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HomeMy WebLinkAboutC-4813 - Fashion Island Area Streets Overlay and Slurry0 September 11, 2013 Mr. Joseph A. Nanci EBS General Engineering, Inc. 1320 E. Sixth Street, Suite 100 Corona, CA 92879 ►. J CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: Fashion Island Area Street Overlay and Slurry — C-4813 Dear Mr. Nanci: On September 11, 2012 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 26, 2012. Reference No. 2012000565327. The Surety for the contract is Fidelity and Deposit Company and the bond number is 7629125. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov EXECUTED IN TWO COUNTEIV, City of Newport Beach 0 FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 BOND NO. 7629125 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,633 being atthe rate of $ 11.50/$7,13 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to EBS General Engineering, Inc., hereinafter designated as the "Principal°, a contract for construction of FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY, Contract No. 4813 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained In the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4813 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 , duty 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, Eight Hundred Eighty -Six Thousand, One Hundred Twenty and 001100 Dollars ($1,886,120.00) 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 New Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. 29 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 the City, only in the event the 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 or to the specifications accompanying the same 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 the 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 WITNES,S WHEREOF, this instrument has been duly executed by the Principal and Surety above n Gd, on the 18TH day of APRIL , 2012. Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SSCHAUMBURG, IL 60196 Address of Surety 213-270-0600 Telephone CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR ANDU5 RETY MUST BE ATTACHED 30 ACKNOWLEDGMENT •f YY 1YYYYYY[f[[tY YYYYYY YffYa[YMY[Yf[ff[f[YYf[YYf YYYf of Yf YYYY[f Yf [[Y YYY[[[ff [[YI State of California County of 12 Wr,-s►d_�, ) ss. On &pni 1gt. It 12 before me, J��iC�_ NCIVarrD_ Notary Public, p sre Public, appeared ��Me� _aar-)C t. �^ 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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. ............�R's/ .mss' �hli.l ,is 1 .' \X 7 (seal) •. a aaYYraf raa•Y..[[aff[laa•aerYr.ar......... "No ...... Now** ....... "pop ........ I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification — Credible Witness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO / CFO i COO _ President 1 Vice -President / Secretary / Treasurer Other. Other information: 31 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `H" ^ /`-U; y'S H" +Y4 +U' "a' e4 'N' N ey ' N"`a4'a➢ "Y' ".•YC -Y Nk'"d'2'�% Y2,"✓' ^'eYC:ei�:'ri N��" STATE OF CALIFORNIA County of Orange On 4-18-12 before me, Lexie Sherwood, Notary PubliQ Data Here iname and Title M Me Officer personally appeared Charles L. Flake Names) of signer($) LEXI� R OW OD 0 #4163 NOTCAMMetML8F9O RNIA ORANGE COUNTY '� Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that hetsholthey executed the same in hissthherRheir authorized capacity(ies), and that by histheritheir 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 pfficial seat. Signature X,1. Place Notary Seal Above Signature drNQJ#y Publi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on fire document and oould prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 157,79 =111' Signer(s) Other Than Named Above: CapaoitIr ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Offiicer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑Umited❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2097 Net" Notary Aum istion • 9350 De Soto Ave., P.O. Bolt 2402 •CMbaorth, CA 91313-2402 1 w ..NatlonatNoteryarg Item #5907 aemder: Call Tdl-r-ree 1-9017-9 78 8 9 2 7 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat h e by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. COLB n e OOD, all of Anaheim, California, EACH its true and lawful agent and d d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these prese l in as fully and amply, to all intents and purposes, as if they had been d t ac h ularly elected officers of the Company at its office in Baltimore, Md., ' p e attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant s e by certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: State of Marylandl ss: City of Baltimore 1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary i % , By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn; severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H „ono`\ Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H • 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dat a dds by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB �n e OOD, all of Anaheim, California, EACH its true and lawful agent and y ` d deliver, for, and oD its behalf as surety, and as its act and deed: any an o n xecution of such bonds or undertakings in pursuance of these prese IT@ in as fully and amply, to all intents and purposes, as if they had been d i5 t ae h ularly elected officers of the Company at its office in Baltimore, Md., `P�pop pe ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistants* eb`y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: State of Maryland City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ``\,,IIQl 11 ryll'lI i y POA -F 012.4150H Constance A. Dann Notary Public My Commission Expires: July 14, 2015 OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC December 4, 2012 Mr. Joseph A. Nanci EBS General Engineering, Inc. 1320 E. Sixth Street, Suite 1.00 Corona, CA 92879 Subject: Fashion Island Area Street Overlay and Slurry- C-4813 Dear Mr. Nanch On April 10, 2012, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 60 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on Septerriber 26, 2012, Reference No, 2012000565327. The Surety for the bond is Fidelity and Deposit Company of Maryland and the bond number is 7629125. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 � Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.city.newport-beach.ca,us EXECUTED IN TWO COUNTER' 1 City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 BOND NO. 7629125 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to EBS General Engineering, Inc,, hereinafter designated as the "Principal," a contract for construction of FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY, Contract No. 4813 in the City of Newport Beach, in strict conformity with the plans, drawings,, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4813 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 firmly bound unto the City of Newport Beach, in the sum of One Million, Eight Hundred Eighty -Six Thousand, One Hundred Twenty and 00/100 Dollars ($1,886,120.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California, 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same 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 WITNE WHEREOF, this instrument has been duly executed Principal and S ty, on the 18TH day of APRIL , 2012. EBS General Engineering, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURC IL 60196 Address of Surety 213-270-0600 Telephone by the above named CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 ACKNOWLEDGMENT •11ittR/[Pf APitp MPIYt PYtblA lltlppYlL1}M11ttYY tLt Pf/1YYYYPtp PY [RYR RYY PtM1t YR ptt YPYi P1 State of Calif mia County of lVe.C"501e - ) ss. On ADO1 jGi ,2-0!'Z- before me, Je5s1M NOV4M Public, p rsonally appeared—j �(j h jet "C t Notary 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 hislher/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. I �+ _.�/_A —M .LJll�i.��l�J♦ JESSE CA NAVARRO Cammiaslon N 11881014 Noter0wic - CaBtWMa &R!"rsds CouMy %C*Mm.EK nn 13.2015 (seal) Pt •Ye•ee t•eRt a eaee utttreeet arra •R Rt to Rr eetrre•eYtr PPtPtYpeeee RRtY••e a RRRpt� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Paper ldentification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Others 35 Thumbprint of Signer Check here if no thumbprint or fingerprint Is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 4-18-12 before me, Lexie Sherwood Notary Public Date Hero Insert Narne and Tide of the Officer personally appeared Charles L. Flake Names) of Signor(s) LEXIE SHERWOOD coMMI. #1856389 V „'L,i NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY Y Cornet. Earp, JULY 27, 2413 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand a do icta seal. _ Signature 1 EL Gf Place Notary Seat Above Signature o otary Pub c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 0 Individual Q Corporate Officer—Title(s):- 0 Partner -0 Limited © General ❑ Attorney in Fact Q Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual © Corporate Officer -Titie(s)_, © Partner —11Urnited0General ❑ Attorney in Fact El Trustee Ci Guardian or Conservator Q Other: Signer Is Representing: C 2007 National Notary Assodal on • 9350 Ds Soto Ave., P.O. Box 2492 • Chatsworth. CA 91313-2442, www.NatlonalNNaryorg item 115907 Reorder: Calk Toll -Free t-946876-8&27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in fall force and effect on the date e dds by nominate, constitute and appoint Richard A. COON, Charles L. FLARE, David L. CUL$ n e OOD, all of Anaheim, California, EACH its true and lawful agent and N u d deliver, for, and on its behalf as surety, and as its act and deed: any an n xecution of such bonds or undertakings in pursuance of these pre5e I�I to as fully and amply, to all intents and purposes, as if they had been d • VS t akn h gularly elected officers of the Company at its office in Baltimore, Md.,p _ per ' s attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P, FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistanta �e6Uy certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L ssCompany, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D, 2006. ATTEST: State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By. William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal die day and year first above written. dD.G. till .hF (—�}^.!