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HomeMy WebLinkAboutC-9379-1 - Street Pavement Repair Program (FY 2022-23 and 2023-24)4/30/24, 3:22 PM Batch 17363602 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 II I I II III I III I I I II II I 1�1111NO FEE *$ R 0 0 1 4 9 2 0 6 9 8 $ * 2024000107797 3:17 pm 04/30124 227 403A 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 Hardy & Harper, Inc., Lake Forest, California, as Contractor, entered into a Contract on November 14, 2023. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program (FY2022-23 and FY2023-24) - C-9379-1 Work on said Contract was completed, and was found to be acceptable on April 23, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY Public Works irector I pwYE v�reat3 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. /�- Executed on fT , at Newport Beach, California. hftps://gs.secure-erds.com/Batch/Confirmation/17363602 2/15 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 Hardy & Harper, Inc., Lake Forest, California, as Contractor, entered into a Contract on November 14, 2023. Said Contract set forth certain improvements, as follows: Street Pavement Repair Program (FY2022-23 and FY2023-24) - C-9379-1 Work on said Contract was completed, and was found to be acceptable on April 23, 2024, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. l BY Public Works ir`ector D City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. j Executed on bri I at Newport Beach, California. r City Clerk - I H u N4L _1P0 RN% v r c� CITY OF NEWPORT BEACH V 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 19th day of October. 2023, at which time such bids shall be opened and read for STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 $1,600,000 Engineer's Estimate Approzz James M. Houlihan puty PWDICity Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/Dortal.cfm?CompanylD=22078 Hard copy plans are available via (Select One) Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Ciassificationis) required for this project: "A" For further Information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httos://www.newi)ortbeachca,gov/aovernmen /data-hub/online-services/bids-rfps-vendor- mistration City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS......................................................................................3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................... I............... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR-1 SPECIALPROVISIONS............................................................................................ SPA 2 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 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 Cleric'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, 211 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. 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 Cleric's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4, The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 10 No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]_ 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 215952 A, C-8 & C 12 ('- Contractor's License No. & Classification Au uze nature/Title ichael array, Vice President 10000000076 06/30/2024 October 13,2023 DIR Registration Number & Expiration Date Date Hardy & Harper, Inc. Bidder 5 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFIDAVIT 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 Contractors 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. Hardy & Harper, Inc. Bidder Auth ed SitfJre/Title Michael ay, Vice President City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name Hardy & Harper 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 Ramon Road Resurfacing & Trinity Circle Drainage Improvements Project Description Cold Plane PCC HMA, Signage, Striping & Marking Approximate Construction Dates: From September 2022 To: November 2022 Agency Name County of Riverside Contact Person Hector Davila Telephone ( ) 951/955-6780 Original Contract Amount $1,926,00OFinal Contract Amount $1 534,041.28 If final amount is different from original, please explain (change orders, extra work, etc.) Quantities Billed 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. N/A 10 No. 2 Project Name/Number Cactus Avenue & Other Roads Project Description Cold Plane, HMA, ARHM, PCC, Utility Adiusting, Striving & Marking Approximate Construction Dates: From April 2022 To: June 2022 Agency Name San Bernardino County Contact Person Carlos Seanez Telephone ( ) 909/387-7945 Original Contract Amount $ 749,000 Final Contract Amount $ 691,117.56 If final amount is different from original, please explain (change orders, extra work, etc.) Quantities Billed 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. N/A No. 3 Project Name/Number Residential Street Pavement Rehabilitation Proiect, Area 10 Project Description Cold Mill, HMA, ARHM, Crack Seal, PCC, Striping Approximate Construction Dates: From January 2022 To: April 2022 Agency Name City of Downey Contact Person Desi Gutierrez Telephone( ) 562-904-7110 2,355,000 . R2 Original Contract Amount $ Final Contract Amount $?.-%-897.38 If final amount is different from original, please explain (change orders, extra work, etc.) Cha]39C Qrder 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 Street Improvements at Various Locations Project Description PCC, Cold Mill, AC Paving, Utility Adjusting, Loops & Striping Approximate Construction Dates: From July 2021 To: September 2021 Agency Name City of Hermosa Beach Contact Person - Romany Basilyous Telephone { ) 310/318-0263 Original Contract Amount $815.000 Final Contract Amount $ 922.366.48 If final amount is different from original, please explain (change orders, extra work, etc.) ChanLye Order Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 5 Project Name/Number The Avenues Pavement Rehabilitation SB-1 Project Project Description Slurry Seal, Paving, AC Dike, PCC, CPM Storm Drain, Striping Approximate Construction Dates: From September 2021 To: October2021 Agency Name City of Lake Elsinore Contact Person Carlos Norvani Telephone ( 951 /674-3124 Original Contract Amount $1,199,off inal Contract Amount $1,213,876.98 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order 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 2017-18 Pavement Rehabilitation Project Description PCC, Cold Mill, HMA, ARHM, Loop, Striping Approximate Construction Dates: From April 2021 To: June 2021 Agency Name City of Hemet Contact Person Crustal Robinson Telephone ( ) 951/765-2348 Original Contract Amount $1,786,000Final Contract Amount $ 1,854,760,44 If final amount is different from original, please explain (change orders, extra work, etc.) hange Order 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. / Hardy & Harper, Inc. Bidder 13 y,,Y'ice President City of Newport Beach STREET PAVEMENT REPAIR PROGRAM WY 2022-23 AND FY 2023-24) Contract No. 9379-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Michael Murray being first duly sworn, deposes and says that he or she is Vice President of Hardy & Hamer. 