-2642 Millennium Risk Management & Insurance Services 5530 Trabuco Rd., Irvine, CA 92620 949-857-4500 15 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Towo Enterprise Inc Record Last Five (5) Full Years Current Year of Record Current "' Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total i 2023 ----- _ No. of -contracts ; 5 14 6 5 6 - 5 — I40 -- Total dollar Amount of Contracts (in $2,578,548.00 $7,275,591.31 $1.881,877.54 $1,120,000.00 $755.501.00 $724,362.00 $14,335,879.85 j Thousands of $) No, of fatalities 0 I0 ~0 0 0 0 - 0 � No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 workday cases i involving j permanent transfer to anotherjob or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Title Towo Enterprise Inc 2536 Fender Ave Suite D, Fullerton, CA 92831 714-770-0379 986567, A - General Engineering Yun Su Chuna. President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date _ _ 01 /,09/2023 Title Yun Su Chung, President Signature of bidder Date 01 /09/2023 Title _ Yun Su Chung, Se Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 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 On avn fAl D-0z before me, Young Wan Choi, Notary Public Date Here Insert Name and Title of the Officer personally appeared -'�U.Q _ _ 5 0 �_tL2_Ca— Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*} whose names} isMre subscribed to the within instrument and acknowledged to me that he/shefiey executed the same in his/herAt r authorized capacity(ies), and that by his/her-Aheir signature(s) on the instrument the person(*} 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. =10TARA5 CHOI COMM32 FpflN1A p T( nS Signature —�.— ig� nature 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: Document Date: __- --- Number of Pages: Signer(s) Other Than Named Above: — Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): =� Partner — M Limited D General I Individual ❑ Attorney in Fact _ 1 Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: Corporate Officer — Title (s): ---- - Lj Partner — ❑ Limited rj General Individual ❑ Attorney in Fact Ci Trustee f_, Guardian or Conservator C' Other: Signer Is Representing: — ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name Towo Enterprise Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received I Si ature N/A - N/A - - i IF City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Towo Enterprise Inc Business Address: 2536 Fender Ave Suite D, Fullerton, CA 92831 Telephone and Fax Number: 714-770-0379 California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) 986567, A - General Engineering Original Date Issued: 09/06/2013 Expiration Date: 09/30/2023 List the name and title/position of the person(s) who did the required on -site inspection for your firm of the site of the work proposed in these contract documents, including but not limited to ALL tree removal areas (photo documentation may be requested): Yuri Su Chung, President Jason Lee, Project Manager The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Yuri Su Chung President 7244 Morning Hills Dr, Corona, CA 92880 714-313-0909 Yun Su Chung Secretary 7244 Morning Hills Dr, Corona, CA 92880 714-313-0909 Corporation organized under the laws of the State of 19 California The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor 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) NIA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Bidder Towo Enterprise Inc Yun Su Chung (Print name of Owner or President of Corporation/Cpmpany) Authorized Signature/Title Title President State of Califami 01 /09/2023 County of Orange Date On acVYl - f4-�107_� before me, �LO L41 C) w FN 0 CHO:r , Notary Public, personally appeared C 14" � , who proved to me on the basis of saiisfactory evidence to be tr,e persons) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/heOtheir authorized capacity(ies), and that by his/heOWe signatures) on the instrument the person(-s), or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary PuKtic-in and for said State My Commission Expires:_ 21 Y%O NG WAN CHOI 0 COMM 02358532 •,� NOTARY PUBLIC eCAUFORHIA ORANGE COUNTY (SEAL) „C,«�,» ire Mey 5, i City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 10% CONCRETE REPLACEMENT PROGRAM CONTRACT NO. 8921-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of February, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Towo Enterprise Inc., a California corporation ("Contractor"), whose address is 2536 Fender Ave., Suite D, Fullerton, California 92831, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of the following: distributing door hanger notifications, placing "No Parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, placing and compacting crushed miscellaneous base, constructing new concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing concrete parkways, removing concrete parking post foundations and bollards at Bayside Park parking lot and Old School Park parking lot, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing and providing temporary access during construction (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. 8921-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Million Ninety Six Thousand Two Hundred Dollars ($1,096,200.00). 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 Jason Lee 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 Towo Enterprise Inc. Page 2 act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Towo Enterprise Inc. Page 3 Attention: Jason Lee Towo Enterprise Inc. 2536 Fender Ave. Suite D Fullerton, CA 92831 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. Towo Enterprise Inc. Page 4 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract 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 Towo Enterprise Inc. Page 5 City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless 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. Towo Enterprise Inc. Page 6 Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 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 Towo Enterprise Inc. Page 7 cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 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. Towo Enterprise Inc. Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Towo Enterprise Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 24'� By: _Z_ a n C. r a) ��a3 D(. d-''►� 1ty Attorney ATTEST: Date: f , By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation CONTRACTOR: Towo Enterprise Inc., a California corporation Date: Signed in Counterpart By: Yun Su Chung Chief Executive Officer / Secretary [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B — Faithful Performance Bond Exhibit C — Insurance Requirements Towo Enterprise Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2- 8- 23 ��By: A//IV. ar n C. r al ��a3'Dcr y Att rn ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: Towo Enterprise Inc., a California corporation Date: 2/18/1a13 By: - - j 1, Yun Su Chung Chief Executive fficer / Secretary [END OF SIGNATURES] Attachments: Exhibit A - Labor and Materials Payment Bond Exhibit B - Faithful Performance Bond Exhibit C - Insurance Requirements Towo Enterprise Inc. Page 10 Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 0100306 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Towo Enterprise Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: distributing door hanger notifications, placing "No Parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, placing and compacting crushed miscellaneous base, constructing new concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing concrete parkways, removing concrete parking post foundations and bollards at Bayside Park parking lot and Old School Park parking lot, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing and providing temporary access during construction 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, Developers Surety and Indemnity Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Ninety Six Thousand Two Hundred Dollars ($1,096,200.00) 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 Towo Enterprise Inc. Page A-1 exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of February , 2023 Towo Enterprise, Inc Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 - 2-S'g-3 B Aaro C. rp -3Pi lab1� Ci Attorney -Ijn 5,C{ p e5r' Au orized Signature/Tit Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Towo Enterprise Inc. Page A-2 "Please See Attached" 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 MY En Choi, Notau Public County of U rcky, Q, ) ss. On Mavch 1 , , 20 2-3 before me, Notary Public, personally appeared 4 titi V vk Ch qvt!1 who proved to me on the basis of satisfactory evidence to be N person(o whose name(,) s&re subscribed to the within instrument and acknowledged to me that e/ he/they executed the same in is/ er/their authorized capacity(ir�s), and that by is er/their signatures(o on the instrument the person(si , or the entity upon behalf of which the person(sxacted, 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. SALLY 123 CH01 my hand #2387345 NOTARY PUBLIC CALIFORNIA O (� n ORANGE COUNTY 1 / // D / ^ ^ Comm. Expires Dec. 18, 2025 Signature U (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Towo Enterprise Inc. Page A-3 CALIFORNIA• •. c:�saCCo�..�:�.rS.!sifttl�c!s�,• t!:�< .c :<.::.�.. c!C �• ,c.<i,-i.!s:..:.:�.t�./=S.�a�: !'.:.�s�.�✓�t <!s�.�.•. 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 02/28/2023 Date before me, Alma Karen Hernandez, Notary Public personally appeared Rebecca Haas -Bates Here Insert Name and Title of the Officer NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name()• is/are subscribed to the within instrument and acknowledged to me that iieJshe/they executed the same in Ris/her/thsir authorized capacity, and that by his/her/ *r signatures on the instrument the person* or the entity upon behalf of which the persons) 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. ALMA KAREN HERNANDEZ Notary Public - California z 4 Orange County Commission ; 2390908 Wmy Signature Comm. Expires Jan 16, 2026 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 Labor and Materials Title or Type of Document: _ Payment Bond No. 0100306 Document Date: Number of Pages: Three (3) Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 02/28/2023 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L:�.4��4C✓4�.:�'!4�_:4Cf!ti4�✓;.�_!4�✓,4<✓:�'!:�E�.�✓:C✓.�.�:v:�✓4�✓:�4�✓4<✓:C�4�::��tC✓:��4�.4��.'✓. ✓ ✓. _ ✓ POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adair, and Rebecca Haas -Bates , of Irvine, CA as its true and lawful Attomey-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attomey is effective February 28, 2023 and shall expire on December 31, 2025. This Power of Attomey is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza Senior Vice President, Surety Underwriting, James Bell, Vice President, Surety Underwriting, and Craig Dawson, Executive Underwriter, Sure each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power ofAttorney. RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed to any such Power of Attomey, and any such signature or seal may be affixed by facsimile, and such Power of Attomey shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5, 2022 By: Printed Name: Sam Zaza Title: Senior Vice President, Surety STATE OF California COUNTY OF Orange ,0,00111��1���1 e O ••, •�o Tom.•• O m a SEAL: ' O •••�F�AWPR� • � " oo®Ovao®oA0 � 00®0••••••a' ••a0110/0 �' •••a• �,�.( AND /�O°°. co 1936 � j J�•° ,° tF0 • °aa ; • On this day of ��CK�f 20 before me, i�G�in10\` personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument. I certify, under penalty of perjury, under the laws of the State of caiiiomia WITNESS my hand and official seal. Signature C— that the foregoing paragraph is true and correct. CORPORATE CERTIFICATION `r— DIANE J. KAWATA Notary Public • California Orange County ' Commission N 2284027 My Comm. Expires Apr 28, 2023 11 The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power ofAttorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland. Ohio, this 22 day of November, 2022. CDocaSigned by: (1i1 • t�t.ms B� : sss4t5 7ADE548C... Barre W. Moses. Assistant Secretary POA No. N/A Ed. 1122 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 0100306 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 21,924.