�.w/t+[J�,.. � /�,,,.Fl./../✓Y�.1'M1.�- �gphn,nPdv Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 18TIl day of APRIL 2012 Assistant Secretary Recorded in Official Records, Orange County REE JV ly, Clerk -Recorder RECORDING REQUESTED BY � L $! IIIIIIIIIIIIIIIIIIII 111f Ill J111II[ 11111111 III VIII JI NO FEE _)r 8 5 8 4 8$* WHEN RECORDED RETURN P J (100565327 2:25 pm 09/26/12 r„ 276 422 N12 1 City Clerk r F 0.00 o.00 o.00 o.00 o.00 o.00 o.00 0.00 City of Newport Beach'( 3300 Newport Boulevard C Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and EBS General Engineering, Inc. of Corona, CA, as Contractor, entered into a Contract on April 10, 2012. Said Contract set forth certain improvements, as follows: Fashion Island Area Street Overlay and Slurry - C-4813 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, 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 ublic orks Direct 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 I� at Newport Beach, California. BY City Clerk SIA OFFICE OF THE CITY CLERK Leilani I. Brown, MMC September 12, 2012 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Bristol Street North Landscape Improvements — C-4301 • Fashion Island Area Streets Overlay and Slurry — C-4813 • Various Storm Drain Improvement Project — C-4966 Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Mmk - ow, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005, Fax: (949) 644-3039 • www.city,newport-beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and EBS General Engineering, Inc. of Corona, CA, as Contractor, entered into a Contract on April 10, 2012. Said Contract set forth certain improvements, as follows: Fashion Island Area Street Overlay and Slurry - C-4813 Work on said Contract was completed, and was found to be acceptable on September 11, 2012, 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 ublie arks direct r City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. fi Executed on �1� at Newport Beach, California. BY ' City Clerk TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Baclum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: �,tfred Castanon, Associate Civil Engineer APPROVED:'N 11 TITLE: Fashion Island Area Streets Overlay and Slurry — Notice of Completion and Acceptance of Contract No.4813 ABSTRACT: On April 10, 2012, City Council awarded Contract No. 4813 - Fashion Island Area Streets Overlay and Slurry Project to EBB General Engineering, Inc,, for a total contract cost of $1,886,120.00 plus a 5% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Measure M Turnback 7281-C2002046 $ 972,141.34 Water Enterprise 7511-C2002046 $ 49,700.00 Wastewater Enterprise 7541-C2002046 $ 15,000.00 Gas Tax 7181-C2002046 $ 488,899.90 Total Construction Cost: $ 1,525,741.24 1 of 4 Fashion Island Area Streets Overlay and Slurry — Notice of Completion and Acceptance of Contract No.4813 August 28, 2012 Page 2 DISCUSSION: Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract Time Amount Completion Target Contract Time Under {-} (days) or Over (+) $1,886,120.00 $1,525,741.24 5% or less -19A% 50 -12 The work necessary to complete this contract consisted of reconstructing failing portions of existing street pavement, curb and gutters, non-compliant ADA curb access ramps, traffic loop replacement, cold -milling and new asphalt concrete overlay in the Newport Center community. The project also included crack filling and slurry seal work but these items were deleted from this contract and added to the American Asphalt South, Inc. contract (2011-2012 Citywide Slurry Seal Project, C-5087). The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 1,886,120.00 Actual cost of bid items constructed: $1,441,386.99 Contract change orders: $ 84,354.25 Final contract cost: $ 1,525,741,24 The disparity between the contract award amount and the final construction cost was the result of deleted bid items noted above and alternative measures to reconstruct deteriorated pavement sections. After a field meeting with the contractor to review these areas, it was determined that there was no apparent failure with the base material and that a deep grind and thicker asphalt overlay would suffice. The final contract cost was 19.1% below the original contract amount. There were two change orders totaling $84,354.25. The change orders were for the deletion of the slurry seal bid items (bid item no. 8 & 9) and additional street repair work for Dorchester Drive in the Cameo Highlands community. In an effort to coordinate with the Irvine Company's construction of a new intersection at Newport Center and Center Drive and the new Pimco 22 -story high-rise building, the City delayed the start of our paving operations until after Memorial Day. City staff also requested that EBS bring in extra equipment and additional workers to complete the work in a more expedited manner. The schedule for all the paving and slurry work around Newport Center allowed 50 working days based on past paving and slurry projects. The project was substantially completed July 13, 2012, but the Dorchester Drive work required additional time extending the completion date to July 31, 2012. 2 of Fashion Island Area Streets Overlay and Slurry — Notice of Completion and Acceptance of Contract No.4813 August 28, 2012 Page 3 A summary of the project schedule is as follows Estimated Completion Date per July 2011 Baseline Schedule: June 29, 2012 Project Awarded for Construction: April 10, 2012 Completion Date from Award with Approved Extensions: July 31, 2012 Actual Substantial Construction Completion Date: July 13, 2012 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQX) pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive, NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. - The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: PuVc,Works Director Attachments: A. Location Map 3 of 4 FASHION ISLAND AREA STREETS OVERLAY AND SLURRY LOCATION MAP AC OVERLAY TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DATE: SCALE: 11/03/11 NTS DRAWN: C-4813014 ATTAr,HNAPNIT "A" CITY CLERK CITY OF IE4�JPQ'T �E2 Z fJi��TICF IfJ`✓ITIPJ�� CHILI Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 29th day of March, 2012, at which time such bids shall be opened and read for FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Title of Project Contract No. 4813 $ 1,996,650.00 Engineer's Estimate e�,Z Stdphen-s. Dadum Pubiic.Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19`h Street, Costa Mesa, CA 92627 Contractor- License Classification(s) required for this project. "A" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach FASHION ISLAND AREA STRETS AC OVERLAY AND SLURRY Contract No. 4813 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA..................................................:.....................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................ SP -1 2 City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashiers 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. 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. 4. 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. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 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. 7. 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. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act'. 10. 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. The signature below represents that the above has been reviewed. 720016 A Contractor's License No. & Classification EBS GENERAL ENGINEERING, INC Bidder JOSEPH A. NANCI Authorized Signature[Title PRESIDENT 03/29/2012 Date 9 BOND# 8739462 PREMIUM: NIL City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the -Cl of Newport Beach if the bid proposal of the undersigned Principal for the construction of FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY, Contract No. 4813 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 23RD day of /MARCH 2012. EBS GENERAL ENGINEERING, INC. Name of Contractor (Principal) Authorized Signature/Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety Authorized Agent Signature C/O ZURICH 1400 AMERICAN LN. SCHAUMBURG, IL 60196 Address of Surety 213/ 270-0600 Telephone RICHARD A. COON,ATTORNEY-IN--FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT State of California County of V \Qtysi dc On 3/z/IZ Public, personally appeared ry VVI lu 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. -------------- Isra JESSICA NAVARRO Commission # 1861014 Notaryl'Public - CiRloroia Riveralda County it (Seal) .....•ONX...................... 00000.t••......................... 0•\\..09...... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper IdenClfication Credible Witness(es) Capacity of Signer: Trustee ^_ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other information: 7 Thumbprint of Signer Check here if no thumbprint orfingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 3/23/12 before me, Lexie Sherwood, Notary Public Date Here Insert Name and Tide of the Officer personally appeared Richard A. Coon Name(s) of Signer(s) LEl =r OOD as I�' vv -1 r 0�0r;i NOT OF IC 0C lIFORNIA 0 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. Witnessl. my hand and o ficial sea��� G Signature �XJJ// Place Notary Seal Above Signature of Notar Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Signer's Name ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 0 2007 National Notary Assouaflon • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 913132402 - w .NahooalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-8]6-682] Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company,are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie d�Cs by nominate, constitute and appoint Richard A. COON, Charles L. ]FLAKE, David L. CULB n e �OOD, all of Anaheim, California, EACH its true and lawful agent and a ,p d deliver, for, and on its behalf as surety, and as its act and deed: any an p n xecution of such bonds or undertakings in pursuance of these prese 1� in 4U';I��a y, as fully and amply, to all intents and purposes, as if they had been d t 1 Did acn gularly elected officers of the Company at its office in Baltimore, Md., i=p pe� attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, CUL -Q, a ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant es\fieVe6y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-fVsTs2ild Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By. William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. cc, „rn"M Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 23RD day of MARCH 2012 i Assistant Secretary City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors 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. (Use additional sheets if needed.) Subcontractor's Information % Bid Item Number Description of Work % of Total Bid 1 rn�I ` Name: tl f / ! I Address: r 2a0 Lr S ��� �/ �. t Ir'I 1� J ' 3 /Q cO(Jo�` 1 f(�� 1 b� q % Phone: �D State License Number: Name I Ad res S�.JGt1n�'l` G I I`/] U S� CA W a1s� �a 6 3v l Phone:7_1 /t,1 i C-«lig StateC�I icense Number. Name:/ I''"`�T�S Address: I , I Loo (� � IV . Phone: � Sta a License Number: EBS GENERAL ENGINEERING, INC Bidder 8 Authorized Signature/Title Joseph A. Nanci President City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 DESIGNATION OF SUBCONTRACTORiS1 State taw requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract The Bidder, by signing this designation, certifies that bids from the following subcontractors 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. (Use additional sheets if needed.) Subcontractors Information Bid item Description of Work /.f Totai Bid Number Address: Ole Phone:,�J' �% v State License Number: -7 G, Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: EBS GENERAL ENGINEERING, INC Bidder AZ-��- Authorized Signature/Title Joseph A. Nanci President City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name EBS GENERAL ENGINEERING, INC FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name/Number Five Points Street Improvement Project - Bid No.6870 Project Description Street Improvements Approximate Construction Dates: From 10/2010 Agency Name Citv of Riverside 08/2011 Contact Person Danny Cwiak Telephone (951) 277-5514 Original Contract Amount $2•'"3,211.95 Final Contract Amount $2-1111-01303 31 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders 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. we No. 2 Project Name/Number Lakeshore Drive Street Improvements, Project Description Street Improvments Approximate Construction Dates: From 09/2010 Agency Name City of Lake Elsinore 03/2011 Contact Person. Peter Ramey Telephone (951 ) 6.74-3124 Original Contract Amount $582,916.50 Final Contract Amount $ 603,442.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - Over Contract Quantities Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Improvement of Los Coyotes Diagonal (R-6782) Street Improvements Approximate Construction Dates: From 09/2010 Agency Name City of Long Beach Contact Person Charles Ramey 01/2011 Telephone (562) 570-6200 Original Contract Amount $2,517,217.24Final Contract Amount $ 3,519,217.24 - If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Marengo Ave Street Improvements Street Improvements Approximate Construction Dates: From 08/2010 Agency Name City of Pasadena Contact Person Gabriel Nevarez 11/2011 Telephone (121) 403-7240 Original Contract Amount $1,119,131.84Final Contract Amount $1.045,211.11 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Street Improvements on White Ave Street Improvements Approximate Construction Dates: From 04/2010 Agency Name City of Pomona Contact Person Linda Lowry 09/2010 Telephone (909 )120-2211 Original Contract Amount $ 2,239,910.10Final Contract Amount $ 2,411,136.74 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - Extra Work Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Colima Road - RDC0014853 Project Description Street Improvements Approximate Construction Dates: From 01/2010 To: 09/2010 Agency Name County of Los Angeles Contact Person Pirouz Bozorgnia Telephone (626) 458-3145 original Contract Amount $_L,461,718 OcFinal Contract Amount $ 1,333,231.10 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. EBS GENERAL ENGINEERING, INC Bidder Authorized Signature/Title ' PRESIDENT OSEPH A. NCI 12 Q general engineering, inc. CONSTRUCTION EXPERIENCE OF THE KEY INDIVIDUALS IN OUR ORGAINZATION JOSEPH A. NANCI - PRESIDENT/ ESTIMATOR -20+ YEARS EXPERIENCE HUGH E. LEE - PROJECT MANAGER / CHIEF ESTIMATOR -30+ YEARS EXPERIENCE FRANK DUDLEY - PROJECT MANAGER / CHIEF ESTIMATOR -30+ YEARS EXPERIENCE DAVESULIK- GENERALSUPERINTENDENT -25+ YEARS EXPERIENCE WILLIE ELLIS- SENIOR PROJECT MANAGER -20+ YEARS EXPERIENCE FOREMAN - TO BE DETERMINED 2 TO 20 YEARS EXPERIENCE :)seph A. Nanci, Hugh E. Lee, and Frank Dudley have been professionals in the construction industry for a combination of over 50 years. They have several years of experience in all aspects of the construction industry including: new construction projects, reconstruction projects, and developmental projects. Their education includes a combination of schooling, hands on work in the field, and several years of management experience and owner responsibilities. City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 NON -COLLUSION AFFIDAVIT State of California ) ss. Countyof RIVERSIDE ) JOSEPH A. NANCI , being first duly Sworn, deposes and says that he or she is PRESIDENT SECRETARY TREASURER of EBS GENERAL ENGINEERING, 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 Calif a that the foregoing is true and correct. EBS GENERAL ENGINEERING, INC Bidder Authorized Signature/Title JOSEPH A. NANCI-PRESIDENT Subscribed and sworn to (or affirmed) before me on this 29 day of \/I CI VC V) .2012 by proved to me on the basis of satisfactory evide ce to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Noti Public [SEAL] JESSICA NAVARRO Commission ! 1861014 = i ti Notar?Public - California _ Z z� Riverside County M Comm. Exialres Aug13.2013 13 My Commission Expires: City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 (DESIGNATION OF SURETIES Bidders name EBS GENERAL ENGINEERING, INC Provide the names, addresses, and phone numbers for all brokers, and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): 1. CULBERTSON INSURANCE SERVICES, INC - 5500 E. SANTA ANA CYN. ROAD, SUITE 201 ANAHEIM, CA 92807-3103 2. FIDELITY & DEPOSIT COMPANY OF MARYLAND 801 N. BRAND BLVD, PENTHOUSE SUITE GLENDAL� Ml City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name EBS GENERAL ENGINEERING, INC Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 16, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No..of contracts .15P YP IIS Inc [K ISS Total dollar Amount of Contracts (in ? g�5� L, sdo Thousands of $ No. of fatalities 0 O D O p No. of lost Cases ® 1� Workday No. of lost workday cases involving a 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 16, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder EBS GENERAL ENGINEERING, INC Business Address: 1320 E. SIXTH STREET, SUITE 100 Business Tel. No.: State Contractor's License No. and 951-279-6869 Classification: 720016 A Title 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 12 TREASURER Signature of bidder xxx Date xxx Title xxx 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 ATTACHED1 IN CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California { County of On Z>' 29 2 before me, I' e Q NciiVQ rro' 1 V ui a V P" bl l' C, r (Here insert name and coo of the officer) personally appeared JOS-tph N a nc 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 PER) [ 1RY under the laws of the State of California that the foregoing paragraph is true and correct. JESSICA NAVARRO Commission N 1861014 a WITNESS my hand and official seal. _ ,=� Notary'Public - Ceiifornis Z %)Riverside County /✓L1F dX/ !%t 1/Q (Notaryseal) My Comm. Expires An 13.2013 Signatyf dNotary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be Proper[); completed and attached to that document. The only exception is if a document is to be recorded outside of Cal firma. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document carefidlyfor proper notarial wording and attach this form ifrequired. (Title or description of attached document continued) • State and County information must be the State and County where the document Number of Pages _ Document Date signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which - must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. s • Signature of the notary public must match the signature on file with the office of El Partner (s) the county clerk. ❑ Attorney-in-Fact •e Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document, number of pages and date- . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www NotaryClasses.com City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 ACKNOWLEDGEMENT OF ADDENDA Bidders name EBS GENERAL ENGINEERING, INC The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: lila 17 City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 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: EBS GENERAL ENGINEERING, INC Business Address: 1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 Telephone and Fax Number: 951-279-6869 I 951-279-9112 California State Contractor's License No. and Class: 720016A (REQUIRED AT TIME OF AWARD) Original Date Issued: 03/31/1994 Expiration Date: 03/31/2014 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: JOSEPH A. NANCI - PRESIDENT 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 JOSEPH A. NANCI PRESIDENT 1320 E. SIXTH STREET, SUITE 100, CORONA CA 951-279-6869 JOSEPH A. NANCI SECRETARY 1320 E. SIXTH STREET, SUITE 100, CORONA CA 951-279-6869 JOSEPH A. NANCI TREASURER 1320 E. SIXTH STREET, SUITE 100, CORONA CA 951-279-6869 Corporation organized under the laws of the State of CALIFORNIA The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: m 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; NPA' Briefly summarize the parties' claims and defenses; NPA Have you ever had a contract terminated by the owner/agency? If so, explain. Nr� Have you ever failed to complete a project? If so, explain. NIS For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes CPO iR Are any claims or actions unresolved or outstanding? Yes /@ If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. JOSEPH A. NANCI (Print name of Owner or President Of Corpor tion/Company) EBS GENERAL ENGINEERING, INC Bidder Authorized Signature/Title PRESIDENT 03/29/2012 Date On3-2-`t"12 before me, `k551CG1 L\[Awra Notary Public, personally appeared G n c who proved to me on the basis of satisfactory evidence t 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 capaclty(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 a JESSICA N— A— y' �RRp� vK I (SEAL) NohCamrmissian * 1881014 Not r ' Public innd for said State x . - CItlNomtt Rirerst0a Ceonn, My Commission Expires: S -G-/ $] City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 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: m CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS o LABOR AND MATERIALS PAYMENT BOND C FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 Cute of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 CONTRACT THIS CONTRACT FOR PUBLIC WORKSentered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and EBS GENERAL ENGINEERING, INC., a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, raised pavement markers, and existing traffic striping; (4) removing existing pavement, curb and gutter; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlaying roadway, placing emulsion aggregate slurry seal; (6) constructing curb and gutter; (7) adjusting utility and survey facilities; (8) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade and (10) other incidental items to be completed in work place required by the Plans and Specifications. WHEREAS, 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, City and Contractor agree as follows: A. 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 Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4813, 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'). 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. B. 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 22 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION 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, Eight Hundred Eighty -Six Thousand, One Hundred Twenty and 001100 Dollars ($1,886,120.00) . This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS 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 the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Alfred Castanon (949)644-3314 EBS General Engineering, Inc. 1320 E. Sixth Street, Suite 100 Corona, CA 92879 951-279-6869 951-279-9112 Fax F. 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. 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) 23 each type for Contractor's employees 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 the laws of the State of California, Section 3700 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 required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liabilitV insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. 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 the 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. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. 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. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. 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 Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the 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 within five days of the expiration of the coverages. M G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (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, attorney's 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 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 or any or all of them). 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 attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. 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. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 27 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date S/3 // z' CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charte% City Date:/ci it By: Aaron arp Mar City Attorney Mat ATTEST - Date: _.n , Leilani ('Brown City Clerk W EBS GENERAL ENGINEERING, INC California Corpor on By: (Corporate Officer) Title: President Print Name: Joseph A. Nanci Date: t By: (Financial Officer) Title: Treasurer Print Name: Jo'§0h A. Nanci Date: I EXECUTED IN TWO COUNTERPARTS City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 BOND NO. 7629125 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,633 being at the rate of $ 11.50/$7.13 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to EBS General Engineering, Inc., hereinafter designated as the "Principal", a contract for construction of FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY, Contract No. 4813 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4813 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, Eight Hundred Eighty -Six Thousand, One Hundred Twenty and 001100 Dollars ($1,886,120.00) 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. 29 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 the City, only in the event the 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 or to the specifications accompanying the same 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 the 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 WITNES WHEREOF, this instrument has been duly executed by the Principal and Surety above na, on the 18TH day of APRIL .1 2012. Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety 213-270-0600 Telephone 5e IV"Cl' Authorized Signaturelpfle Aut oriz dAgentSignature CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT .0..000......0............0...................................................I State of California County of I(Ltvff6IJe- t ss. On AvnI I.22b12 before me, Im NaUarry Notary Public, pe personally appeared�ICC-re�(\"OC4 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. S#-Rfure (seal) ..... a.......................................................................t OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 4-18-12 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Charles L. Flake Name(s) of Signer(s) LE 0 SNEFWOOD 56389 Dom, APYPU#1056359P. NOTARY PBB„ICa ORA.NGECOUN. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand an�d/fficial seal. / Signature l/a'.,YiJLDU,� r4d1( Place Notary Seal Above Signature df No ry PuMi OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Cl Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNctary.org Item #5907 Reorder: Gall Toll -Free 1-800-8]6-682] Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h by nominate, constitute and appoint Richard A. COON, Charles L. ]*LAKE, David L. CULB n e S OOD, all of Anaheim, California, EACH its true and lawful agent aFin r a a ,p d deliver, for, and on its behalf as surety, and as its act and deed: any an a n e xecution of such bonds or undertakings in pursuance of these p%rese I i �, as fully and amply, to all intents and purposes, as it they had been d [ aptly elected officers of the Company at its office in Baltimore, Md.,P per attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, at ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant eby certify that' the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November. A.D. 2006. ATTEST: State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. aroni mil,, tai `. r. �r",aurno`` POA -F 012-4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 18TH day of APRIL 2012 Assistant Secrelary EXECUTED IN TWO COUNTERPARTS City of Newport Beach FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY Contract No. 4813 BOND NO. 7629125 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to EBS General Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of FASHION ISLAND AREA STREETS AC OVERLAY AND SLURRY, Contract No. 4813 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4813 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 firmly bound unto the City of Newport Beach, in the sum of One Million, Eight Hundred Eighty -Six Thousand, One Hundred Twenty and 001100 Dollars ($1,886,120.