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HomeMy WebLinkAboutC-4945 - Central Balboa and Newport Heights Alley and Street ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 26, 2015 Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Central Balboa & Newport Alley and Street Replacement — C-4945 Dear Nobest, Inc.: On February 25, 2014 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 4, 2014. Reference No. 2014000082444. The Surety for the contract is Merchants Bonding Company and the bond number is CAC100105. Enclosed is the Faithful Performance Bond. Sincerely, (}(� Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov This Bond was Executed in PREMIUM IS FOR CONTRACT TERM Two (2) Identical Counterparts AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE City of Newport Beach CE=NTRAL OALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT Contract No. 4945 BOND NO, cac100105 FAITHFUL PERFORMANCE BOND The premiumcharges on this Bond is $1 s 7 0 0 . o 0 being at the rate of $ 25.00/$15.00/$10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest Incorporated, hereinafter designated as the "Principal", a contract for construction of CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, Contract No. 4945 in the City of Newport Beach, in strict conformity with the plans, drawings, specificaflons, 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. 4945 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Merchants Bonding Company (Mutual) , 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, Three Hundred Twenty Thousand and 001100 Dollars ($1,320,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and. agreements in the Contract . Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 31 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 WITNESS WHEREOF, this instrument has been duly executeC7'�'T I and Surety above named, on the 2nd day of January 2013. L—AT22`1 NODI.A-ND Nobest Incorporated (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive Des Moines, IA 50321 Address of Surety (800) 678-8171 Telephone (VOTARY ACKNOWLEDGMENTS OF ATTACHED Arturo Ayala, Attorney -in -Fact Print Name and Title 32 AND SURETY MUST BE CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On January 2,2013 personally appeared before me, Ray E. Anderson/Notary Public (Here imerrmmme and title of the officer) Nodland who proved to me on the basis of satisfactory evidence to be the person(sj whose namcXis4re�subscribed to the within instrument and acknowledged to me that he/ffie�prexecuted the same in his/lyar*eif authorized capacityty�, and that by hisyaeffffieiF signature, on the instrument the personX, or the entity upon behalf of which the person acted, executed the instrument. I certify.under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KAY E. ANDERSON COMM. #1852452 O WITNESS y h and official seal NOTA ORA§RY NGE C-CALIFORNIA 7 G ORANGE COUNTY My Comm, ExpreeJene 13. 2013 (Notary seal) Signatire of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,;(Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) IN Corporate Officer President (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotmyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Catifomia must contain verbiage exactly as appears above in rhe notary section or a separate anbeowledgment form must be properly completed and aaached to that documentt The only exception is if a document is to be recorded outside of CnTrornia. In such imtances, any alu rnmive acknowledgment verbiage as maybe printed an such a document so long our the verbiage does not require the notary to do something that Is illegal for a notary in California ft e. cerl6wg the authorized capacity of the signer). Please check the document carefidfyfor proper notarial wording andattach thiaform ifregaired • State and County information must be the State and County where the document signer(s) personally appeared before the notary, public for acknowledgment • Date of notarisation must be the date that the signer(s) personally appeared which most also be the same dam the acknowledgment is completed. • The notary public must print his of her name as it appears within his or her commission followed by a comma and then your title (notary public). • Pont the name(s) of document sigeer(s) who personally appear at the time of notarization. • Indicant the correct singular or plural fomes by crossing off incorrect forms (i.e. tuansheh§wIr, is hare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a diff -event acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. O Additional information is not requved but could help to ensure this acknowledgment is not misused or attached to a different document 2, Indicate title or type of attached docuvrent, number of pages and date- d Indicant the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT ®..9 as a . . 9®. 9. 6®9. R ............... R. a ......¢........ t. 9®9. 9®........ 9... a. a State of California County of orange }ss, On 1/2/13 before me, Karen Ritto Notary Public, personally appeared Arturo Ayala .who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) istm subscribed to the within instrument and acknowledged to me that hem executed the same in hiskierAhek authorized capacity(, and that by hisAAWAftaiv signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si nature ren Ritto =Notary . RITTO Y965188ic-California CCOUNTY LLes Dec 30, 2015 (seal) ....Y ....... . ....... RRA ... C..d.......... ............. p.m ......... 9............. Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1/a/La Faithful Performance Bond Two No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEOICFO/COO _ President / Vice -President / Secretary / Treasurer X Other: Attorney -in -Fact Other Thumbprint of Signer Check here If no thumbprint or fingerprint Is available. Bond No. CAC100105 MERCHANT BONDING COMPANY - POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, Constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, reoognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012 . a•�"�SiV til/ �4 •"O�lu' f. Qe��• . mi+.Op►OH•ijt�p': ,.i, .9 :�m�' aA -e- ora: Z 1933 : c: '�• STATE OF IOWA �'• ..�` COUNTY OF POLK ss MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /--V77� President On this 27thday of February , 2012, before me appeared Larry Taylor, tome personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. r MARANDA GREENWALT 40xza e' Com Number 778312 Commission My Commission Expires • °W" • October 28, 2814 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of January 2013 _ ...... zoo3 POA 0014 (11/11) Secretary CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC FOR_..; May 7, 2014 Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Central Balboa & Newport Alley and Street Replacement - C-4945 Dear Nobest, Inc.: On February 25, 2014 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 4, 2014, Reference No. 2014000082444. The Surety for the bond is Merchants Bonding Company and the bond number is PB 11510400179. Enclosed is the Labor & Materials Payment Bond. Sincerely'4 , `OL'— Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www,newportbeachea.gov This Bond was Executed in PREMIUM IS FOR CONTRACT TERM Two (2) Identical Counterparts AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE City of Newport Reach CENTRAL RALD®A & NEVVPGRT HEIGHTS ALLEY AND STREET REPLACEMENT Contract No. 4945 BOND NO. CACI oolos LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest Incorporated, hereinafter designated as the "Principal," a contract for construction of CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, Contract No. 4945 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. 