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Towo Enterprise Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: distributing door hanger notifications, placing "No Parking" signs and traffic control, posting tree removal signs, removing trees, stump grinding, root removal and grading removal area, saw cutting concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing, shaving or pruning tree roots, grading, clearing and grubbing, placing and compacting crushed miscellaneous base, constructing new concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters, removing concrete parkways, removing concrete parking post foundations and bollards at Bayside Park parking lot and Old School Park parking lot, patching areas of concrete curb and gutter and sidewalk, restoring private improvements including damaged bricks and synthetic turf, installing grass turf as necessary to match existing and providing temporary access during construction 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 Developers Surety and Indemnity Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Ninety Six Thousand Two Hundred Dollars ($1,096,200.00) 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. Towo Enterprise Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of Febru ry 2023 Towo Enterprise, Inc i n su Chan P,es�de�- Name of Contractor (Principal) Aut4rized Signature/Title Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine, CA 92614 Address of Surety (866) 363-2642 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: li— ar C. 3�d'► �23 Attorney Authorized Agent Signature Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Towo Enterprise Inc. Page B-2 "Please See Attached" 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 B* Ihm CK AO1tAff hbfiC County of Qq-av�,219, } ss. On Mo vva /L . zo 7-3 20 23 before me, Notary Public, personally appeared 4,Ao KA who proved to me on the basis of satisfactory evidence to be trfe personM whose nameM is re sub cnbed to the within instrument and acknowledged to me tha he he/they executed the same in is er/their authorized capacity(ie, and that by i)her/their signatures(on the instrument the persons), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JA014"��' Sig ture 61 r SALLY EUN CH01 _ COMM. #2387345 � �� NOTARY PUBLIC � CALIFORNIA O _.n, ORANGE COUNTY "— Comm. Expires Dec. 18, 2025 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 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Towo Enterprise Inc. Page B-3 CALIFORNIA• • •. C:..!:C.!:;t�< .�a,!:�:!�::4c�:4A. <!sN c!�, <�:!�../cC:.!�•�e.:�.r •r.�.!a�.!::�:!:�J.�.!.;.!sC.r :!�.�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 Orange ) On 02/28/2023 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name()• is/*e subscribed to the within instrument and acknowledged to me that i*e/she/they executed the same in Nis/her/tl%ir authorized capacity(ibs), and that by his/her/ihsir signaturel.on the instrument the person* or the entity upon behalf of which the persons) acted, executed the instrument. E ALMA KAREN HERNANDEZ Notary Public - California Orange County Commission ; 2390908 My Comm. Expires Jan 16, 2026 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Z55��__ Z�� Z 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: Faithful Performance Bond No. 0 1 00306Document Date: Number of Pages: Three (3) Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual k Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 02/28/2023 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY THESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, do hereby make, constitute and appoint: William Syrkin, Richard Adair, and Rebecca Haas -Bates of Irvine, CA as its true and lawful Attorney -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and revocation, and all of the acts of said Attomey-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective February 28, 2023 mid shall expire on December 31, 2025. This Power ofAttorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza Senior Vice President, Surety Underwriting, James Bell, Vice President, Surety Underwriting, and Craig Dawson, Executive Underwriter, Sure, each an employee of AmTrust North America, Inc., an affiliate of the Company (the "Authorized Signors"), are hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED, that the signature ofany one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the sea] of the Company must be affixed to any such Power ofAttomey, and any such signature or seal may be affixed by facsimile, and such Power ofAttorney shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5, 2022 AN1) / , ° v3?,P 0Ci co Rq 2� s By: 0 w °• SEAL : i7 W : -1 o _ 1936 �= Printed Name: Sam Zaza •'°•�FCgWP�� ° Y m O�� • cqC/FORa\P, • k a 'a ° Title: Senior Vice President, Surety °°°°0g •�• � •�• o�oo°° °p pogo gggg000 Ogpogee,g 44", STATE OF California COUNTY OF Orange On this day of IiO Ct� , 2014,before me, VkCW'0 � . �awiN`IVX personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this 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. • DIANE J. KAWATA Notary Public • California .•: - Orange County Signature Commission p 2284027 My Comm. Expires Apr 28, 2023 CORPORATE CERTIFICATION The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland. Ohio, this 22 day of November, 2022. CDocuSigned by: � U�.Nsu B) . 666415 7ADE548C... Barry W. Moses. Assistant Secretary POA No. N/A Ed. 1122 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 Towo Enterprise 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 Towo Enterprise 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 entitled to coverage for higher limits maintained by the Contractor. Any Towo Enterprise Inc. Page C-3 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. Towo Enterprise 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. Towo Enterprise Inc. Page C-5 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Contract No. 8921-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 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. 