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 California that tip °regoing is true and correct. Hardy & Harper, Inc. Bidder Authorif Michael Subscribed and sworn to (or affirmed) befor a on thi by satisfactory evidence to be the person(s) who I certify under PENALTY OF PERJURY under the laws of paragraph is true and correct. [SEAL] 14 Vice President day of 2023 proved to me on the basis of me. Notary Public of California that the foregoing My Commission CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 (See Attached Document (Notary to cross out lines 1-6 below) o See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 2------------- --------------------------- ------------------ 3--------------- - - - - - - - - - - - -- - - - - - - - - Signature of Document Signer No. 1 Signature bf-Qocument Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ` `AARiE AYALA Notary Public - California l Los Angeles County Commission+73t4431; Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this 13th day of October , 20 23 by Date Month Year (1) Michael Murray (and (2) ). Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of kotary Public - -1 Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: C2019 National Notary Association Number of Pages: City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 DESIGNATION OF SURETIES Bidder's name Hardy & Harper. 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): Fidelity and Deposit Company of Maryland (213)270-066 777 S. Figueroa Street, Los Angeles, CA 90017 Commercial Surety Bond Agency (714)516-1232 1411 N. Batavia Street, #201, Orange, CA 92867 The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400, Irvine, CA 92614 15 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Hardy & Harper, 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 2023 No. of contracts 252 474 500 1 499 539 449 2,713 Total dollar Amount of $88,129, $496,634, Contracts (in Thousands of $ $45 000, $108,429 $71,824, $98,388, $84,864 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 4 3 0 4 1 12 No. of lost workday cases 0 0 0 0 0 involving 0 0 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Hardy & Harper, Inc. 32 Rancho Circle, Lake Forest, CA 92630 714-444-1851 215952 A, C-8 & C 12 Title Corporation The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Kristen Paulino, Corporate Secretary 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 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 j County of Orange Jr On October 13, 2023 before me, Marie Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray and Kristen Paulino 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. \ Notary Public - California Los Angeles County Commission # 2319435 My Comm. Expires Feb 16, 2024 Place Notary Seal andlor Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �Z t4 Signature of NEitory Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General o Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Cl Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: City of Newport Beach STREET PAVEMENT REPAIR PROGRAM FY 2022-23 AND FY 2023-24 Contract No. 9379-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name IIardy & Harper, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature Nor�E 18 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 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: Hardy & Harper, Inc. Business Address: 32 Rancho Circle, Lake Forest, CA 92630 Telephone and Fax Number: 714 - 444 - 1851 / 714 - 444 - 2801 California State Contractor's License No. and Class: 215952 A, C-8 & C12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 3/13/1963 Expiration Date: 12/31/2023 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Mike Amundson Senior Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Daniel Maas - President - 32 Rancho Circle, Lake Forest, CA - (714) 444-1851 Michael Murray - Vice President - 32 Rancho Circle, Lake Forest, CA - (714) 444-1851 Tanner Hambright - Vice President - 32 Rancho Circle, Lake Forest, CA - (714) 444-1851 Kristen Paulino - Corporate Secretary - 32 Rancho Circle, Lake Forest, CA - (714)444-1851 Corporation organized under the laws of the State of California 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. No Have you ever failed to complete a project? If so, explain. No For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor 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) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. Daniel Maas - President (Print name of Owner qqr President of Corporation/ComarrO Hardy & Harper, Inc. . Bidder Authorized M satisfactory ev} acknowledged t by his/her/their <. acted, executed Michael Title Vice President October 13 2023 Date before me, , Notary Public, personally appeared who proved to me on the basis of nce to be the person(s) whose name(s) is/are subscribed to the within instrument and me that he/she/they executed the same in his/her/their authorized capacity(ies), and that knature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 1$ instrument. I certify under PEN4TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and korrect. WITNESS my hand and kfficial seal. Notary Public in and for said My Commission Expires: RE (SEAL) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l County of Orange J} On OCT . 13, Z02.75 before me, Marie Ayala. Notary Public Date Here Insert Name and Title of the Officer ,vt personally appeared t" I I G1 A,EL M URRh�I 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. 4 N0t3rV Dobitt � +;.dllf,7nl.3 Tj Los Angeles County y Commissicn C 211943`. o� {., 'c n— txr-es let ' _ 2024 J Place Notary Seal and!or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature VOL/L4 Signature of N tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer- Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: s *fie x ,t„,;:��, A,x .::_w e,, a,, .,: .c "�-,[ 2019 National Notary Association City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 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 Vli (or larger) in accordance with the latest edition of Bests Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 SAMPLE CITY CONTRACT 23 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 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. 