4945 and the terms thereof require the fumishing 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, Merchants Bonding company (Mutual) duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Million, Three Hundred Twenty Thousand and 001100 Dollars ($9,320,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the 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. 35 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 WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of January , 2013. L A iZ R `i sV %fid L AN D Nobest Incorporated (Principal) Merchants Bonding Company (Mutual Name of Surety 2100 Fleur Drive Des Moines, IA 50321 Address of Surety (800) 678-8171 Telephone Signature Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 00 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On January 2,2013 before me, Ray E. Anderson/Notary Public (Hem insertname and title of the officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personKwhose nameWis/Odsubscribed to the within instrument and acknowledged to me that h%shelli LW executed the same in his4wr*eff'authorized capacity, and that by hisjaetltieif signatureXon the instrument the persons}; or the entity upon behalf of which the personp)"acled, 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. KAY E. ANDERSON ZZ= COMM. #1852452 O a NOTARY PUBLIC -CALIFORNIA COUNTY O �s MY Comm. Expir sJJure 3.2013. c:....., .__o�rW_. (Notary Seal) ADDTPIONAL OPTIONAL INFORMATION F RIPTION OF THE ATTACHED DOCUMENT ,;(Tide or description of attached document) (Title or description ofattached docrurreat continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) I@ Corporate Officer President (ride) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008Version CAPAv12.10.07800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as oppews above in the rotary section or a separate ackuwledgment farm must be properly completed and attached to that document rhe only exception is tf a document is to be recorded outside ofCalifornia. In such instance; any alternative acknowledgment verbiage as maybe printed on such a document so long as the verbiage does nat require the notary to do something that Is illegal fw a notary in California It e. certifying the authorized capacity of the signer). Pieme check the document carglidlyjw proper notarial wwding and amtch dusfwm if required. • State and County information must be the State and County where the document Signer(s) personally appeared before the notary public furackntowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment Is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization, • Indium the correct singular or plural forms by crossing ofd incorrect forms (i.e. Wshchlivi.- is /are) a circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The rotary seal impression must be clear and photographically reproducible. Impression must not cove era or lines. If seal impression snmdges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. re Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a ditrerent document. v Indicate title or type of attached document, number of pages and date. O Indicant the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT mann... Nunn.. ............ N ................. urpffnauff mmmm amen mum ena man m mama. mvsm®r State of California County Of Orange ) ss. On 1/2/13 before me, Karen Ritto Notary Public, personally appeared - Arturo Ayala ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isAere subscribed to the within instrument and acknowledged to me that hely executed the same in hisAwnAPiin authorized capacity&*, and that by hisAxxAMs 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. 4KarSignature Ritto (sea]) No .... a.mmmm...no... .mmamm MIN ...... 0..mm........ No ............. mr Date of document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1/2/13 Labor and Materials Payment Bond Two 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 I Vice -President / Secretary I Treasurer x Other: Attorney-in-Fa9t Other 0 Thumbprint of Signer Check here if no thumbprint orfingerprint is available. KAREN L RITTo If COMM.H196518s M g Notary Public -California ORANGE COUNTY m My Comm. Expires Dec 30, MI (sea]) No .... a.mmmm...no... .mmamm MIN ...... 0..mm........ No ............. mr Date of document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1/2/13 Labor and Materials Payment Bond Two 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 I Vice -President / Secretary I Treasurer x Other: Attorney-in-Fa9t Other 0 Thumbprint of Signer Check here if no thumbprint orfingerprint is available. MERCHANTS� Bond No. CAC100105 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the 'Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly Of Orange and State of CA their true and lawful Aftomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority hereln given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed" In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012. * f.�ynm. 110�C O�N...... '• r: .�..••- . a MERCHANTS BONDING COMPANY (MUTUAL) $ of%O�Dg4 •: O? : �O'.OPPUq '9 ••• MERCHANTS NATIONAL BONDING, INC. ' v 0. 1933 _Y; S s�. y STATE OF IOWA COUNTY OF POLK ss. �""'^'"""•••" President On this 27thday of February . 2012, before me appeared LarryTaylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT Commission Number 770312 Exp My Commission Expires O11 October 28, 2014 Notary Public, Palk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of January 2013 ,.,.wn,...... ,,XIAG co POA 0014 (11/11) ipRq}pO�i .y020PPOggm92� h/�/.x/ L✓ci2-�l✓if�j, ' 3 ' s•: 1933 : c; Secretary 2003 i n - :y�. cti. J� Mrd in official Records, Orange County n � RECORDING REQUESTED BY,QND —Hugh-uguyen, Clerk -Recorder l II���lll�l�l II��IIIIII�IIIIII�I�IIIIIIII'�IIIIiIIIIIII'�III � , NO FEE WHEN RECORDED RETURN TO Ri 4 0 0 6 5 4 2 6 9 5 a 2014000082444 12:37 pm 03104114 City Clerk 047 422 N12 1 City of Newport Beach, . !_Q b0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive ,. Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" ` NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Nobest Inc. of Garden Grove, CA, as Contractor, entered into a Contract on January 8, 2013. Said Contract set forth certain improvements, as follows: Central Balboa & Newport Alley and Street Replacement (C-4945) Work on said Contract was completed, and was found to be acceptable on February 25, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Company. J BY ublic Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on (YAO/`6 at Newport Beach, California. V U BY 06Qk 0 City C erk 0 OF NEWPORT BEACH OFFICE OF THE CITY CLERK Uilani I. Brown, MMC February 26, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE:- Notice of Completion for the following project: + Central Balboa & Newport Alley and Street Replacement (Contract No. 4945) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely,A4�, y�A I NA,-- Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (94.9) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Nobest Inc. of Garden Grove, CA, as Contractor, entered into a Contract on January 8. 