8921-1 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: 01 /09/2023 Date 714-770-0379 Bidder's Telephone and Fax Numbers 986567, A - General Engineering Bidder's License No(s). and Classification(s) 1000041158 DIR Registration Number Bidder's email address: Towo Enterprise Inc Bidder 1 Yun Su Chung, President Bidder's Authorized Signature and Title 2536 Fender Ave Suite D, Fullerton, CA 92831 Bidder's Address luichung@towoenterprise.com N Vendor Name Towo EnterDr,se Inc Address 2536 Fender Ave Suite D Fullerton, California 92831 United States Respondee Jason Lee Respondee Title Project Manager Phone 562-213-6345 Email jasoniee@towoenterprise.com Vendor Type CADIR License # 986567 CADIR 1000041158 Bid Format Electronic Submitted 01/10/2023 9-29 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 315111 File Title File Name File Type General Attachment.pdf General Attachment.pdf General Attachirent Bid Bond pdf Bid Bcnd.pdf Bid Bond Showing 2Subcontraciors Name & Address Madole & Associates INC 9302 Pittsburgh Ave, Suite 230 P,ancho Cucamonga, California 9173 V&E Tree Service PO. Box 3280 Orange, California 92865 Desc License Num CADIR Surveying 7635 1000809133 -ree Removal and 654506 100000, 936 Stump Grinding Amount Type S35,160 00 MBE, DBE FSD, DGS S 119.000.00 Discount Terms No Discourt Item 9 Item Code Type Item Description Section 1 1 Mobilization 2 Surveying Services 3 Traffic Control 4 Remove & Construct 4-Inch Thick Concrete Sidewalk 5 Remove Parkway 6 Remove & Construct Type "A" Concrete Curb and Gutter 7 Remove & Construct 6-Inch Concrete Driveway Approach 8 Remove and Construct 6-Inch Concrete Alley Approach 9 Remove & Construct 8-Inch Concrete Cross Gutter 10 Remove & Construct Concrete Access Ramp 11 Remove Existing & Construct CB Cover, Lid, and Portion of Local Depression 12 Remove Existing Concrete Pad and Parking Post Foundation 13 Remove Concrete Parking Post Foundation 14 Prune/Shave Tree Roots 15 Tree Removal, Stump Grinding and Parkway Restoration 16 Large Tree Remove, Stump Grinding and Parkway Restoration 17 Provide ISA Certified Arborist 18 Remove & Replace Utility Boxes & Covers 19 Restore Public and Private Improvements 20 Remove Existing Improvements and Construct 4-Inch Thick Concrete Sidewalk at Ensign Intermediate School 21 Remove Existing Improvements and Construct 4-Inch Thick Concrete Sidewalk at Corona del Mar High School UOM QTY Unit Price Line Total Response Comment 51,096,200.00 LS 1 530,000.00 530,000.00 Yes LS 1 $50,000.00 $50,000.00 Yes LS 1 825,000.00 525,000.00 Yes SF 18500 $12.00 $222,000.00 Yes SF 550 515.00 $8,250.00 Yes LF 2700 545.00 S121,500.00 Yes SF 8600 S16.00 $137,600.00 Yes SF 170 $20.00 $3,400.00 Yes SF 500 528.00 S14,000.00 Yes EA 23 $4.800.00 $110,400.00 Yes EA 5 53,000.00 515,000.00 Yes EA 29 5750.00 521,750.00 Yes EA 8 5750.00 56,000.00 Yes LS 1 840,000.00 $40,000.00 Yes EA 19 54,000.00 576,000.00 Yes EA 3 $10,000.00 530,000.00 Yes LS 1 515,000.00 S15,000.00 Yes EA 73 5650.00 $47,450.00 Yes LS 1 520,000.00 520,000.00 Yes SF 2000 $8.50 $17,000.00 Yes SF 10100 58.50 $85,850.00 Yes Section Title Section 1 Grand Total Line Total $1,096,200.00 $1,096,200.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CONCRETE REPLACEMENT PROGRAM PROJECT NO. 23R06 CONTRACT NO. 8921-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2-1 AWARD AND EXECUTION OF THE CONTRACT 1 2-3 SUBCONTRACTS 2 2-3.1 General 2 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 2-9 SURVEYING 3 2-9.1 Permanent Survey Markers 3 2-9.2 Survey Service 3 SECTION 3 - CHANGES IN WORK 4 3-3 EXTRA WORK 4 3-3.2 Payment 4 3-3.2.2 Basis for Establishing Cost 4 3-3.2.3 Markup 4 SECTION 4 - CONTROL OF MATERIALS 4 4-1 MATERIALS AND WORKMANSHIP 4 4-1.3 Inspection Requirements 4 4-1.3.1 General 5 SECTION 5 - UTILITIES 5 5-1 LOCATION 5 5-1.1 General 5 5-2 PROTECTION 5 5-4 RELOCATION 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 7 6-7.1 General 7 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 8 6-9 LIQUIDATED DAMAGES 8 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 9 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES g 7-1.2 Temporary Utility Services 9 7-2 LABOR 9 7-2.2 Prevailing Wages 9 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 10 7-10 SAFETY 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 SECTION 9 -MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 11 9-3.2 Partial and Final Payment. 15 PART 2 - CONSTRUCTION MATERIALS 15 SECTION 200 — ROCK MATERIALS 15 200-2 UNTREATED BASE MATERIALS 15 200-2.1 General 15 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1 Requirements 16 201-1.1.2 Concrete Specified by Class and Alternate Class 16 201-2 REINFORCEMENT FOR CONCRETE 16 201-2.2 Steel Reinforcement 16 201-2.2.1 Reinforcing Steel 16 SECTION 203 — BITUMINOUS MATERIALS 16 203-6 ASPHALT CONCRETE 16 203-6.5 Type III Asphalt Concrete Mixtures 16 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 16 214-4 PAINT FOR STRIPING AND MARKINGS 16 214-4.1 General 16 214-6 PAVEMENT MARKERS 16 214-6.3 Non -Reflective Pavement Markers 17 214-6.3.1 General 17 214-6.4 Retroreflective Pavement Markers 17 214-6.4.1 General 17 SECTION 215 - TRAFFIC SIGNS 17 PART 3 - CONSTRUCTION METHODS 17 SECTION 300 - EARTHWORK17 300-1 CLEARING AND GRUBBING 17 300-1.3 Removal and Disposal of Materials 17 300-1.3.1 General 17 300-1.3.2 Requirements 18 SECTION 302 - ROADWAY SURFACING 18 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 18 302-6.7 Traffic and Use Provisions 18 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.1 Requirements 19 303-5.1.1 General 19 303-5.4 Joints 19 303-5.4.1 General 19 303-5.5 Finishing 19 303-5.5.2 Curb 19 303-7 COLORED CONCRETE 20 303-7.1 General 20 SECTION 315 -TRAFFIC SIGN INSTALLATION 20 PART 6 - TEMPORARY TRAFFIC CONTROL 20 SECTION 600 - ACCESS 