9379-1 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: October 13 2023 HAROy d- I+ARFER, INC. Date Bidder 714-444-15> 1 714-444-2801 Bidder's Telephone and Fax Numbers 215952 A. C-8 R C-12 Bidder's License No(s), and Classification(s) 1000000076 DIR Registration Number Bidder's Authorized -Signature and Title Michael MurrayeVice President 32 Rancho Circle, Lake Forest, CA 92630 Bidder's Address Bidder's email address: mmurray(dhardN�andharper.coni am 8/16/23, 10:41 AM Registrations Contractor Information Registration History„_ Legal Entity Name Effective Date Expiration Date i HARDY & HARPER INC. 06/15/18 06/30/19 Legal Entity Type Corporation - _ - 05/09/17 -w - - 06/30/18 j Status 06/08/16 06/30/17 jActive —.__—......--.---_.._...._.._...._._-^ Registration Number 06/19/15 06/30/16 1000000076 Reglstratlon effective date 07/02/14 _ 06/30/15 07/01/23 I i i ti d t 07/01/19 06/30/20-._..-.._.. i Reg strat on exp re on e e j 06/30/24 1 Mailing Address { 32 Rancho Circle Lake Forest 92630 CA United State... Physical Address 32 Rancho Circle Lake Forest 92630 CA United State... Email Address I cicamen@hardyandharper.com I Trade Name/DBA License Number (s) CSLB:215952 CSLB:215952 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agucy for Service: Agent of Service Name: ! Agent of Service Mailing Address: Worker's Compensation �07/01/20 06/30/21_-''- -07/01/21 —_06/30/22 - 07/01/22 06/30/23 07/01/23 06/30/24 i C0443071 952251022 Dan T. Maas Michael Murray Kristen Paulino i i i Dan T. Maas 32 Rancho Circle Lake Forest 926301CA United States of America - - .._... ----.._..... .. ........ — - Do you lease employees through Professional Employer Organization (PEO)?: Please provide your current worker's compensation insurance information below- PEO PEO PEO PEOlnformationName Phone Email Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: No & Harper, Inc. General Insurance Corporation '26115 hitps://cadir.my.salesforce-sites.com/ConIractorSearch/registratianSearchDetaiIs?id=a.1 RSy0000018exBEAQ 1/1 STATENTCTORS LICENSE BOARD ACTIVE LICENSE k.�r... 215952 E CORP .�....»..» HARDY & HARPER INC � ..,., A C-8 C 12 hrm .m.....,a.. 12/31/2023 www.cslb -9.aov MINUTES OF THE SPECIAL MEETING OF HARDY & HARPER, INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January, 2021, at l 1:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two Vice -Presidents of the Company Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S. PAULINO TESSA MARS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice -President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. y DATED: January Lf -, 202 " I DANML. MAAS, Director/President '/JSTEN P ULINO, Director/Secretary r SSA MAA9, Director Hsirdv & Harner_ Inc- Past Prniect References OWNERIAGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of San Gabriel Alain Mai CDBG Street Improvements Project FY 22/23 425 S. Mission Drive (626) 308-2825 Contract Amount: $490,000.00 San Gabriel, CA 91776 arnai@sgch.org Com letion Date: March 2023 City of Fullerton Rafael Chavez Residential Street Rehabilitation 303 West Commonwealth Avenue (714) 932-7506 Contract Amount: $1,204,780.00 Fullerton, CA 92832 rafacl.chavezOcityoffullerton.com Com letion Date: February 2023 City of Moreno Valley Quang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21122 14177 Frederick Street (951) 413-3159 Contract Amount: $2,444,260.00 Moreno Valley, CA 92552 uan ovaI.or Completion Date: December 2022 City of Grand Terrace Kamran Dadbeh Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave 22795 Barton Road (909) 824-6621 Contract Amount: $570,000.00 Grand Terrace, CA 92313 kdadbeh andterrace-ca. ov Completion Date: September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 11111 Brookshire Avenue (562) 904-7110 Contract Amount $2,875,000.00 Downey, CA 90241 utierrdown ca.or Completion Date: June 2022 City of Orange Youichi Nakagawa Prospect & Spring Right Turn Lane Modification Project 300 E. Chapman Avenue (714) 744-5572 Contract Amount: $920,000.00 Orange, CA 92866 ynakagawaityofbrange.orgCompletion Date: June 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818) 898-1243 Contract Amount: $465,000.00 San Fernando, CA 91340 mfabiansfci .org Completion Date: May 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 10 I I I I I Brookshire Avenue (562) 904-7110 Contract Amount: $2,355,000.00 Downey, CA 90241 d utierr down ca.or Completion Date: April 2022 City ofJurupa Valley Desiree Flores 2021-22 CDBG Old Mira Loma Pavement Rehabilitation Project 8930 Limonite Avenue (951) 332-6464 Contract Amount: $810,000.00 Juru a Valley, CA 92509 dflores 'uru avalle .o Completion Date: April 2022 City of Anaheim Lorenzo Rea Residential Street Improvement Project - Lotus & Torry, Group 13 200 S. Anaheim Blvd (714) 765-6893 Contract Amount: $5,806,000.00 Anaheim, CA 92805 Irea anaheim.net Completion Date: March 2022 County of Riverside Hector Davila Fisher Street Resurfacing Project 3525 14th Street (951) 955-6885 Contract Amount: $785,560.00 Riverside, CA 92501 hedavil ivco.or Com letion Date: February 2022 City of Chino Hills Carl Hassel Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909) 364-2817 Contract Amount: $408,000.00 Chino Hills, CA 91709 chassei chinohills.or Completion Date: December 2021 Los Angeles County Peter Sanque Pavement Reconstruction (Sustainable) North LA County 900 S. Fremont Avenue (661) 947-7173 Contract Amount: $1,873,929.57 Alhambra, CA 91803 sanue w.lacoun ov Completion Date: November 2021 City of Loma Linda Jarb Thaipejr Pavement Rehab. on Barton Rd, Bryn Mawr & Orange Grove 25541 Barton Road (909) 799-2800 Contract Amount: $462,590.00 Loma Linda, CA 92354 Thai e r lomalinda-ca. ov Completion Date: November 2021 City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951) 270-5607 Contract Amount: $785,000.00 Norco, CA 92860 snelson@ci,norco.ca.us Com Ietion Date: Se tember 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N. Irwindale Avenue (626) 430-2259 Contract Amount: $544,311.93 Irwindale, CA 91706 1 imentel irwindaleca. ov Completion Date: May 2021 City of Brea Steve Kooyman Imperial Highway I Berry St. Intersection Improvements 1 Civic Center Circle (530) 318.1066 Contract Amount: $579,648.80 Brea, CA 92821 skooymanainterwestgrp.com Completion Date: M!X 2021 City of Colton Jess Sotto FY 20-21 Asphalt Paving Project 650 N. La Cadena Drive (909) 370-5551 Contract Amount: $2,695,493.64 Colton, CA 92324 'sotto coltonca. ov Completion Date: May 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E. Olive Avenue (818) 238-3946 Contract Amount: $1,253,099.98 Burbank, CA 91502 asalehi burbankea. ov Completion Date: April 2021 Harriv Z Aarnar_ Inc_ Pact Praiect References OWNER/AGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II (Rebid 2) 300 West Third Street (805) 385-8280 Contract Amount: $6,550,000.00 Oxnard, CA 93030 renee.hatcher xnarca.or Completion