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same 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 WITNE WHEREOF, this instrument has been duly executed by the above named Principal and S ty, on the 18TH day of APRIL '2012. EBS General Engineering, Inc. (Principal)Authorized. Signature/Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG IL 60196 Address of Surety 213-270-0600 Telephone Authorize gent ignature CHARLES L. FLAKE / ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED KL! ACKNOWLEDGMENT ••••••.••••.••••..••••e•••••••••••••••••••.•••.•.•••.......•.•••.•......•.....I State of California County of Rnv_ 1 ss. On A-Do.� AI20I"Z before me, 1 SICG r4C?VZ1ViD Public, p rsonally appeared jrnr'p 1 h ncA ,who he person(s) whose name(s) is/are me that he/she/they executed the his/her/their signatures(s) on the the person(s) acted, executed the proved to me on the basis of satisfactory evidence to be t subscribed to the within instrument and acknowledged to same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of which instrument. Notary 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. 1 ------------ JESSICA NAVARRO Commission * 1881011 Notary9 lelle - Calfom4 Riverside Courq Comm. Es 'res 13.2013 (seal) ,man •.u...u•u•....u.....0..... u...............s.u.....u..........u... M. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paperldenfifidatioh _ Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO / CFO / COO _ President / Vice -President / Secretary / Treasurer Other. Other 35 Thumbprint of Signer Check here If no thumbprint or fingerprint Is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange } On 4-18-12 before me, Lexie Sherwood Notary Public Date Here Insert Name and Title of the Officer personally appeared Charles L. Flake Names) of Signer(s) LEXiE SHERWOOD COMM. N.1956389 R i �tl'Fi NOTARY PUBLIC 0 CALIFORNIA °n st s I ORANGE COUNTY 0 Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature Public — OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402. www.NadonalNctaryorg Item #5907 Reorder: Call Toll -Free 1-800-87"a27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND; a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,. of the By -Laws of said Company, are set forth on the reversesidehereof and are hereby certified to be in full force and effect on the date hgle=by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n to W OOD, all of Anaheim, California, EACH its true and lawful agent and a u d deliver, for, and on its behalf as surety, and as its act and deed: any an s {� n e xecution of such bonds or undertakings in pursuance of these presen �il Be 0 2 t , as fully and amply, to all intents and purposes, as if they had been d � tt ac n h gularly elected officers of the Company at its office in Baltimore, Md., � per attorney revokes that issued on behalf of Richard A. COON, a ew P. Charles L. FLAKE, FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistantcs'4ie%e6y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -L s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: State of Maryland SS: City of Bal imore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary /. iil By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. '2, �.�✓..t�n.�-,.;- '' Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA -F 012-4150H EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of 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 the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth 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 seal of the said Company, this 18TH day of APRIL 2012 eta2 / Assistant Secretary Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 FASHION ISLAND AREA STREETS OVERLAY & SLURRY CONTRACT NO. 7,�O DATE: March 22, 2012 BY: J Deputy Public Works Director/ City Engineer TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. SPECIAL PROVISIONS 9.3 PAYMENT Remove Item No. 13 on page 12 and replace with the following: Item No. 13 Remove AC Pavement and Construct AC Full Depth: This item shall include sawcut, removal and disposal of existing AC pavement, grading, base and subgrade compacting, constructing a minimum of 6" AC Base Course allowing for a 2" AC Finish Course, tack coating, and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavementshall be borne by the contractor. Locations of dig -outs are shown on the plans or as directed by the City Inspector during construction. Removal, compaction and replacement of the AC base course for this work item shall be completed within the same day. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. EBS GENERAL ENGINEERING, INC Bidder's Name (Please Print) 03/22/2012 Date JOSEPH A. NANCI - PRESIDENT Authorized Signature & Title f9usersVbwl5haredlconlraclsly 11-12104813 -rashlon. Island overlay& slurryleddendurn no. 1,doo CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL FASHION ISLAND AREA STREETS AC OVERLAY & SLURRY CONTRACT NO. 4813 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete. Contract No. 4813 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 3 Lump Sum Mobilization & Dem,llization @rya)�c(�cl�Dollars and Cents Per Lump Sum Lump Sum Traffic Control Q/ 7j/ Dollars and -P_rr? Cents Per Lump Sum Lump Sum Survey Services JQ� @' at�,J SQU Dollars and 7_P R> Cents Per Lump Sum $ 0)$ -140210) PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 100 L.F. Remove and Reconstruct Type "A" Curb @ div Dollars and a 2 Cents $ X5,00 $ l�oe 0 Per Linear Foot 5. 10 L.F. Remove and Reconstruct Type "C" Curb @ Dollars and 7 (C) Cents $ j5o6 $ U2 Per Linear Foot 6. 27 EA. Remove and Reconstruct PCC Access Ramp @C v r ��Dollars and Ze�D Cents $ �00_cp Per Each 7. 7 EA. Install Truncated Domes @ j Dollars and "�,\� l _Q (0 Cents $ 302,a)$ CXR .w Per Each 8. 510,000 S.F. Type I Slurry Seal 0 @ 7jef 0 Dollars and 1 �L Cents fr Cents Per uare Foot Lump Sum Crack Sealing "Dollars and %Q)_C4 Cents Per Lump Sum PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1,000,000 S.F. Cold Mill Asphalt Pavement Dollars and '. r Cents $ 13 $ Per Square Foot 11. 300 TON AC Leveling Course @ Dollars and 7--Q(Z) Cents $ Ir? ( $ ()o Per Ton 12. 15,000 TON Asphalt -Rubberized Hot Mix (ARHM) @ - J Dollars and —32(j)_ Cents $ 0o $ I � ,0d Per Ton 13. 45,000 S.F. Remove , AC Pavement (Dig Out) @ (� Dollars and V'� $ Cents $ e � Per Squar6 Foot 14. 100 S.F. Remove PCC Pavement and Reconstruct @ Dollars Square L� and -F- Cents $ Say $ 1,5��,.� Per Square Foot -`t= 15. 91 EA. Remove and Replace with New Water Valve Box and Cover Adjust to Grade . erA Dbilars and c 7Pni Cents $ .SS�.o) $,5c) ds),Cb Per Each PR 4.of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 28 EA. Adjust Manhole Frame an` -Cover to Grade flays Z2(� and Cents $ � � S �� $ Per Each 17. 21 EA, 1W Adjust Survey Monument Frame and Cover to Grade and c I So,J) Cents $� $ Per Each 290 EA. Remove and Replace Traffic Signal Loops @a2 v ears and 2—Q4 b Cents Per Each 19. Lump Sum Traffic Striping P.��LJ1i� Dollars @ and _Cents Per Lump Sum NO Lump Sum As -Built Drawings @ , VONO Dollars and Cents Per Lump Sum $ $ 0c)$ D az) .o $ �ialao $ J PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN lWLOIRDS I 1 \,,A J 4w& -j_„ _. Ow ii11l�1 /ill P..Yert"1 Y11SJ1e'ji$vl 0.�( 4l `l 13A 41.)ILGY/ e' 1"WIMrc ?� and �O Cents 03/29/2012 Date 951-279-6869 / 951-279-9112 Bidder's Telephone and Fax Numbers 720016 A Bidder's License No(s). and Classification(s) Bidder's email address: BIDS@EBS-INCUS s v 12 dl) Total Price (Figures) EBS GENERAL ENGINEERING, INC Bidder JOSEPH A. NANCI -PRESIDENT Bidder's Authorized Signature and Title 1320 E. SIXTH STREET, SUITE 100, CORONA, CA 92879 Bidder's Address Last saved by srooks03/05/2012 1:51 PM - f.