20 600-1 GENERAL 20 600-2 VEHICULAR ACCESS 21 600-3 PEDESTRIAN ACCESS 21 SECTION 601 — WORK AREA TRAFFIC CONTROL 21 601-1 GENERAL 21 601-2 TRAFFIC CONTROL PLAN (TCP) 21 PART 8 - LANDSCAPING AND IRRIGATION 22 SECTION 800 - MATERIALS 22 800-1 LANDSCAPING MATERIALS 22 800-1.1 Topsoil 22 800-1.1.1 General 22 SECTION 801 - INSTALLATION 22 801-1 GENERAL 23 APPENDIX A: WORK SCHEDULE 1 APPENDIX 8: SCHOOL SIDEWALKS 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONCRETE REPLACEMENT PROGRAM PROJECT NO. 23R06 CONTRACT NO. 8921-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Work Schedule in Appendix A; (3) Exhibits in Appendix B; (4) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (5) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT At the time of the award and until completion of work, the Contractor shall possess a Class "A" or "C-8" license. At the start of work and until completion of work, the Page SP 1 of 24 Contractor and all Subcontractors shall possess a valid Business License issued by the City. The Contractor is required to demonstrate their experience and ability to complete similar concrete improvement projects for public agencies and shall have been engaged in similar concrete replacement projects for public agencies for a period of not less than five (5) years. As part of the Contractor's Technical Ability and Experience References, the Contractor must provide, at a minimum, five reference projects that demonstrate the successful completion of similar projects with a minimum total of 10,000 Linear Feet of concrete curb and gutter replacement and 50,000 Square Feet of concrete sidewalk replacement within the public right-of-way. 2-3 SUBCONTRACTS 2-3.1 General The Contractor shall list a California Licensed Land Surveyor as a subcontractor, who will be performing all surveying tasks. The Contractor shall also list an ISA Certified Arborist as a subcontractor, who will be performing all work related to tree root pruning and shaving. A copy of the ISA Certified Arborist's credentials must be included as part of the Contractor's bid package. Failure to list the Surveyor or Arborist may result in the Contractor being deemed non -responsive. 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 the following: • Distributing door hanger notifications • Placing "No Parking" signs and traffic control • Posting tree removal signs • Removing trees, stump grinding, root removal and grading removal area • Saw cutting concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters • Removing, shaving or pruning tree roots, grading, clearing and grubbing • Placing and compacting crushed miscellaneous base • Constructing new concrete sidewalks, parkways, driveways, alley approaches, access ramps, cross gutters, curbs and gutters • Removing concrete parkways • Removing concrete parking post foundations and bollards at Bayside Park Parking Lot and Old School Park Parking Lot Page SP 2 of 24 • Patching areas of concrete curb and gutter and sidewalk • Restoring private improvements including damaged bricks and synthetic turf • Installing grass turf as necessary to match existing • Providing temporary access during construction 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: All work related to the preservation and restoration of permanent survey markers shall be completed by a California Licensed Surveyor. 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. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The Contractor shall provide survey for all cross gutter and curb and gutter work to confirm positive drainage can be achieved, prior to starting work. If positive drainage cannot be achieved, the Contractor shall notify the Engineer in writing. Additionally, survey shall be provided for all cross gutters, gutter spandrels, driveway approaches, and alley approaches where the grade is less than or equal to 0.2 percent to confirm positive drainage can be achieved within the replacement limits, prior to starting work. Page SP 3 of 24 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Page SP 4 of 24 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box 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. Page SP 5 of 24 The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule No work shall begin until a Notice to Proceed has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2-week look -ahead schedules on a bi-weekly basis with detailed daily activities. Before pruning tree roots, the Contractor's ISA Certified Arborist shall provide an assessment of the tree along with written documentation (reporting) indicating tree root pruning can be performed without future tree damage. The Work Schedule provided in Appendix A shall be used by the Contractor's ISA Certified Arborist to determine the trees requiring arborist inspection and reporting. Concrete work around trees shall be scheduled with the Contractor's Arborist for review during concrete removal to finish inspection before root pruning. The Contractor's Arborist cannot provide an explicit recommendation or request for tree removal. The Contractor shall obtain written approval from the Engineer to perform root pruning or tree removal work. Prior to work near trees, the Contractor and Contractor's Arborist shall arrange to meet with the City's Arborist, Mr. John Nelson at (949) 644-3197 at the site to discuss City standards and requirements at these locations. The City's review time may take up to ten working days. Upon review, the Engineer will provide instructions to the Contractor regarding each tree's disposition. Trees slated for Page SP 6 of 24 removal will be paid at the contract bid price. Working days will not be added to contract time for the City's review. For all tree removals, the Contractor shall post a tree removal notification sign on the subject tree a minimum of 14 calendar days prior to removal. Tree removal signs shall be provided by the City Arborist. The Contractor shall be responsible for coordinating with the City Arborist to procure and post the tree removal signage. Special scheduling is required for work that is adjacent to Corona del Mar High School and Ensign Intermediate School. Work adjacent to schools shall be scheduled during the Summer Recess (starts June 12, 2023) per the Newport -Mesa Unified School District School Calendar (2022-2023). The Contractor's first order of work shall be to reconstruct the curb access ramp and cross gutter at the corner of Marapata Drive and Sabrina Terrace. The Contractor shall coordinate and schedule all work in concert with the City's West Irvine Terrace Water Main Replacement project, which may be under construction concurrently in the West Irvine Terrace neighborhood. For all areas where a new water meter box is planned to be relocated from the property line to the sidewalk, the Contractor shall not complete its sidewalk replacement work until the water meter box has been successfully installed in the sidewalk. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed, except for the work adjacent to Corona del Mar High School and Ensign Intermediate School, which is to be completed during summer recess. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on March 13, 2023. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. Page SP7of24 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. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000. 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. Page SP 8 of 24 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. 7-8 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 Page SP 9 of 24 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT Page SP 10 of 24 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment for each respective bid item 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. Unbalanced unit bid pricing will be determined by the City and may be deemed Non -Responsive at the sole discretion of the City. 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. The cost for this bid item shall not exceed 3 percent of the total bid price. Item No. 2 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, establishing centerline ties, adjusting survey monuments, filing pre- and post -construction corner records with the county, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. This item includes providing survey for all curb and gutter work; and all cross gutters, spandrels, driveway approaches, and alley approaches having less than 0.2 percent grade. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, preparing traffic control plans per Section 601-2, 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. Flag persons are required for all work on Bayside Drive. Item No. 4 Remove and Construct 4-Inch Thick Concrete Sidewalk: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, pumping concrete to locations in Irvine Terrace Park, constructing 4-inch thick minimum concrete sidewalk per CNB STD 180, adjusting sidewalk to grade to match adjacent improvements and all Page SP 11 of 24 other work items as required to complete the work in place. Concrete sidewalk on Harbor Island Drive is integral colored concrete and shall be replaced in kind and included with this bid item. Item No. 5 Remove Parkway: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing parkway hardscape (concrete, brick, pavers, etc.), grading and backfilling the parkway with Class A topsoil to grade following removal of the parkway, restoration of all existing improvements impacted or damaged by the work, and all other work items as required to complete the work in place. Item No. 6 Remove and Construct Type "A" Concrete Curb and Gutter: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" PCC curb and gutter per CNB STD 182, 24" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, and all other work items as required to complete the work in place. Item No. 7 Remove and Construct 6-Inch Concrete Driveway Approach: Work under this item shall include, but not be limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD 160, CNB STD 162, CNB STD 163, and CNB STD 164, 24" wide x 12" deep A.C. patch back, steel plating, and all other work items as required to complete the work in place. Measurement for payment area of the driveway approach shall be in plan view, and include all PCC walkway and curb and gutter surfaces contained within and including the bounds of the driveway wing "top of V as well as all private driveway concrete paving required to join existing private improvements. Concrete driveway approaches on Harbor Island Drive are integral colored concrete and shall be replaced in kind. Item No. 8 Remove and Construct 6-Inch Concrete Alley Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing, and disposing existing improvements associated with concrete alley removals, grading and compacting subgrade, placing and compacting crushed miscellaneous base, and constructing P.C.C. alley per CNB STD 140 and CNB STD 142, steel plating, and restoring all improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 9 Remove and Construct 8-Inch Concrete Cross Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete cross gutter and spandrels, grading and compacting subgrade, placing and compacting crushed miscellaneous base, installing smooth galvanized steel bars, constructing concrete cross gutter per CNB STD 185, constructing asphalt concrete slot paving adjacent to cross gutter, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Page SP 12 of 24 Item No. 10 Remove and Construct Concrete Access Ramp: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing concrete sidewalk, curb and gutter, removing any roots, grading and compacting subgrade, removing asphalt slot next to gutter, constructing concrete access ramps per CNB STD 181 Sheet 1 to 3, and any applicable plan modifications, paving asphalt slot patch, restoring all existing improvements damaged by the work, modifying landscape and irrigation to match limits of new ramp, and all other work items as required to complete the work in place. Item No. 11 Remove Existing and Construct Catch Basin Cover, Lid, and Portion