Date: November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951) 413-3100 Contract Amount: $4,090,364.90 Moreno Valley, CA 92552 urchasin division moval.or Completion Date: November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,000.00 Cypress, CA 90630 abangean(a)cypressca.org Completion Date: August 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Contract Amount: $1.451,000.00 Banning, CA 92220 avela bannin ca. gov Completion Date: March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East "B" Street (909) 395.2012 Contract Amount: $4,261,000.00 Ontario, CA 91764 purchasing@ontadoca.gov Completion Date: October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N. Garfield Avenue (626) 744-7403 Contract Amount: $2,424,216.00 Pasadena, CA 91101 tanQcitvofbasadena.net Completion Date: April 2019 City of Downey Edwin Norris CIP No. 18-02 Residential Street Rehab. Project I 1 111 Brookshire Avenue (562) 904-7110 Contract Amount: S 1,808,000.00 Downey, CA 90241 enorris@downeyra.org March 2019 City of Westminster Marwan N. Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714) 548-3460 Contract Amount: $1,452,000,00 Westminster, CA 92683 ve'ohnson wesminster-ca. ov Completion Date: February 2019 City of San Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S. San Jacinto Avenue (951) 654-3592 Contract Amount: $1,818,000.00 San Jacinto, CA 92583 1(661) kristy@trilakeconsultants.com Com letion Date: January 2019 City of Lancaster Luis Garibay 2018 Sidewalk, Curb & Gutter Repairs 44933 Fern Avenue 723-6110 Contract Amount: $1,976,000.00 Lancaster, CA 93534 lgaribay@cityoflancaster.org Completion Date: December 2018 City of Diamond Bar Jason Williams Residential & Collector Road Rehabilitation Project 21810 Copley Drive (909) 839-7050 Contract Amount: $1,551,000.00 Diamond Bar, CA 91765 Williams-diamondbarca. ov Completion Date: December 2019 City of Tustin Mario Medina FY 2017-18 Roadway Rehab. & Sidewalk Repair 300 Centennial Way (949) 394-8955 Contract Amount: $1,575,125.00 Tustin, CA 92780 mtnedina@tustinca.org Completion Date: October 2018 City of Fountain Valley Fatana Temory Resurface & Rehab. of Euclid St from Slater to Warner 10200 Slater Avenue (714) 5934433 Contract Amount: $1,077,000.00 Fountain Valley, CA 92708 fatana.temo fountainvalle .or Completion Date: September 2018 City of Pomona Public Works Major Street Improvements 505 South Garey Avenue (909) 620-2261 Contract Amount: $3,839,000.00 Pomona, CA 91766 wen ineerin ci. mona.ca.us Completion Date: August 2018 City of Rancho Palos Verdes Ron Dragoo Residential Street Rehabilitation Project 30940 Hawthorn Blvd (310) 544-5252 Contract Amount: $2,227,000.00 Rancho Palos Verdes, CA 90275 olek lch.ca. ov Completion Date: May 2018 City of Burbank Artin Mergerdichian Local/Residential Street Improvement Project 301 E. Olive Avenue (818) 238-3800 Contract Amount: $5,333,000.00 Burbank, CA 91502 amer erdichian burbankca. ov Completion Date: May 2018 City of Covina Chris Marcarello Grand Ave. Street Rehabilitation No. STPL-5118(020) 125 E. College Street (626) 384-5490 Contract Amount: $3,030,000.00 Covina, CA 91723 pwpcovinaca.gov Completion Date: May 2018 City of Lancaster Luis Garibay 2017 Pavement Management Program 17-003 44933 Fern Avenue (661) 723-6110 Contract Amount: $2,727,000.00 Lancaster, CA 93534 Igaribay@cityoflancaster.org Completion Date: April 2018 City of Dana Point Matthew Sinacori Arterial Roadway Resurface & Pavement Preservation 33282 Golden Lantern (949) 248-3500 Contract Amount: $3,993,000.00 Dana Point, CA 92629 msinacoridana oint.or Com letion Date: January 2018 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET REPAIR PROGRAM (FY 2022-23 AND FY2023-24) PROJECT NO. 24R03 CONTRACT NO. 9379-1 PART 1 - GENERAL PROVISIONS 1 SECTION 1—TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION 1 1 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 5 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 6-1.1 Construction Schedule 6 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 8 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 8 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 8 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-8 WORK SITE MAINTENANCE 8 7-8.1 General 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 13 PART 2 - CONSTRUCTION MATERIALS 13 SECTION 200 — ROCK MATERIALS 13 200-2 UNTREATED BASE MATERIALS 13 200-2.1 General 13 SECTION 203 — BITUMINOUS MATERIALS 13 203-6 ASPHALT CONCRETE 13 203-6.5 Type III Asphalt Concrete Mixtures 13 203-11 ASPHALT RUBBER HOT MIX (ARHM) 13 203-11.3 Composition and Grading 13 SECTION 214-TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 14 214-4 PAINT FOR STRIPING AND MARKINGS 14 214-4.1 General 14 214-6 PAVEMENT MARKERS 14 214-6.3 Non -Reflective Pavement Markers 14 214-6.3.1 General 14 214-6.4 Retroreflective Pavement Markers 14 214-6.4.1 General 14 PART 3 - CONSTRUCTION METHODS 14 SECTION 300 - EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 14 300-1.3.1 General 14 SECTION 302 - ROADWAY SURFACING 15 302-1 COLD MILLING OF EXISTING PAVEMENT 15 302-1.1 General 15 302-1.7 Work Site Maintenance 15 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General 302-5.4 Tack Coat 302-5.8 Manholes (and Other Structures) 15 15 16 16 SECTION 314—TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 16 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 16 314-2.1 General 16 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 16 314-4.1 General 16 314-4.2 Control of Alignment and Layout 16 314-4.2.1 General 16 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 17 314-4.4.1 General 17 314-5 PAVEMENT MARKERS 17 314-5.1 General 17 PART 6 - TEMPORARY TRAFFIC CONTROL 17 SECTION 600 - ACCESS 17 600-1 GENERAL 17 600-2 VEHICULAR ACCESS 18 600-3 PEDESTRIAN ACCESS 18 SECTION 601— WORK AREA TRAFFIC CONTROL 18 601-1 GENERAL 18 601-2 TRAFFIC CONTROL PLAN (TCP) 18 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 19 SECTION 700 — MATERIALS 19 700-5 TRAFFIC SIGNAL MATERIALS 19 700-5.8 Detectors 19 SECTION 701— CONSTRUCTION 19 701-17 TRAFFIC SIGNAL CONSTRUCTION 19 701-17.6 Detectors 19 701-17.6.3 Inductive Loop Detectors 19 PARTS - LANDSCAPING AND IRRIGATION 20 SECTION 800 - MATERIALS 20 800-1 LANDSCAPING MATERIALS 20 800-1.1 Topsoil 20 800-1.1.1 General 20 SECTION 801- INSTALLATION 20 801-1 GENERAL 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS STREET REPAIR PROGRAM (FY 2022-23 AND FY2023-24) PROJECT NO. 24R03 CONTRACT NO. 9379-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R-7031-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 21 At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. The Contractor is required to demonstrate their experience and ability to complete similar asphalt pavement projects