\users\pbwlshared\contractsVnasters\CASTAWAYS PARK REVEGETATION.doc 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 rd 9 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS FASHION ISLAND AREA STREETS OVERLAY AND SLURRY CONTRACT NO. 4813 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 rd 9 6-7.2 6-7.4 6-9 6-11 SECTION 7 7-1 7-1.2 7-7 7-8 7-8.4.3 7-8.6 7-8.6.2 7-8.7.2 7-10 7-10.1 7-10.3 7-10.4 7-10.4.1 7-10.5 7-10-6 7-15 7-16 SECTION 9 9-3 9-3.1 9-3.2 Working Days Working Hours LIQUIDATED DAMAGES SEQUENCE OF CONSTRUCTION RESPONSIBILITIES OF THE CONTRACTOR CONTRACTOR'S EQUIPMENT AND FACILITIES Temporary Utility Services COOPERATION AND COLLATERAL WORK PROJECT SITE MAINTENANCE Storage of Equipment and Materials in Public Streets Water Pollution Control Best Management Practices (BMPs) Steel Plates PUBLIC CONVENIENCE AND SAFETY Traffic and Access Street Closures, Detours, Barricades Safety Safety Orders "No Parking" Signs Notice to Businesses CONTRACTOR LICENSES CONTRACTOR'S RECORDS/AS BUILT DRAWINGS MEASUREMENT AND PAYMENT PAYMENT General Partial and Final Payment PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel 4 5 5 6 6 6 6 6 7 7 7 8 8 8 9 9 9 9 10 10 10 10 10 13 14 14 14 14 14 SECTION 214 PAVEMENT MARKERS 14 214-4 NONREFLECTIVE PAVEMENT MARKERS 14 214-5 REFLECTIVE PAVEMENT MARKERS 14 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300-1 CLEARING AND GRUBBING 14 300-1.3 Removal and Disposal of Materials 15 300-1.3.1 General 15 300-1.3.2 Requirements 15 300-1.5 Solid Waste Diversion 15 SECTION 302 ROADWAY SURFACING 16 302-4 EMULSION -AGGREGATE SLURRY 16 302-4.3 Application 16 302-4.3.1 General 16 302-4.3.2 Spreading 16 302-4.3.3 Field Sampling 16 302-5 ASPHALT CONCRETE PAVEMENT 16 302-5.1 General 16 302-5.4 Tack Coat 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.1 General 17 303-5.5 Finishing 17 303-5.5.1 General 17 303-5..5.2 Curb 17 303-5.5.4 Gutter 18 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 18 307-17 TRAFFIC SIGNAL CONSTRUCTION 18 307-17-7.3 Inductive Loop Detectors 18 SECTION 310 310-5 310-5.6 310-5.6.6 310-5.6.7 310-5.6.8 310-5.6.11 SECTION 312 312-1 SECTION 400 400-2 400-2.1 400-2.1.1 SECTION 600 PAINTING PAINTING VARIOUS SURFACES Painting Traffic Striping, Pavement Markings, and Curb Markings Preparation of Existing Surfaces Layout, Alignment and Spotting Application of Paint Pavement Markers PAVEMENT MARKER PLACEMENT AND REMOVAL PLACEMENT PART 4 10" 18 18 18 19 19 19 19 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE 20 UNTREATED BASE General Requirements PART 6 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS — WET PROCESS 600-2.1 Asphalt Rubber 600-2.1.1 General 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling 600-2.7 Asphalt -Rubber and Aggregate Membane (ARAM) Surfacing Or Interlayer Last saved by PUser03/07/2012 5:02 PM f.\users\pbw\shared\contracts\fy 11-12\c-4813 - fashion island overlay & slury\specs index c-4813.doc 20 20 20 4C 20 20 20 20 20 21 CITY OF C WORKS P ORT BEACH PUBLICDEPARTMENT SPECIAL PROVISIONS P1 CONTRACT NO. 4813 INTRODUCTION F21 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 -6017-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, raised pavement markers, and existing traffic striping; (4) removing existing pavement, curb and gutter; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlaying roadway, placing emulsion aggregate slurry seal; (6) constructing curb and gutter; (7) adjusting utility and survey facilities; (8) installing truncated domes, traffic striping, pavement markings, and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade and (10) other incidental items to be completed in work place required by the Plans and Specifications." SP2OF21 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the 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 Record of Survey or Corner Records with the County of Orange 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." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is COAST SURVEYING, INC. and can be contacted at (714) 918-6266. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. 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 3-3.2.3 Markup. Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 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 for in this subsection, one (1) percent may be added for compensation for bonding. SP3OF21 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing. "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." Add Section 5-7 ADJUSTMENT TO GRADE. 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP4OF21 The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities 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. SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: 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 construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting and before commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the 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 schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved 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." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Notice to Proceed for this project will be issued May 7, 2012. 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 for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4m the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24n SP5OF21 (Christmas Eve), December 25th (Christmas), and December 315t (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 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., before or after the normal working hours prescribed above. 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 p.m. on Saturday 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. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "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 $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 the above liquidated damages per 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." 6-11 SEQUENCE OF CONSTRUCTION. A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Contractor will be required to coordinate the installation of the proposed traffic signal detector loops at the Newport Center Drive & Center Drive intersection with The Irvine Company contractor before AC surface course overlay work. SP6OF21 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and 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, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for withdrawal of construction and temporary water. City reserves the right to limit the location, times and rates of withdrawal of such water" 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street, The Contractor shall make arrangements for the delivery of salvaged materials by contacting the Utilities Operation Manager, at (949) 718-3402." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. SP7OF21 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. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/i)ublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs). Add to this section: 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 of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." SP8OF21 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: 'The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 Street Closures, Detours and Barricades. Add to this section: 'The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street 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- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. SP9OF21 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section: "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, and 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." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post 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. The City of Newport Beach "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 letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the businesses a second written notice prepared by the City clearly indicating specific dates SP 10 OF 21 in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Engineering Contractor's License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, 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 bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid 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: SP 11 OF 21 Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, posting signs, covering conflicting signs, and all costs incurred notifying residents. In addition, this item includes, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rail, temporary striping, and flagpersons. In addition, four (4) digital message boards are to be installed adjacent to the work area as directed by the City Inspector for the duration of the project. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Surveying Services: Work under this item shall include surveying including restoring all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Item No. 4 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, full depth AC slot patch (patch back), re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 5 Remove and Construct P.C.C. Type C Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, full depth AC slot patch (patch back), re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 6 Remove and Reconstruct Curb Access Ramp: Work under this item shall include all labor, tools, equipment, and material costs for saw cutting, removal and disposal of conflicting portions of existing concrete sidewalk and/or access ramp, reconstruction of curb access ramp, full depth AC slot patch (patch back), and all other work items as required to complete the work in place. Raised truncated domes shall be SP 12 OF 21 dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Item No. 7 Remove and Construct Truncated Dome: Work under this item shall include removal and disposal of existing P.C.C. improvements, full depth AC slot patch (patch back) and constructing 4' x 3' raised truncated dome (manufactured by Wausau Tile) and all other work items as required to complete the work in place. Item No. 8 Type I Slurry Seal: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to preparing the roadway surface, removing existing traffic striping and pavement markings, protecting raised pavement markers, providing slurry test report only