of Local Depression: Work under this item shall include all labor and materials relating to the removal of the existing catch basin cover, lid and portion of existing local depression as required for catch basin improvements; protection of the remaining catch basin (including vertical reinforcement); reconstruction of catch basin cover, lid and portion of existing local depression; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 12 Remove Existing Concrete Pad and Parking Post Foundation: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing concrete pad and parking post foundation in the Bayside Park Parking Lot and Old School Park Parking Lot, grading and backfilling the removal areas with Class A topsoil to grade, restoration of all existing improvements impacted or damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Remove Concrete Parking Post Foundation: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing concrete parking post foundations in the Old School Park Parking Lot, compacting subgrade, grading and backfilling the removal areas with Class A topsoil to grade, restoration of all existing improvements impacted or damaged by the work, and all other work items as required to complete the work in place. Item No. 14 Prune/Shave Tree Roots: Work under this item shall include, but not limited to, all labor and materials relating to root pruning/root shaving and disposing per Section 308-1, removing and disposing of excess soil, incidental import soil required to bring grades up to subgrade level, reviewing trees identified on the Work Schedule (see Appendix A) by ISA Certified Arborist, and all other work required to complete the work in place. This shall include all work for clearing and grubbing roots that are found in all concrete replacement areas. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 15 Tree Removal, Stump Grinding and Parkway Restoration: Work under this item shall include, but not limited to, all labor and materials relating to posting tree removal signs on each tree slated for removal; removing and disposing of trees, roots to a minimum depth of 18-inches below ground surface by stump grinding, and Page SP 13 of 24 soil; adjusting surface grade to match adjacent improvements and include complete grading of parkway to level with sidewalk for entire length of parkway; removing all wood chips and debris from tree removal process, making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod, and other private improvements to preconstruction conditions; restoring the ground surface to a new level surface that matches surrounding area and all other work items as required to complete the work in place. This bid item includes a trunk size up to 31- inch diameter at breast height. Trees which have not been preselected by the City for removal may take up to ten working days to process and formally approve for removal per Section 308-1. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. The quantities of this bid item are subject to change based on the recommendations of the Arborist report. Item No. 16 Large Tree Removal, Stump Grinding and Parkway Restoration: Work under this item shall include, but not limited to, all labor and materials relating to posting tree removal signs on each tree slated for removal; removing and disposing of large trees, roots to a minimum depth of 18-inches below ground surface by stump grinding, and soil; adjusting surface grade to match adjacent improvements and include complete grading of parkway to level with sidewalk for entire length of parkway; removing all wood chips and debris from tree removal process, making repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, providing and installing sod, and other private improvements to preconstruction conditions; restoring the ground surface to a new level surface that matches surrounding area and all other work items as required to complete the work in place. This bid item includes a trunk size larger than 31-inch diameter at breast height. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. The quantities of this bid item are subject to change based on the recommendations of the Arborist report. Item No. 17 Provide ISA Certified Arborist: Work under this item shall include, but not limited to, retaining an ISA Certified Arborist for the purpose of assessing tree condition for all locations identified on the Work Schedule (see Appendix A). The Contractor's arborist shall provide written documentation on the condition of each tree and provide pruning recommendations to the Contractor. Following the Arborist's report, concrete work around the trees may be modified or eliminated from the contract by the Engineer. Item No. 18 Remove and Replace Utility Boxes and Covers: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing utility box; furnishing and installing new utility box and cover per CNB STD 204 for street lights, CNB STD 502 and CNB STD 503 for water meters, and per CNB STD 406 for sewer clean outs; reconnecting existing wiring, restoring adjacent areas; and completing all other items as required to restore system operations that were damaged by the work. Work under this item shall include coordination with Southern California Gas Company, Cable Television and Telephone companies Page SP 14 of 24 including requesting new boxes from cable or telephone companies when required and repairing concrete around utility boxes. Location of utility box and cover removals and construction shall be directed by the Engineer during construction. Item No. 19 Restore Public and Private Improvements: Work under this item shall include, but not limited to, all labor and materials relating to making in -kind repairs to public and private improvements impacted by the work, such as traffic signs, irrigation systems, sprinkler heads, bricks, pavers, plants, shrubs, decorative stones, walls, walks, fences, mailboxes, sod, seeding, 90 day plant establishment phase, synthetic turf, including replacing synthetic turf, modifying synthetic turf base, joining synthetic turf