2013. Said Contract set forth certain improvements, as follows: Central Balboa & Newport Alley and Street Replacement {C-4945} Work on said Contract was completed, and was found to be acceptable on February 25, 2014, by the City Council, Title to said property is vested in the Owner and the Surety for said Contract is Merchants Bonding Company. Ll7 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 ��wL1, at Newport Beach, California. mvill"as z Agenda Item No. 6. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director — (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer PHONE: 949-644-3340 TITLE: Central Balboa & Newport Heights Alley and Street Replacement — Completion and Acceptance of Contract No. 4945 (CAP 12-0033). ABSTRACT: On January 8, 2013, City Council awarded Contract No. 4945 (Central Balboa & Newport Heights Alley and Street Replacement) to NOBEST, Inc., for a total contract cost of $1,320,000 plus a 15% allowance for contingencies. In addition, on September 24, 2013, City Council approved reconstructing East Bay Avenue and Alley 215 with decorative concrete pavers. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and C. Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount AD -100 Street Rehabilitation 74100-9804 $ 651,522.06 Water Enterprise Fund 7521-C2002059 $ 179,676.97 General Fund 7013-C2002059 $ 150,000.00 General Fund 7013-C2002057 $ 303,698.36 Waste Water Enterprise Fund 7541-C7001002 $ 18,000.00 Concrete Fund Measure M 7282-C2002017 $ 110,000.00 Resident Contribution Funding 7251-C2002057 $ 75.000.00 Total: $ 1,487,897.40 DISCUSSION: Overall Contract Cost/Time Summary vvarded Contract Final Cost at Contingency Actual Contract Contract Time Time Under (-) or mount Completion Target Chane (days) Over + 1,320,000.00 $1,487,897.40 15% or less +12.7% 218 0 The work necessary for the completion of this contract consisted of removing existing alley and street pavements and replacing with new concrete pavement, construction of new curb access ramps, adjusting utilities to grade and performing other appurtenant and incidental items of work as required. The alley and street pavement replacement included in this contract was the final work effort for the Utility Underground Assessment District 100 (Central Balboa). Deteriorated asphalt alley replacement in Newport Heights was also included in this contract. In addition, on September 24, 2013, City Council approved reconstructing East Bay Avenue and Alley 215 with decorative concrete pavers per residents' request and contribution of additional funds. 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: Actual cost of bid items constructed: Total change orders: Final contract cost: $1,320,000.00 $1,170,729.30 $317,168.10 $1,487,897.40 The final cost of bid items constructed was less than the original bid amount due to a deletion of work on Alley 113A -C and Alley 118-C in Newport Heights. Instead, replacement work for Alley 131 and Alley 132- A was added. The final construction contract cost was approximately 12.7 percent above the original bid amount. A portion of this cost increase resulted when resident requested decorative concrete pavers were added on Bay Ave and Alley 215. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule 8/05/2013 Project Awarded for Construction 1/08/2013 Contract Completion Date with Approved Extensions 12/20/2013 ENVIRONMENTAL Actual Substantial Construction Completion Date 12/20/2013 REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") 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 (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. ATTACHMENTS: Name: Description: D C-4945 Location Ma df Location Map NEWPORT ELEMENTARY SCHOOL 7 T A4L 2, 4LLE,�2 ........ I I i I . ..'J li-] .11 .. 1.] 1 !A .... ... .... ... 1 .... .... ... . .... ......... ...... . ... 7 T A4L 2, 4LLE,�2 !A ........... ..... . ..... ONT WEST OCEAN FRONT WEST f AU -11 �r E -117 --AF .......... Ij- T BAY AVE WEST BAY AVE EAST J1 I [ : T -TJ -�01 1 - HE` ,BALBOA BLVD. WEST J 1 iaifj-T'Ti`T �z -,, ll�z ------- - ------ EY F3 Sr ------ r LL OCEAN FRONT WEST OCEAN FRONT EAST I FRONT CENTRAL BALBOA PENINSULA = PROJECT LOCATION NEWPORT HEIGHTS E)CI WORK DELETED FROM ORIGINAL CONTRACT CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, C-4945 LOCATION MAP XlXl/ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4945 1 2/25/14 U) Lo r - N W J J Q 1�,&l Mel a 0 t a v D K STREET / EAST BAY AVE CITY OF NEWPORT BEACH CONCRETE PAVER ALLEY IMPROVEMENT PUBLIC WORKS DEPARTMENT LOCATION MAP I C-4945 1 2/25/14 a2EwvpR� = CITY OF NEWPORT BEEACH O d ex C��F00.NP City Council Staff Report Agenda Item No. 5 September 24, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb(a)newportbeachca.00v PREPARED BY: Frank Tran, Associate Civil Engineer 949-644-3340, ftran(aDnewportbeachca.gov APPROVED: '44.� AQ a n� v� TITLE: K Street/East Bay Avenue Concrete Paver Alley Improvement ABSTRACT: The residents on K Street and East Bay Avenue requested installation of decorative concrete pavers in their portion of East Bay Avenue and alley on the north side of Balboa Boulevard, east of K Street. Since the City is nearing completion of the Central Balboa and Newport Heights Alley and Street Replacement project, staff requested pricing from the contractor to reconstruct this portion of East Bay Avenue and alley with decorative concrete pavers. The amount quoted by the contractor was $130,240.00 which is consistent with the bids for other work included in the original contract. In accordance with Council Policy L-25, the residents have deposited $75,000.00 to fund the increased cost of decorative concrete pavers above the cost of standard improvements, RECOMMENDATIONS: Approve Budget Amendment No. 14BA-015 recognizing $75,000.00 contribution from the residents in Revenue Account No. 250-5901 and appropriating $75,000.00 to CIP Account No. 7251-C2002057; and appropriating $55,240.00 from the un -appropriated General Fund to CIP Account No. 7013-C2002057. FUNDING REQUIREMENTS: $75,000.00 in funds has been received from the residents on K Street and East Bay Avenue. It will be necessary to appropriate an additional $55,240.00 from the un- appropriated General Fund which will be added to the existing capital budget to complete the requested street and alley improvements. 