when initial test results do not meet specifications, placing Type I slurry seal, and all other work items as required to complete the work in place. Item No. 9 Crack Seal (Slurry Seal Areas): Work under this item shall include routing out the crack, applying a soil sterilizer, crack sealing of the existing asphalt roadway to be resurfaced with a hot -applied crack sealant, applying an asphaltic tack coat to the roadway and all other work items as required to complete the work in place. Item No. 10 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings and all other work items as required to complete the work in place. Item No. 11 AC Leveling Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, asphalt concrete leveling course placement, compaction and all other work items as required to complete the work in place. Item No. 12 ASPHALT -RUBBER HOT MIX (ARHM) Surface Course: Work under this item shall include all labor, tools, equipment, and material costs for pavement clearing, tack coat, 2 -inch thick ARHM surface course placement, compaction and all other work items as required to complete the work in place. Item No. 13 Remove AC Pavement and Construct AC Full Depth: This item shall include sawcut, removal and disposal of existing AC pavement, grading, subgrade and AC compacting, constructing a minimum full depth of 4" AC Base Course allowing for a 2" AC Finish Course, tack coating, and all other work items as required completing the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. Locations of dig -outs are shown on the plans or as directed by the City Inspector during construction. Item No. 14 Remove Existing PCC Pavement, Base & Subbase, and Construct 6" PCC Pavement Over 4" Crushed Miscellaneous Base: This item shall include sawcut, removal and disposal of existing 6" thick PCC pavement, base & subbase SP 13 OF 21 material, grading, subgrade and PCC compacting, constructing 6" PCC pavement over 4" crushed miscellaneous base and all other work as required to complete the work in place. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. Item No. 15 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting per CNB STD -511-L, lower and raising during paving operation, of all water valve frames and covers to grade and all other work items as required to complete the work in place. Contractor will be required to remove all debris from valve can to ensure valve is accessible. Item No. 16 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Plastic manhole extensions will not be allowed. Item No. 17 Adjust Survey Monument Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operations Pull box frame and cover shall be per CNB standards and all other work items as required to complete the work in place. Item No. 18 Remove and Replace Traffic Signal Detector Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops (lead loops shall be per City of Los Angeles STD S- 70.1 D and presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES - 56), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 19 Install Striping, Markings and Markers: Work under this item shall include removing and installing traffic striping, markings and markers per the striping plan, and all other work items as required to complete the work in place. Work under this item shall also include signs and posts as shown on the plans and painting of all existing red and green curb for Newport Center Drive East & West. Item No. 20 Record Drawings/As Built Plans (and DBE Certification if applicable): Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." SP 14 OF 21 Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING SP 15 OF 21 300-1.3 Removal and Disposal of Materials Add to this Section: "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 provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SP 16 OF 21 SECTION 302 ---ROADWAY SURFACING SECTION 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General. Add to this section; "Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type 11 slurry shall be applied at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading. Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301-4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "The asphalt concrete (AC) used for surface cap shall be Asphalt -Rubber Hot Mix Gap Graded (ARHM GG), the AC used for the base course shall be TYPE 11162 PG 64-10 all cracks'/ -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 (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated SP 17 OF 21 trucks must be approved by Engineer. The top 1-1/2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The SP 18 OF 21 Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A five day notice to the Engineer is required for requested to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter. Add to this section: 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 --- STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 307-17 TRAFFIC SIGNAL CONSTRUCTION 307-17.7.3.1 Inductive Loop Detectors. Amend this Section to include: "The number of sensor units and lead-in cables required to achieve the specified detection shall be installed. Lead loops shall be per City of Los Angeles Standard Plan S-70.1 D (Exhibit A), and placed immediately behind the limit line/crosswalk. Remaining presence loops shall be Type E, spaced 10 feet apart and installed per Caltrans Standard Plans ES -5A and ES - 5B. 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. All installed loop detectors, including advance detectors, shall be completely functional to the satisfaction of the Engineer within five (5) consecutive working days of AC pavement final course placement." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "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 SP 19 OF 21 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 the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thremoplastc striping. The primer shall be formulated for the intended application. 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. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section 310-5.6.11 Pavement Markers 310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: SP 20 OF 21 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." PART 6 SECTION 600 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES Add the following Section 600-2 - CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2 "CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General. Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling. Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 10, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative SP 21 OF 21 compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." F:\Users\PBW\Shared\Contracts\FY 11-12\C-4813 - Fashion Island Overlay & Slurry\SPECS C-4813.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4-1.1-1.2 Dept./Contact Received From: Date Completed: 4-13-12 Sent to: Shari By: Joel Company/Person required to have certificate: EBS Engineering Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9-28-11/9-28-12 A. INSURANCE COMPANY: Wausau Underwriters B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT—please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: N Yes ❑ No 1,000,000 ® Yes ❑ No N Yes ❑ No N Yes ❑ No N Yes ❑ No N Yes ❑ No ❑ Yes N No N N/A ❑ Yes ❑ No ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 9-28-11/9-28-12 A. INSURANCE COMPANY: Wausau Underwriters B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9-28-11/9-28-12 A. INSURANCE COMPANY: Wausau Underwriters B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach April 13, 2012 Date ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. �AC®R�N CERTIFICATE OF LIAI UTY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR D4/11 2012YY) 04/11/2012 PRODUCER LIC #OE28842 1-949-756-4100 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Invensure Insurance Brokers, Inc. POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LIMITS A HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17912 Mitchell South 09/28/11 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PREMISES En Dcoarence $300,000 Irvine, CA 92614 Bob Parent INSURERS AFFORDING COVERAGE MAIC# INSURED EBS General Engineering, Inc. INSURERA:WAUSAU UNDERWRITERS INS CO 26042 INSURER B: LI BERTY INS CORP 42404 MED EXP (Any one person) $Excluded 1320 E. Sixth St. 9100 INSURER C: INSURER D: Carona, CA 92879 INSURERE: X $5,000 Deductible COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSU REO NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD -L NSRD TYPE OFINSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MM1DQJYYI POLICYEXPIRATION DATEIMMJDDIYYI LIMITS A GENERAL LIABILITY YVJ-Z91-454286-011 09/28/11 09/28/12 EACH OCCURRENCE $1,000,000 PREMISES En Dcoarence $300,000 % COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $Excluded CLAIMSMADE a OCCUR PERSONAL&ADV INJURY $1,000,000 X $5,000 Deductible GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG $2,000.,000 POLICY X JECOT LOC A AUTOMOBILE X LIABILITY ANY AUTO ASS -Z91-454286-021 09/28/11 09/28/12 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) BODILY INJURY $ (Per Person) ALLOWNEDAUTOS SCHEDULEDAUTOS BODILYINJURY$ (Per accitlenl) X X HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGELIABILITY AUTO ONLY -EAAOCIDENT $ OTHERTHAN EAACC $ ANY AUTO AUTO ONLY: AGG $ B LIABILITY TH7-Z91-454286-041 09/28/11 09/26/12 EACH OCCURRENCE $3,000,000 OCCUR EICLAIMSMADE AGGREGATE $3,000,000 EESSIUMBRELLA $ DEDUCTIBLE IS RETENTION $10,000 A WORKERS COMPENSATION AND WCJ-Z91-454286-031 09/28/11 09/28/12 X TORYLIMITS I ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTN EWEXECUi1VE OFFICERIMEMSEREXCLUDED. X E. L.EACHACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 SPUna. tlesoibe antler ECIALPROVISIONSbO.o E.L. DISEASE -POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder;* is Additional insured per forms CG2037 07/04 & CG2033 07/04. Primary Non -Contributory LD 24 10 06 11, Auto Additional Insured form 4CA2048 02/99,Blanket GL waiver of subrogation CG2404 05/09 & Blanket WC waiver of aubrogation WC040306 4/84 & Auto Waiver of Subrogation WAS483 05 01 apply per attached. **The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are additional insureds. Project: Fashion Island Area Street AC Overlay and Slurry, Contract No. 4813, Newport Beach - EBS Job 912031 ,.cy,. r ucyn , vyuyuwu,.