panels, painting red curb and other private improvements to preconstruction conditions or better to the satisfaction of the Engineer, and all other work items as required to complete the work in place. Item No. 20 Remove Existing Improvements and Construct 4-Inch Thick Concrete Sidewalk at Ensign Intermediate School: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing improvements and/or soil, compacting subgrade, constructing 4-inch thick minimum concrete sidewalk and retaining curb per CNB STD 180 and exhibits in Appendix B, adjusting sidewalk to grade to match adjacent improvements and all other work items as required to complete the work in place. Item No. 21 Remove Existing Improvements and Construct 4-Inch Thick Concrete Sidewalk at Corona del Mar High School: Work under this item shall include, but not be limited to, all labor and materials relating to removing and disposing of the existing improvements and/or soil, compacting subgrade, constructing 4-inch thick minimum concrete sidewalk and retaining curb per CNB STD 180 and exhibits in Appendix B, adjusting sidewalk to grade to match adjacent improvements and all other work items as required to complete the work in place. Contractor shall take specific care to existing gas line located in the work area. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Page SP 15 of 24 Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-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. SECTION 203 — BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course and leveling course shall be Type III-C3-PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III-B2-PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. Page SP 16 of 24 214-6.3 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. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2 '/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. 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. Page SP 17 of 24 Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed from existing joint to existing joint. Alternatively, with prior approval from the Engineer, existing concrete may be neatly sawed to form straight edges to join proposed concrete improvements. Saw cuts on concrete surfaces shall be a minimum of two (2) inches deep. Saw cuts on asphalt pavement shall be full depth. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. All saw -cutting operations must be done in a clean manner with wet vacuum and cleaned before sawcutting paste and debris dries. Contractor is responsible for cleaning all residue and debris from the saw -cutting operation on the same day of saw -cutting. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Page SP 18 of 24 303-5.1 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. Contractor shall provide field survey elevations twenty (20) feet on either side of the proposed concrete improvements along the flowline to confirm positive drainage. If positive drainage is not attainable, Contractor shall notify the Engineer prior to completing the concrete improvements. Concrete replacement shall extend from existing joint to existing joint. 303-5.4 Joints 303-5.4.1 General The Contractor shall sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches. 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. The Contractor shall repaint any red curb that is damaged or removed. The curb shall be repainted to match the original red curb lengths." Red Paint shall be "Red Fast Dry", Product Code 181 manufactured by American Traffic Products, Inc. or approved equal. Paint can be purchased by contacting Scott Givens, Roadline Products, 562-404-8889. The Contractor shall repaint any blue curb that is damaged or removed. The curb shall be repainted to match the original blue curb lengths. Curb marking shall be reinstalled within 48 hours from re -pouring of concrete curbs. Contractor shall place Temporary No Parking ANYTIME signs on barricades where red curb marking has been removed and maintain the signs until the curb marking has been replaced. Page SP 19 of 24 303-7 COLORED CONCRETE 303-7.1 General Delete the first sentence and replace with the following: Colored concrete shall be produced by Method B (Integral Color) as described in Section 303-7.3. SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924 for typical sign installation. Signs shall be reinstalled within 72 hours of removal. Regulatory signs, including but not limited to "STOP", "YIELD", Lane Designation and/or "No Parking" signs, shall be installed on barricades and placed where the removed sign was installed. Contractor shall maintain the temporary sign(s) until the sign(s) are reinstalled. Temporary "No Parking" signs, printed with specific information regarding the no parking zone, may temporarily replace removed "No Parking" signs. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other Page SP 20 of 24 alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, a traffic control plan showing typical closures and detour plan(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. For all work adjacent to Corona del Mar High School and Ensign Intermediate School, the Contractor shall submit a traffic control plan showing typical closures. For all work located on Bayside Drive, traffic control plans shall be prepared by a California licensed traffic engineer and flag persons shall be present for the duration of the work. Typical closures shall conform to the provisions of the WORK Page SP 21 of 24 AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. 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. 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. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION Page SP 22 of 24 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its ISA Certified Arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City Arborist at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruninq a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. Page SP 23 of 24 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page SP 24 of 24 I