for public agencies and shall have been engaged in similar asphalt repair 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 tons of asphalt paving (grand total of all paving projects in 5 years) 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. Failure to list the Surveyor 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: • Distribute construction notices to affected businesses and residents • Provide surveying services • Provide traffic control plans for all work locations • Establish traffic control for construction • Implement BMP plan • Coldmill existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete roads • Lower and adjust manholes • Remove and install new water valve boxes and survey monuments • Removing nuisance tree roots • Install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers • Coordinate with outside utility owners to have their facilities repaired and/or raised to grade • Other incidental items as required by Plans and Specifications • Provide as -built drawings Page SP2of21 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: Prior to any demolition work, the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup Page SP3of21 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 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. Page SP4of21 SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes and utility boxes within paving area shall be temporarily lowered. The Contractor shall procure and install slip cans for all water valves to ensure access to the water valves at all times. Upon completion of paving operation, manholes and utility boxes shall be permanently adjusted to finish grade and all water valve slip cans shall be delivered to the City's Utilities Department. The Contractor shall adjust all temporarily lowered manholes and utility boxes to the new finished grade within five (5) calendar days of completing the AC finished course. 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. Page SP5of21 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. The Contractor shall commence work on or prior to January 8, 2024. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on [date]. Normal working hours are limited to 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. For those locations where night work is allowed in order to minimize disruption to the community, the following requirements shall apply: A. Night work hours shall be from 7:00 p.m. to 12:00 a.m., Sunday night through Friday morning. No work is allowed Friday or Saturday nights. B. The Engineer must approve all requests for night work. Page SP6of21 C. The Contractor shall notify the Engineer two weeks prior to the start of any requested night work. The night work location is at the intersection of Jamboree Road and University Drive, this location is near homes and also on a very busy intersection. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 It (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 at the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. Page SP7of21 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. 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 Page SP8of21 7-8.1 General All vandalism, including graffiti, at the work site shall be removed by the Contractor within 24 hours. 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and backcharging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. Page SP9of21 7-10.4 Safety 7-10.4.1 Work Site Safety The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited Page SP 10 of 21 to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. 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, 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. 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, providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K-rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping and markers, removing or relocating street signs and posts, installing temporary and permanent pavement striping, markings and markers, installing street signs and posts, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Cold Mill 2-Inch Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. This item includes the removal and disposal of glass grid pavement reinforcement layer on Bayside Drive between El Paseo Drive and Jamboree Road. Item No. 6 Cold Mill 5-Inch Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, constructing temporary asphalt concrete ramps along milled edges, hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. 7 Cold Mill 6-Inch Asphalt Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for cold milling the asphalt concrete pavement, cold milling any additional rock base and/or native material\ found in existing, constructing temporary asphalt concrete ramps along milled edges, Page SP 11 of 21 hauling and disposing the milled material offsite, and all other work items as required to complete the work in place. Item No. 8 Place 3-Inch Asphalt Concrete Base Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete base course and all other work items as required to complete the work in place. Item No. 9 Place 4-Inch Asphalt Concrete Base Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete base course and all other work items as required to complete the work in place. Item No. 10 Place 2-Inch Asphalt Concrete Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the asphalt concrete finish course and all other work items as required to complete the work in place. Item No. 11 Place 2-Inch Asphalt Rubberized Hot Mix (ARHM) Finish Course: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for applying a tack coat, spreading and compacting the ARHM finish course and all other work items as required to complete the work in place. Item No. 12 Remove and Install New Water Valve Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing water valve box and cover, temporarily lowering and/or covering the valve to facilitate paving operation, furnishing and installing a new water valve box and cover to grade, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Lower and Restore Survey Monument Box: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for lowering and or removing the existing survey monument box and cover, temporarily lowering and/or covering the survey monument box to facilitate paving operation, installing a new survey monument box and cover to grade, restoring the monument survey ties if the monument was damaged and restored with the county by a licensed surveyor, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 14 Adjust Manhole Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing manhole frame and cover, temporarily lowering and/or covering the manhole to facilitate paving operation, reinstalling existing manhole frame and cover to grade, 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 21 Item No. 15 Remove and Dispose Nuisance Tree Roots: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs relating to root pruning/root shaving of nuisance roots within the existing asphalt pavement per Section 801-1 and disposing per Section 300-1, removing and disposing of excess soil, placing and compacting incidental import soil required to bring grades up to subgrade level, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 16 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. 