1 of 2 K Street/East Bay Avenue Concrete Paver Alley Improvement September 24, 2013 Page 2 DISCUSSION: On January 8, 2013, City Council awarded Contract No. 4945, Central Balboa & Newport Heights Alley and Street Replacement, to Nobest, Inc., for a total contract cost of $1,320,000.00 plus a 15% allowance for contingencies. The required work is nearing completion and only 2.3% of the contingency funds have been expended to complete additional concrete improvements on the Peninsula and in Newport Heights. During the course of the project, the residents of East Bay Avenue near K -Street requested that their alley be improved with decorative concrete pavers as part of the improvement efforts on the Peninsula. They cited the cost savings of doing the work with the contractor already mobilized in the area. The contractor provided a price of $132,240.00 to complete the requested additional work which is consistent with cost of other work included in the original contract. The residents have deposited $75,000.00 with the City to pay for the increased cost of decorative concrete pavers above the cost of standard improvements per Council Policy L-25 (see attached). This Council action recognizes the funds deposited by the residents and appropriates the additional City general funds necessary 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) (maintenance activities with negligible expansion) 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 agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted b David A. ebb Public Works Director Attachments: A. Location Map B. City Council Policy L-25 C. Budget Amendment 2 of 3 of L-25 DECORATIVE CONCRETE PAVERS IN ALLEYS The City supports the beautification of public alleys by adjacent property owners. It is the intent of this policy to allow property owners to contribute funds to enhance the surface of alleys with decorative concrete pavers. GENERAL A. Installation is permitted in residential and commercial alleys upon approval of the Public Works Department. No person shall install decorative concrete pavers without first obtaining an encroachment permit from the Public Works Department. B. All improvements shall conform to City Standards and pavers shall conform to City Standard Drawing STD -144-L. The block choice, color scheme, and block pattern shall be approved by the Public Works Department. Traditional colors (ex: concrete gray, brick red) or blended color schemes that are readily available materials are required. C. The proponents for a decorative concrete paver project shall pay for the increased cost of the decorative concrete paver pavement section above the cost of standard improvements, if the alley is scheduled for alley replacement by the City. If the alley is not scheduled for replacement, the proponents shall be responsible for all costs associated with alley reconstruction (including design and construction services). D. Upon installation, the City will be responsible for maintenance of the concrete pavers during the design life of the product (20 years). During the maintenance period, every effort shall be made to match shape and color of replacement pavers. At such time the Public Works Director determines that the concrete pavers have deteriorated to an unacceptable condition and/or suitable replacements are unavailable, the proponents shall be given an opportunity to replace said pavers or the Public Works Department shall have the option of replacing the alley pavement with alternative standard materials. PROCEDURE A. The Proponents shall appoint a treasurer, trustee, escrow agent or fiscal agent (agent) to collect and record individual property owner contributions at the property owners expense and notify the City of the appointed agent in writing. 1 4 of 5 lwb l B. Proponents must circulate a City provided petition to owners adjacent to the alley where decorative concrete pavers are desired. The petition shall include product specifications, color palette, paver layout pattern, estimated project costs, and expected contribution amounts. Proponents shall submit samples and manufacturers specifications for review and approval. The petition shall be approved by the Public Works Department prior to initiating the project. C. More than 60% of the adjacent property owners per block where improvements are proposed must support the installation by signing the petition. However, support of the project does not make contribution mandatory, and the contributions among individual proponents may vary. D. Upon certification of the petition, City staff will prepare construction documents or modify budgeted alley resurfacing projects to include pavers. At this time the City may require a non-refundable fee to cover the administration and design costs of the project. The design and administration fee can vary between 5 and 15 percent of the anticipated construction cost. K Upon completion of construction documents, the remaining portion of the proponent's contributions are due within 30 days of invoicing from the City to the Proponents appointed agent. Said contributions shall be paid to the City by the agent in lump sum and deposited in a designated project trust account. Interest earned on the construction deposit, the project proceeds and on any proceeds received in excess of the cot of the project shall accrue to the benefit of the City. Once these funds are received, the City will obtain bids for the proposed project. If the contributions are sufficient to cover the bid price of the project, construction management, inspection, administration and reasonable contingencies, staff will seek City Council approval to recognize the contributions, appropriate the expenditures for the project, award the contract to the successful bidder, and proceed with the construction. Any principal proceeds in excess of the design, construction and administration of project shall be returned to the appointed agent after the Public Works Department has accepted the project, the final retention has been paid and a final accounting of the project cost has been prepared. Adopted - August 24, 2004 Amended - April 12, 2005 2 5 of City of Newport Beach NO. BA- 14BA-015 BUDGET AMENDMENT 2013-14 AMOUNT: 5130,240.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations in the amount of $75,000 to reflect the residents' contribution toward the K Street/East Bay Avenue Concrete Paver Alley Improvement and to increase expenditure appropriations from General Fund reserves in the amount of $55,240 to reflect the City's required expense. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (360 1) Fund/Division Account 250 5901 EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit General Fund - Fund Balance $55,240.00 Description Private Contributions/Donations $75,000.00 Signed: "LvlPY FinandtarApproval: Finance Dc r // Date Signed: Nl,l� It Administrative -Approval: City Mana er Date Signed: City Council Approval: City Clerk Date Description Division Number 7013 General Fund - Capital Street Projects Account Number C2002057 Asphalt Alley Replacement $55,240.00 Division Number 7251 Contributions Fund Account Number C2002057 Asphalt Alley Replacement $75,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: "LvlPY FinandtarApproval: Finance Dc r // Date Signed: Nl,l� It Administrative -Approval: City Mana er Date Signed: City Council Approval: City Clerk Date CITY CLERK 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 19;" day of December, 2012, at which time such bids shall be opened and read for ALLEY AND STREET is Title of Project Contract No. 4945 $ 1,700,000.00 Engineer's Estimate Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5671 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" For further information, call Frank Tran, Proiect Manager at (949) 644-3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.Newr)ortBeachCA,qov CLICK: Online Services /Bidding &Bid Results City of Newport Beach 54LEQ4 lLq mel T M'az 0 NOTICE INVITING 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...,.. ... ........... _ ... ___ ....... ..... 