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL 9hyEIMWM MAIL 30* DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, �GY4L�F�SIYYR.FX 3300 Newport Blvd XIYnpffipfA(}iffiXihYYaAX�N%BALI(t%ffiJCI6'ffiX9FXXrI4ffiXP7ffiM77748NrX90k81Q�Jf8.ML`8Et]CS(tli[X XR29W.91[dfCWYN188XXXXXXXXXXXXXXX%XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Newport Beach, CA 92663 AUTHORIZED REPRESENTATIVE USA ACORD 25 (2001/08) klopez F� ©ACORD CORPORATION 1988 26593789 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on thereverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNDA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description "Any person or organization for whom the Named Insured has agreed by written contract to furnish a waiver provided you executed the contract before the loss" This endorsement is executed by the Wausau Underwriters Insurance Company Premium $ Effective Date 9/28/11 Expiration Date 9/28/12 For attachment to Policy No. WCJ-Z91-454286-031 WC 0403 06 Page 1 of 1 ED: 4/1984 Policy Number YVJ-Z91-454286-011 Issued by Wausau Underwriters Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY —SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Person or Organization: As required by written contract or agreement entered into prior to loss If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule that is an additional insured on this policy, this policy will apply solely on the basis required by such written agreement If the applicable written agreement does not specify on what basis the liability insurance will apply, this insurance shall be excess over any other valid and collectible insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis. Condition 4 Other Insurance of Section IV is revised accordingly. LD 2410 06 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: yva-z91-454286-011 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. � 1� Atl ' �1.1 1. � l.� r) l -_ 1 •1�0� � �._ 1 � L,� to i, L 1 \T�� � I \.���W �) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ! ations : Location And Description Of Completed Opera- tions City of Newport Beach, its elected or Fashion Island Area Street AC Overlay and appointed officers, agents, officials, Slurry, Contract No. 4813, Newport Beach employees and volunteers EBS Sob 412031 3300 Newport Blvd Newport Beach CA 92663 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 EBS General Engineering, Inc. COMMERCIAL GENERAL LIABILITY WJ-Z91-454286-011 CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. fU,f U , t1 , W ,lELWMW!A I ILI This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modified insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or :1ny person or uigarriaiiun that qualities as an insured per the "who is an insured" Organization(s): gro,isiun of the coverage fun.. Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. Policy No: ASJ-Z91-454286-021 Issued By: Wausau Underwriters Insurance Company Effective Date: 9/28/11 Expiration Date:9/28/12 Sales Office: 0600 Endt Serial No: CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. mg -mg- f �e� i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. The following is added to the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make under LIABILITY COVERAGE. B. The premium for this endorsement is a fully earned charge. Schedule Anv person or organization where the Named Insured has Premium: agreed, by written contract executed prior to the date of the Class Code: 7000 accident, to waive rights of recovery against such person or organization. Policy No: ASJ-Z91-454286-921 Issued By: Wausau Underwriters Insurance company Effective Date: 9/28/11 Expiration Date: 9/28/12 Sales Office: Endt Serial No: WA 84 83 05 01 Page 1 of 1 �E„PoRr = CITY OF ^„%;; i 0 2112 i NEWPORT BEACH 1, L2tRFM c7oaH'P City Council Staff Report Agenda Item No. T2� April 10, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer APPROVED: A �— TITLE: Fashion Island Area Streets Overlay and Slurry - Award of Contract No. 4813 ABSTRACT: Staff has received construction bids for the Fashion Island Area Streets Overlay and Slurry project and is requesting City Council's approval to award the work to EBS General Engineering, Inc. RECOMMENDATION: 1. Approve the project drawings and specifications. 2. Award Contract No. 4813 to EBS General Engineering, Inc. for the Total Bid Price of $1,886,120, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $95,000 (5%) to cover the cost of unforeseen work not included in the original contract. 4. Approve Budget Amendment No. BA12- 032 transferring $373,200 from (Account No. 7281-C2002043) to Account No. 7281-C2002046 and $488,948 from (Account No. 7181-C2002044) to Account No. 7181-C2002046. FUNDING REQUIREMENTS: Upon approval of the proposed Budget Amendment, there will be sufficient funding in the following accounts for the award of this contract. Fashion Island Area Streets Overlay and Slurry - Award of Contract No. 4813 April 10, 2012 Page 2 Account Description Account Number $1,886,120.00 Amount Measure M Turnback 7281-C2002046 $ 1,080,000.00 Water Enterprise 7511-C2002046 $ 50,000.00 Wastewater Enterprise 7541-C2002046 $ 15,000.00 General Fund 7281-C2002046 $ 373,200.00 General Fund 7181-C2002046 $ 488,948.00 Total: $ 2,007,148.00 Proposed uses are as follows: Vendor Purpose $1,886,120.00 Amount EBS General Engineering, Inc. Construction Contract $ 1,886,120.00 EBS General Engineering, Inc. Construction Contingency $ 95,000.00 American Geotechnical, Inc. Geotechnical Services & $ 25,528.00 Sequel Contractors, Inc. Materials Testing Various Printing & Incidentals $ 500.00 Total: $ 2,007,148.00 DISCUSSION: At 10:00 A.M. on March 29, 2012, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT Low EBS General Engineering, Inc. $1,886,120.00 2nd All American Asphalt $1,894,894.00 3`d The R.J. Noble Company $1,969,145.00 4th Hardy & Harper, Inc. $1,979,000.OQ 5th Palp, Inc. $2,098,740.00 6th Sequel Contractors, Inc. $2,128,950.00 The low total bid amount is 7 percent below the Engineer's Estimate of $1,996,650. The low bidder, EBS General Engineering, Inc. possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for the City of Newport Beach and other public agencies. The work necessary to complete this contract consists of distributing construction notices to affected businesses, construction surveying, removing existing pavement, reconstructing curb and gutter, curb access ramps, adjusting utility and survey facilities, and other incidental items of work Fashion Island Area Streets Overlay and Slurry - Award of Contract No. 4813 April 10, 2012 Page 3 necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilities with negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Ten days prior to starting work, a City prepared notice will be distributed by the contractor to businesses within the project limits advising them of the pending work. Additionally, a second notice will be distributed by the contractor to businesses two days before work will start adjacent to their property. Submitted by::// Stephen G. Badum Public Works Director Attachments: A. Project Location Map B. Budget Amendment 3 FASHION ISLAND AREA STREETS OVERLAY AND SLURRY LOCATION MAP I i[ems"wifilu LEGEND AC OVERLAY TYPE I SLURRY SEAL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT DATE: 11/03/11 DRAWN: SCALE: NTS' C-4813 ATTACHMENT "A" ■ Cit' - of Newport Beach i NO. BA- 12BA-032 BUDGET AMENDMENT 2011-12 AMOUNT: $asz,las.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance PX Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To transfer savings in expenditure appropriations from the Abalone and Crystal Cove and Bay Avenue Pavement Rehabilitation projects to the Fashion Island Area Streets Overlay and Slurry project to award contract with EBS General Engineering, Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed:�� 0�Financial Appro : Finance Director Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $373,200.00 $488,948.00 $373,200.00 $488,948.00 IZ ate Date Description Division Number 7281 Measure M - Turnback Account Number C2002043 Abalone & Crystal Pavement Division Number 7281 Measure M - Turnback Account Number C2002046 Fashion Island/Area Streets Overlay Division Number 7181 Gas Tax Account Number C2002044 Bay Avenue Pavement Rehabilitation Division Number 7181 Gas Tax Account Number C2002046 Fashion Island/Area Streets Overlay Signed:�� 0�Financial Appro : Finance Director Signed: Signed: City Council Approval: City Clerk Amount Debit Credit $373,200.00 $488,948.00 $373,200.00 $488,948.00 IZ ate Date t�"