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). 203-11 ASPHALT RUBBER HOT MIX (ARHM) 203-11.3 Composition and Grading Asphalt rubber hot mix finish course shall be ARHM-GG-C. Page SP13of21 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. 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. 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 Page SP14of21 maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. SECTION 302 - ROADWAY SURFACING 302-1 COLD MILLING OF EXISTING PAVEMENT 302-1.1 General The milled pavement shall be paved with asphalt concrete (base course, leveling course or finish course) on the same day that the cold milling is performed. The limits of work for each working day or night shall extend only as far as both cold milling and placement of asphalt concrete can be completed to assure that no pavement is left milled without placement of asphalt concrete base course, level course or finish course at the end of each work day or night. 302-1.7 Work Site Maintenance In addition to the required motorized street sweepers following the cold milling machine, the Contractor shall provide two (2) additional motorized sweepers for the duration of the grinding and paving operation. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks'/4-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4-inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. PageSP 15of21 302-5.4 Tack Coat Tack coat shall be trackless. 302-5.8 Manholes (and Other Structures) All manholes, water valve boxes, and utility boxes shall be temporarily lowered prior to pavement cold milling. Upon completion of asphalt concrete finish course, the top of manholes, water valve boxes, and utility boxes shall be adjusted to grade to meet the smoothness requirement as specified in 302-5.6.2. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. Temporary painted striping shall be placed within 24 hours of removal. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. Page SP 16 of 21 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. 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. The Contractor shall complete and distribute the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page SP 17 of 21 600-2 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 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. Traffic control plans for areas of high traffic are Bayside Drive which is narrow and will require flagmen, University Avenue which has high traffic impacts and Jamboree Road which is on a large arterial roadway, these locations will require detailed plans and review. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK PageSP 18of21 (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. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 6. 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 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 700 — MATERIALS 700-5 TRAFFIC SIGNAL MATERIALS 700-5.8 Detectors Loop wire shall be Type 2. Loop detector lead-in cable (DLC) shall be Type B. Loop sealant shall be Hot -Melt Rubberized Asphalt Sealant. SECTION 701 — CONSTRUCTION 701-17 TRAFFIC SIGNAL CONSTRUCTION 701-17.6 Detectors 701-17.6.3 Inductive Loop Detectors Page SP 19 of 21 All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days after placement of pavement finish course. PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPING MATERIALS 800-1.1 Topsoil 800-1.1.1 General Topsoil shall be Class A (imported). SECTION 801 - INSTALLATION 801-1 GENERAL The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SIDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The City Arborist will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City Arborist for inspection. Upon inspection, the City Arborist may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. Page SP 20 of 21 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page SP 21 of 21 City of Newport Beach Page 2 of 5 Street Pavement Repair Program (FY 2022-23 and FY 2023-24) (9379-1), bidding on 10/19/2023 10:00 AM (PDT) Printed 10/19/2023 Bid Results Bidder Details w Vendor Name Hardy & Harper, Inc. Address 32 Rancho Circle Lake Forest, California 92630 United States Respondee Morgan Churnock Respondee Title Bid Coordinator Phone 714-444-1851 Email mchurnock@hardyandharper.com Vendor Type CADIR License # 215952 CADIR 1000000076 Bid Format Electronic Submitted 10/19/2023 9:33 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 349539 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C-9379-1 Hardy & Harper, Inc.pdf Bid Submittal C-9379-1 Hardy & Harper, Inc.pdf General Attachment Bid Bond C-9379-1 Hardy & Harper, Inc.pdf Bid Bond C-9379-1 Hardy & Harper, Inc.pdf Bid Bond PlanetBids City of Newport Beach Street Pavement Repair Program (FY 2022-23 and FY 2023-24) (9379-1). bidding on 10/19/2023 1000 AM (PDT) Page 3 of 5 Printed 10/19/2023 Subcontractors Showing 3 Subcontractors Name & Address Desc Case Land Surveying Survey 614 N. Eckhoff Street Orange, California 92868 Interstate Striping Inc. Striping 9784 Poplar Avenue Fontana, California 92335 Pavement Recycling Systems Cold Mill 10240 SAN SEVAINE WAY JURUPA VALLEY, California 91752 License Num CADIR Amount Type L5411 1000001533 $46,000.00 1087140 1000866044 $14,000.00 569352 100003363 $330,000,00 PlanetBids City of Newport Beach Street Pavement Repair Program (FY 2022-23 and FY 2023-24) (9379-1). bidding on 10/19/2023 10:00 AM (PDT) Page 4 of 5 Printed 10/19/2023 Line Items Discount Terms No Discount Item * Item Code Type Item Description Imported Items 1 Mobilization 2 Surveying Services 3 Traffic Control 4 Signing and Striping 5 Coldmill 2-Inch Asphalt Concrete 6 Coldmill 5-Inch Asphalt Concrete 7 Coldmill 6-Inch Asphalt Concrete 8 Place 3-Inch Asphalt Concrete Base Course 9 Place 4-Inch Asphalt Concrete Base Course 10 Place 2-Inch Asphalt Concrete Finish Course 11 Place 2-Inch Asphalt Rubberized Hot Mix (ARHM) Finish Course 12 Remove and Install New Water Valve Box and Cover to Grade 13 Lower and Restore Survey Monument Box 14 Adjust Manhole Frame and Cover to Grade 15 Remove and Dispose Nuisance Tree Roots 16 Prove As -Built Plans UOM CITY Unit Price Line Total Response Comment $1,652,000.00 LS 1 $38,300.00 $38,300.00 Yes LS 1 S33,000.00 $33,000.00 Yes LS 1 S118,000.00 $118,000.00 Yes LS 1 $14,670.00 $14,670.00 Yes SF 6000 S0.88 S5,280.00 Yes SF 67000 S1.47 $98,490.00 Yes SF 140000 $1.66 S232,400.00 Yes TN 1200 $134.00 $160,800.00 Yes TN 3500 $135.00 $472,500.00 Yes TN 2710 $136.00 $368,560.00 Yes TN 40 S665.00 $26,600-00 Yes FA 15 $1,120.00 S16,800.00 Yes EA 22 S1,600.00 S35,200.00 Yes FA 26 $900.00 $23,400.00 Yes LS 1 $3,000.00 $3,000.00 Yes LS 1 $5,000.00 $5,000.00 Yes City of Newport Beach Street Pavement Repair Program (FY 2022-23 and FY 2023-24) (9379-1), bidding on 10/19/2023 11) 00 AM (PDT) Page 5 of 5 Printed 10/19/2023 Line Item Subtotals Section Title Imported Items Grand Total Line Total $1,652,000.00 $1,652,000.00 PlanetBids Bond No. CSBA-25180 City of Newport Beach STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) Contract No. 9379-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount Bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24), Contract No. 9379-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11th day of October 2023. Hardy & Harper. Inc. Name of Contractor (Principal) Autfiori . Signat elTitle Michael urray. Vice President Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 12, 2023 before me, Marie Ayala Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray Nome(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. A a MARIE J- Cai Notary Public - Ca;ifo-•! z v. � Los Angeles Count-, Cammissicn Zzi4 s My Comm. Expires F L Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature IaA,1� Signature of No ary Public Vr 1 IVhIML Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 10/11 /2023 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal MELISSA ANN VACCAROCOMM. #2401942 m Notary Public -California 1 o a .,, �/ ORANGE COUNTY a \✓/ My Comm, Expires May 12.2026 Signatur `mot'=C Q1J (Seal) Melissa Ann Vaccaro Bond No. CSBA-25180 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of Septemberr,A.D. 2023. t "n ar`�isvaitr,i,�•%r4 QQ.PO,d°°si+ws'�w•' io`yn0o,�,'•'y -`-sq`Fa,�y„ y(jU"o.2`'O'4tF eo{Q4oq�o°'�. ATTEST• ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray rice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D. 2023, before the subscriber, a Notary Public ofthe State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison flENEiIIEVEiN.tiAAISONpuaLtG.r— ?w� ti: ' NOTAaYPUBIIC BALTIMORE COUNTY, MD :�'�!",•, pr Z? - � commis ,grk1AR 127, 2U25 �•.in ���+�+"�,,, Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this IIth day of October 2023 „`t„4ldrrl9ly�, �� •� ,yR1rNWU �''`' Q� �NSU I oRq�tisa�'' �` ?" ""SAC.,„k` get Cor» `g%0 r'p,ppls�%t''; f QQ SEAL I " Vn o __ a} SEAL = .0 o _ : STEAL m �ji ili I. 'arru 11,0"`�` tow 'W" aw Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 renortsfclaims(a zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvaGdator.zurichna.com or 410-559-8790 MINUTES OF THE SPECIAL MEETING OF HARDY & HARPER, INC. A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January L , 2021, at 11:00 a.m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MAAS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two Vice -Presidents of the Company Present at the meeting were all of the Directors of the Corporation: DANIEL MAAS KRISTEN S. PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice -President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. DATED: January tj , 2024 DANIEL. MARS, Director/President l J, j- ��SMN P ULINO, Director/Secretary �y s4L— SSA MAA , Director j STREET PAVEMENT REPAIR PROGRAM (FY 2022-23 AND FY 2023-24) CONTRACT NO. 9379-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th day of November, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and HARDY & HARPER, INC., a California corporation ("Contractor"), whose address is 32 Rancho Circle, Lake Forest, CA 92630, 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: Distribute construction notices to affected businesses and residents, provide surveying services, provide traffic control plans for all work locations, establish traffic control for construction, implement BMP plan, coldmill existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete roads, lower and adjust manholes, remove and install new water valve boxes and survey monuments, removing nuisance tree roots, install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers, coordinate with outside utility owners to have their facilities repaired and/or raised to grade, other incidental items as required by Plans and Specifications, provide as -built drawings (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. 9379-1, 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 Six Hundred Fifty Two Thousand Dollars ($1,652,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Kaitlyn Waterbury to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Hardy & Harper, Inc. Page 2 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Hardy & Harper, Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kaitlyn Waterbury Hardy & Harper, Inc. 32 Rancho Circle Lake Forest, CA 92630 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. Hardy & Harper, Inc. Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Hardy & Harper, Inc. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless Hardy & Harper, Inc. Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seg., 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. Hardy & Harper, Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. Hardy & Harper, Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Hardy & Harper, 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: //— 2-ri—el By: ron C. ar �s ity Attorney ATTEST: Date: - • 2�/!� By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By. bah Blom 'Mayor CONTRACTOR: HARDY & HARPER, INC., a California corporation Date: Signed in Counterpart Bv: Michael J Murray Vice President Date: Signed in Counterpart Bv: Kristen S. Paulino Secretary �IrFORN�P [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Hardy & Harper, 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 ATTORNEYS OFFICE Date: A o n C it, Attor y ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: HARDY & HARPER, INC., a California corporatio/ f Date: I t - 2"7- - 2-02-3 // / By: / l/ Michael J rray Vice President o Date: 1I - 22 - 2oZ3 By: ��L - Kristen S. Paulino Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements Hardy & Harper, Inc. �� Page 10 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE original counterparts FINAL CONTRACT AMOUNT EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7671243 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Hardy & Harper, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: distribute construction notices to affected businesses and