35 PROPOSAL.............. ................ ....................... __ .............. ................... ..... PR -1 SPECIAL PROVISIONS ............ _ .... _ ................................. ................. _ ...... ......... SP -1 2 manylam' 2 w s: 111, w:0. [ N Nwom k, I ON -.1r w { PEMMLIMIM 1. 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 cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the.outside of the envelope containing the documents. 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. 6. 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. 3 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 et 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. v Contractor's License No. & Classification MET M • � '� � a i 'i # #� 71, NBC!% ♦ �s State of California County of Orange On / —/ , j , before me, Kay E. Anderson/Notary Public (Hem insertmentoand title of the officer) personally appeared who proved to me on the.basis of satisfactory evidence to be the person(sj whose nameXis/,,are subscribed to the within instrument and acknowledged to me that he/ lae9exeouted the same in his/ilel/t�xeiY authorized capacity�jes ,and that by his(�ef/tjz si lature,Won the instrument the person; or the entity upon behalf of which the personWacted, 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. F411)0goY W\IC/791YC1WU1f ►i-8j1]-7�f , W DESCRIPTION OF THE ATTACHED DOCUMENT or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date_________,. (Additional information) CAPACITY CLAIMED BY THE SIGNER �- KAY E.ANtJEftSpN and acial Seal. 0 COMM. #1$52452 Ute* E- (] I �''�f� NOTARY PUBLIC -CALIFORNIA .,.� ORANGE C8UNTY (tile) +t My Comm Expireslune 13. 2")73 A �_ (Notary Seal) m4 ❑ ary Public ❑ Other F411)0goY W\IC/791YC1WU1f ►i-8j1]-7�f , W DESCRIPTION OF THE ATTACHED DOCUMENT or description of attached document) (Tide or description of attached document continued) Number of Pages Document Date_________,. (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer President (tile) ❑ Parmer(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NolimyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate an6rowledgmem farm must be properly completed and coached to that document. The only exception is if a dncument is to be recorded outside of California In such inane, any alternative acknowledgment verbiage as maybe printed on such a document so tong as the verbiage does not require the mdmy to do something that a illegal far a notary in California (i. e. certifying the authorized capacity of the signer). Please check the document emefullyfor proper notarial wording and attach thisform if required • State and County information must be the State and County where did document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her more as it appears within his or her commission followed by a comma and then your tide (notary public). • Print the name(s) of document signers) who pensionary appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (io. hetaliabWeyr. is tare ) or circling the caned forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • 'Me notary seal impression must be clear and phmographicalty reproducible. Impression must not cover text or tines. If seal impression smudges, re-scal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the artery public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document City of Newport Beach CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT Contract No. 4945 BIDDER'S BOND Bond No. NOBIN-74 * ** 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 ($ to 0 of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, Contract No. 4945 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. *Nobest Incorporated **Merchants Bonding Company (Mutual) 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 4th Nobest Incorporated Name of Contractor (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive Des Moines, IA 50321 Address of Surety (800) 678-8171 Telephone day of December 2012. Arturo Ayala, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & SuretV must be attached) 61 JillMCI o y State of California County of Orange On before me, Kay E. Anderson/Notary Public (Here inert seal and title of the otiicer) personally appeared who proved to me on the.basis of satisfactory evidence to be the person ) whose nameW is/oc subscribed to the within instrument and acknowledged to me that he/fe%ht wexecuted the same in his/ tar*eir'authorized capacity, and that by his/}Iet7t�Z iF signature Won the instrument the person; or the entity upon behalf of which the personSq)`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. DESCRIPTION OF THE ATTACHED DOCUMENT „(title or description of attached document) (Title or description of attached document conihtued) Number of Pages_ Document Date_______ (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ KAYE.ANDEPWN and official seal. lr_ COMM, #1852452 a _President I }- \L•,;, NOTARY PUBLIC -CALIFORNIA GRANGE COUNly }! y V . MYComm. Expires June 13, r?67�i y -c--0 Attomey-in-Fact (Notary Seal) Trnstec(s) ary Public Other DESCRIPTION OF THE ATTACHED DOCUMENT „(title or description of attached document) (Title or description of attached document conihtued) Number of Pages_ Document Date_______ (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) W Corporate Officer _President (ritle) ❑ Partial ❑ Attomey-in-Fact ❑ Trnstec(s) ❑ Other 2048 Version CAPA vl2.14.t37 goo -873-9865 www.NataryCtasses.com INSTRUCTIONS FOR COMPLETING THIS FORM AW acknoaledgmeir completed in California must contain verbiage exactly as appears above in the notary section or a separate ac,4rowtedgment form most be properly completed and attached to that decimal The only exception is if a document is to be recorded outside ofCalrforma In such instances, any altereafvc acknowledgment verbiage as maybe printed on each a document so long as the verbiage does not require the notary to do something that it illegal for a notary in California ri e. cert jying the authorized capacity of the signer}. Please check the document carefallyfor proper notarial wording and attach thisfarm ifregaired. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment: • Date of notarization must he the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signers) who personally appear at the time of nerarization • Indicate the comet singular or plural forms by crossing off incorrect forms (ie. halsheldwyl is taro ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of ducteralrecording, • The entity seal impression must be clear and photographically reproducible. Impression most not cover tela[ or lines. If seal impression smudges, rel seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file 'wall the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and data. 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of _-Orangee On 12/4/12 before me, --Susan -PughNola u tic Date nt Name and Title of the officer personally appeared -- Arturo who proved to me on the basis of satisfactory evidence to be the person(X) whose name(* is/me subscribed to the within instrument and acknowledged to me that he/sbeAbm executed the same in his/biarAlbW authorized capacity(im), and that by his/kerAhvir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 hat)d and official seal, V Signature Place Notary Seal Above -41at�4- 4 to SusabRtig_hh/ rola 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 Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Arturo Ayala 11 Individual El Corporate Officer — Title(s):---,- 0 Partner -- 0 Limited 0 General V Attorney in Fact Ej Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Number of Pages: One Signer's Name:— 0 Individual Ej Corporate Officer -- Title(s): — Partner -- [J' Limited 0 General Ci Attorney in Fact ❑ Trustee 0 Guardian or Conservator El Other: Signer Is Representing: 0 2007 N.trenrf Now, 4r.ictimn -9350 La S= AvePO, B., 1402 - Gh.'..rth, cA 9131 3-2-02 - w.Natklnaflrfably.r; Item -5907 Re.rd.r. C.11 TA -rice 1-800 876U6527 PUGH=SUSAN CoyI4t1s3422a ho ;Notary Public -California ORANGE CoUNTy My Comm. A,2t,2015 who proved to me on the basis of satisfactory evidence to be the person(X) whose name(* is/me subscribed to the within instrument and acknowledged to me that he/sbeAbm executed the same in his/biarAlbW authorized capacity(im), and that by his/kerAhvir signature(x) on the instrument the person(s), or the entity upon behalf of which the person(x) 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 hat)d and official seal, V Signature Place Notary Seal Above -41at�4- 4 to SusabRtig_hh/ rola 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 Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Arturo Ayala 11 Individual El Corporate Officer — Title(s):---,- 0 Partner -- 0 Limited 0 General V Attorney in Fact Ej Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Number of Pages: One Signer's Name:— 0 Individual Ej Corporate Officer -- Title(s): — Partner -- [J' Limited 0 General Ci Attorney in Fact ❑ Trustee 0 Guardian or Conservator El Other: Signer Is Representing: 0 2007 N.trenrf Now, 4r.ictimn -9350 La S= AvePO, B., 1402 - Gh.'..rth, cA 9131 3-2-02 - w.Natklnaflrfably.r; Item -5907 Re.rd.r. C.11 TA -rice 1-800 876U6527 MERCHAN Bond No. NOBIN-74 BONDING POWE Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of; TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undehakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012. •• r 3'�mi.,: t .^tom',.. G% i • •Ci ;. A "•C3 ?ri." `d 1933 : c. ++�`°'a.. STATE OF IOWA xtj• ,,,� ""'^r's"'�`• '°e ` COUNTY OF POLK ss. far: MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. BY President On this 27th day of February 2012, before me appeared Larry Taylor, to his personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. . MARANDA GREENWALT Commission Number 770312 ,+'- a»A ° My Commission Expires October 28, 2644 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wiliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL. BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of December2012 .ugrN,ry�. •s. POA 0014 (11/11) secretary •Z. oyd�� 1933 •"' far: secretary LOM F� •• - DESIGNATION OF SUBCONTRACTOR(S) 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 Description of Work %of Number Total Bid Name: Caee Logia' Address: / jf Phone:°] t c State License Number: ( � (4/ Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder E: Contractor must use this form!!! Please print or type. 7-,y, 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. t Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N i"J1 1111 MGM Page 1 No. I Project Name/Number: La Cuarta Street Reconstruction Project Description: Concrete Construction, Asphalt Overlay, Water Line Replacement Approximate Construction Dates: From: 6/2011 To: 9/2011 Agency Name: City of Whittier Contact Person: Kyle Cason Original Contract Amount: $1,022,001 No. 2 Telephone: (562)567-9511 Final Contract Amount: $ In Progress Project Name/Number: Ocean Front Street and Alley Replacement Project Description: Remove & Replace Concrete Alleys, Streets, Curbs & Gutters, Sdwk Approximate Construction Dates: From: 3/2011 To: 8/201.1 Agency Name: City of Newport Beach Contact Person: Mike Sinton Telephone: (949) 644-3342 Original Contract Amount: $ 907,000 Final Contract Amount: $ In Progress Page 2 No. 3 Project Name/Number: Maintenance Service Agreement Project Description: Remove & Replace Concrete at Various Locations Approximate Construction Dates: From: 10/2010 To: 10/2011 Agency Name: City of Westminster Contact Person: Todd Miller Original Contract Amount: $ 345,000 No. 4 Telephone: (714) 681-3020 Final Contract Amount: In Progress Project Name/Number: Annual Concrete Maintenance Project Description: Removal & Replace Concrete Sdwks., WC Ramps, Curb & Gutter Approximate Construction Dates: From: 8/2010 To: 8/2011 Agency Name: City of Huntington Beach Contact Person: Dereck Livermore Telephone: (714) 960-8861 Original Contract Amount: $ 250,000 Final Contract Amount: $ In Progress Page 3 No. 5 Project Name/Number: Citywide Sidewalk & Curb & Gutter Imp. 2009-10 Project Description: Remove & Replace Concrete Approximate Construction Dates: From: 2/2011 To: 5/2011 Agency Name: City of Corona Contact Person: Rosario Ruvalcaba Original Contract Amount: $ 578,711 No. 6 Telephone: (951) 739-4813 Final Contract Amount: $ 450,677 Project Name/Number: Residential Street on the Tree Petition List Project Description: Remove & Replace Concrete, Landscape, Trees Approximate Construction Dates: From: 11/2010 To: 3/2011 Agency Name: City of Huntington Beach Contact Person: Joseph Dale Telephone: (714) 536-5915 Original Contract Amount: $ 589,000 Final Contract Amount: $ 621,900 Page 4 No, 7 Project Name/Number:.Pacific Blvd. Improvements Project Description: Concrete Construction, Grading, Electrical & Landscape Approximate Construction Dates: From: 912010 To: 412011 Agency Name: City of Huntington Park Contact Person: Wes Lind Original Contract Amount: $ 782,204 Telephone: (626) 447-4274 Final Contract Amount: $ 833,604 Project Name/Number: Old Town Resurfacing Program Project Description: R & R Concrete Sidewalks, Curb & Gutter and. Alleys Approximate Construction Dates: From: 412010 To: 11/2010 Agency Name: City of Seal Beach Contact Person: David Spitz Telephone: (562) 431-2527 Original Contract Amount: $1,500,000 Final Contract Amount: $ 1,730,000 No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. IN No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc,) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against youiContractor? If yes, briefly explain and indicate outcome of claims, 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone { ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other informai sufficiently comprehensive to permit an appraisal of the Contractor's curr nt linan conditions. Bidder AuthorizeftiohaturefNe 12 _Loya. a • a a __ REPLACEMENT • a State of California ) ) ss. County of Clt�aG �, being first duly sworn, deposes and says that he or she is ftp well i� of <N e`e e :ane : 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. 1 declare under penalty of perjury of the laws of the State of California tkat thpJbregping isktrue end correct. Bidder Subscribed and sworn to (or affirmed) before me on this day of , 2012 by #z' t g ,1 proved to me on the basis of satisfactory eviderike to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. H, 13 Notary'Puic p d My Commission Expires: G 0j KAYE, ANDERSON [SEAL] COMM.#1857452 O 852452 CS r• ® NOTARY PUBLIC 1 i ONANGEGOUNTY „s i'AyC i m. Esprteswne. 13. 