residents, provide surveying services, provide traffic control plans for all work locations, establish traffic control for construction, implement BMP plan, coldmill existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete roads, lower and adjust manholes, remove and install new water valve boxes and survey monuments, removing nuisance tree roots, install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers, coordinate with outside utility owners to have their facilities repaired and/or raised to grade, other incidental items as required by Plans and Specifications, provide as -built drawings 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, Fidelity and Deposit Company of Maryland 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 Six Hundred Fifty Two Thousand Dollars ($1,652,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the Hardy & Harper, Inc. Page A-1 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 ail persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly exe ted by the above named Principal and Surety, on the 21st day of November , 2023 . Hardy & Harper, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'p OFFICE Date: !Z /y' 2- 3 By: OL rp nC. Attorney Auth� o�ed�3�Piature/Title Mi I mu y , V+ct FRESiDEN 1 Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hardy & Harper, Inc. Page A-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On November 22, 2023 before me, Marie Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Murray Nome(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. SE> o�ry MARIE AYALA3 Notary Public - California Z 4 Los Angeles County = r ° Commission # 2319435 �4FOFM* My Comm. Expires Feb 16, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �I I' !Ati(,Pa . — Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n C)ther-- Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange } ss. On November 21st 2023 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwight Reilly proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES ,my hand nd official seal. CIA)O'cc Signature Melissa Ann Vaccaro MELISSA ANN VACCARO COMM. #2401942 r� Notary Public -California ORANGE COUNTY a My Comm. Expires May 12, 2026 (seal) Hardy & Harper, Inc. Page A-3 Bond No. 7671243 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper -persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September}rA.D.. 2023 1`wyw�°8iiJ7,r„ �yYp {. N5-M1�{,�p�f$ . Cx•9Y�:.^asAa7 =�# .SEAL 3k dt sErr tir�,e -+awj w "' 'ar+rirzrrstiir� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President r By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENEVIEVE MI. MA1SON su uc E3tS4,Tl@9aRE CVJMf`', tr9© ` fill Myco missmnbj1mflRNUA. 2eZ025 Pfli�lr51i1 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT This bond was issued in two (2) original counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7671243 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $7,669.00 , being at the rate of $ 6.60 / $4.85 / $4.40 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Hardy & Harper, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of the following: Distribute construction notices to affected businesses and residents, provide surveying services, provide traffic control plans for all work locations, establish traffic control for construction, implement BMP plan, coldmill existing asphalt concrete pavement, compact subgrade and reconstruct asphalt concrete roads, lower and adjust manholes, remove and install new water valve boxes and survey monuments, removing nuisance tree roots, install temporary painted traffic striping, thermoplastic traffic striping, traffic signs, pavement markings and raised pavement markers, coordinate with outside utility owners to have their facilities repaired and/or raised to grade, other incidental items as required by Plans and Specifications, provide as -built drawings 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 Fidelity and Deposit Company of Maryland , 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 Six Hundred Fifty Two Thousand Dollars ($1,652,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Hardy & Harper, 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,lly the Principal and Surety above named, on the 21st day of November ,20 Hardy & Harper, Inc. Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213) 270-0600 Telephone APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: By: Pam' Aar C. rp Attorne 3043 Aufhor' d Sig ture(Title M FgEs�DeN T • v Authorized Agent Signature Dwight Reilly, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Hardy & Harper, Inc. Page B-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of Orange J} On November 22, 2023 before me, Marie Ayala, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael 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�aL OF TH MARI E AYALA Notary Public -California x T Los Angeles County ' Commission # 2319435 My Comm. Expires Feb 16, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ,-� a, Signature of N tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n C)ther- Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I ss. On 20 before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of Orange } ss. On November 21st 2023 before me, Melissa Ann Vaccaro Notary Public, personally appeared Dwight Reilly 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. =WITNESnd and offiiial seal. Signature Melissa Ann Vaccaro MELISSA ANN VACCARO COMM.#2401942 N Notary Public -California IK a IL t},,-- ORANGE COUNTY My Comm. Expires May 12, 2026 (seal) Hardy & Harper, Inc. Page B-3 Bond No. 7671243 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of September, A.D. 2023. a,,,, fua aso „peaeae:e a wa�`,aput n, ,a' �ssusitY any.. c:�" Sa3St1q ' y r a Ge,,, sic,° o =I SEAL _� :oSEAL�i$t>SEAL'=�= `erereeoeeaw �j" w �' errxu ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 7th day of September, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M. Maison GENE\AEVEM.MAISGN NOTARY °4f9UG ii BALTIMORECOIJNPY,MID b%Commission E2ims JANUAR€ 2..2025 �'frraraa a„:aa•` Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 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 Hardy & Harper, 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 contain, the following provisions: 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 Hardy & Harper, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (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 Hardy & Harper, Inc. Page C-3 limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Hardy & Harper, 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. Hardy & Harper, Inc. Page C-5 CL tj ¢ CL OC c e a E v co o c C C N Qo r— C S m CN? 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