2 13 y v o 13 Notary'Puic p d My Commission Expires: G 0j . ■OWNS IT, 113 3 IM MUMM19., DESIGNATION OF SURETIES Bidders name `" ''551� 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): the rc i,? / .} to e -f 1-"'(a fe Vd ' qq4' 14 r� w A � ♦ � r�.M Lommmail /!♦ 1 . i _ IFIDI[STRIAL SAFETT w._ i> BiddersTO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102, 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No, of contracts 136) } � t 10 ;2�r Total dollar Amount of Contracts (in t� l f � � � 112 1 ( 7a) � � , Thousands of $ No. of fatalities 61, 0 No. of last Workday Cases g � %,° No. of lost workday cases involving permanent F (� transfer to another job or termination of em to ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102, 15 Legal Business Name of Bidder rflJ j - Business Address Business Tel. No.:r� State Contractor's License No. and Classification: `I _ Titler� 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 t °2 Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 16 a '1 C z a ► I X 4W, • ' �> State of California County of Orange On ) { before me, Rav E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Notiland and Robert Nodland 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)re subscribed to the within instrument and acknowledged to me that e%they executed the same in i}.is eltheir authorized capacity(ies), and that by l}t's' )e&eir 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 PENAL'T'Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. -- _ KAYE ANDERSON WITNESS my ban d official seal. GOlPM. 1k1852452 0 Q u; NOTARY PUBLIC. CALIrORN1A ORANGECOUNTY 2073 p� (Notary Seal) �`.Tp'""-"'w�-moo. Signa eofbiotary Public .....��,o„� ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT „('rine or description ofaumbed document) (Tine or description of attached document continued) Number of Pages _ Document Date___,_ _�.-. (Additional information) CAPACITY CLAIMED BY THE SIGNER CI Individual (s) O Corporate Officer (rine) 0 Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 804873-9865 www.NntaryCtasses.cam INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary serum or a separate acknowledgment form must be property completed and attached to that document The only exception is tf a document is to be recorded awards of Califania fn such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California If e. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach thisform if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of runarization must be the date that the signers) personally appeared which most also be the same dam the acknowledgment is completed. • 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. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #alshejthey;- is taro) or circling the cornet forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression most not cover mut or Imes. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. S Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. as Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tine (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Citv of Newport Beach Mrs T Biddersname kake"5-vf- �- The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature , { 3ey , 17 ft • • ♦` Y ♦ �: • Lemrm-19 I I 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: ` n ( Business Address: �760 f7rG/ r a, Telephone and Fax Number:fiG I California State Contractor's License No. and Class:. ;5 �C,A (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date:' List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: 144 , ke- I e w,- G 4 t ; A 41 fie/' 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 /V Title Address Telephone Corporation organized under the laws of the State of µ� 4,-1,101-n r ej The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: 14'// All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties` claims and defenses; you ever had a contract terminated by the owner/agency? If so, explain. ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab r -compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes . Are any claims or actions unresolved or outstanding? Yes N If yes,tp,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. Bidder Date on 1'2- -11 — before me A�j E. AVIZ)&*§C>AJ Notary Public, personally appeared a , who proved to me on the basis of satisfactory evidence t6 be the personXwhose nacre )" isleW subscribed to the within instrument a d acknowledged to me that he/pe?tkr executed the same in hisl>edp r authorized capacity and that by histhef% signature,W on the instrument the personnor the entity upon behalf of which the person�sj 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. "' * (SEAL) is ir#n4 for said State" - CAj4p0gMjA My Commission Expires: —/'5 __ of 20 KAY E. ANDERSON M COMM. #1852452 0 NOTARY PUBLIC -CALIFORNIA 0 \ _ 7 ORANGE resCOUNTY My Can-ExRhesturre I3. 2Q13 The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 'i 9 M f�' xi. MA LIN 11:091f J, NDOLL"; 0f CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this � ay of 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and NOBEST INCORPORATED, 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 removing existing asphalt or concrete alleys and streets, constructing new concrete alleys and streets, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. 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. 4945, 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 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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, Three Hundred Twenty Thousand and 00/100 Dollars ($1,320,000.00). 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: LeII' City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Frank Tran (949)644-3340 Nobest Incorporated 7600 Acacia Avenue Garden Grove, CA 92841 (714)892-5583 (714) 373-0039 - Fax F. INSURANCE REQUIREMENTS —CONSTRUCTION 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not rneet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 23 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements, 1.3.1 Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance, Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, 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. 1.3.4 Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, M1 including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: ® A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and ® Policies shall "follow form" to the underlying primary policies. ® Insureds under primary policies shall also be insureds under the umbrella or excess policies. 1.3.5 Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 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, 1.3.6 Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period dedicated to this Project. The CPL shall be obtained on an occurrence basis for a policy term inclusive of the entire period of construction, If all or any portion of CPL coverage is available only on a claims -made basis, then a 10 -year extended reporting period shall also be purchased. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fu€nes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim 25 which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. [Note: this provision can be waived if there is no known or suspected pollution at the project site. This provision is also not applicable to maintenance and repair contracts unless there is a known pollution risk.] 1.4 Other Insurance Reauirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4. Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file 26 with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subagreements. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. 1.5.4 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. 1.5.5 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. 1.5.6 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.7 City Remedies for Non Compliance. If Contractor or, any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 27 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the project or to obtain coverage for completed operations liability for an equivalent period. 1.5.10 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 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 28 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. 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 be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. 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. 29 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 ATTEST: Date: A ;JJ J•/I ` r Leilani I. Brown City Clerk ® 9 ca Ll Fo 30 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chart lr�i� �G Date: By: Keith D. Curry Mayor NOBEST INCORPORATED California corporation By:�C'4 �Coroa e Officer Title: President Print Name: Larry Nodland Date: ( -) By: Z, 7 (Financial Office Title: Secretary Print Name: Robert Nodland II Date: l �. State of California County of Orange On January 2, 2013 before me, Kay E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland II who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),, sfa` re subscribed to the within instrument and acknowledged to me thal:Ji / helthey executed the same in this•'/17ef/their authorized capacity(ies), and that by W4,eetheir 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.IURY under the laws of the State of California that the foregoing paragraph is true and correct. and official seal. 3UYE APtIdERSON COMM #1852452 O w O U W NOTARYPUBUC -6At iFORNIA (� I ORANGE COUNTY my comm Exo-sesjune 13, 2013 (Notary Seal) sus nary Public DESCRIPTION OF THE ATTACHED DOCUMENT „(Title ar deartiption o€attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873.9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acilmowlecigment completed in California most contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded awside of California In such instances, any alternative ack+awledgment verbiage as may be printed an such a document so tong as the verbiage does not require the notary to do something that is illegal for a notary in California (ie. cert Eying the authorized capacity of the stgner). Please check the document carefullyfor proper notarial wording and attach thisform if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signers) personally appeared which must also be the same date the aclusewledgment is completed. • The notary public most print his or her name as it appears within his or her cwmndssion followed by a comma and then your title (notary public). • Print the nome(s) of document signers) who personally appear at the time of notarization • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hatsheAkey- is /are) or circling the correct foots. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression most be clear and photographically reproducible. impression most not cover text or lines. If seal impression smudges, re -acid if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk ti Additional information is W required but could help m ensure this acknowledgment is not misused or attached to a different document. • Indicate tide or typo 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 This Bond was Executed in PREMIUM IS FOR CONTRACT TERM Two (2) Identical Counterparts AND IS SUBJECT TO ADJUSTMENTBASED ON FINAL CONTRACT PRICE City of.Newport Heath CENTRAL DAL OA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT I30ND NO. CAC100105 a . ,... a 0 /. The premium charges on this Bond is $16 700 00 being atthe rate Of $ 2s.00/$15.00/$10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Nobest Incorporated, hereinafter designated as the "Principal", a contract for construction of CENTRAL BALBCA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, Contract No, 4945 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. 4945 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Merchants Bonding Com any (mutual) '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, Three Hundred Twenty Thousand and 001100 Dollars ($1,320,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 31 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 WITNESS WHEREOF, this instrument has been duly executed by-ti7e—P+lPr4ial and Surety above named, on the 2nd day of, January , 2013. 'N 1--ARe�f NODLAJ-41> Nobest Incorporated (Principal) I ai� Merchantsmp Bonding Coanv (Mutual) jNa-ne of Surety 2100 Fleur Drive Des Moines, 12, 50321 Address of Surety (800) 678-8171 Telephone NOTARY ACKNOWLEDGMENTS !, ATTACHED . To Arturo Ayala, Attorney-in-Faot Print Name and Title 32 State of California County of _ Orange January 2,2413 before me, Kay E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personfgf whose nameWis/a,Fesubscribed to the within instrument and acknowledged to me that he/shdTwrexecuted the same in his/harfWauthorized capacitygesl, and that by his/jmrrffierr signature Won on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify.under PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraph is true and correct. — KAY E. AN rnSON /-�.�r COMM ❑ #1852452 0 and official seal O A�=A,. % NOTARY PUBlc CALIFORNIA � erwncr c+t;ra'rr c.amm. Exp la. avne 13, 2.1 (Notary Seal) (Two) any Public Partner(s) DESCRIPTION OF THE ATTACHED DOCUMENT (Titre or description of attached document) (Title or description of attached document continued) Number of Pages___ Document Date. (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Two) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2005 Version CAPA vl2.10.07 800-873-9865 www.NocmyCla es.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California most contain verbiage exactly as appears above in the notary seaum or a separate achnowledgment form must be properly completed and attached to that document The only exception is if a document a to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the rotary to do something that is dlegal for a rotary in California fir e. certifying she authorized capacity of the signer). Please check the document carefullyjar proper notarial wording and attach thisfarm if required • State and County information must be the State and County where the document signer(s) personalty appeared before die notary public for acknowledgment ® Date of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. a The notary public most print his or her name as it appears within his or her commission followed by a comma and then your title (notary public)- ® Print the names) of document signer(s) who personally appear at the time of notarization. ® Indicate the correct singular or plural forms by crossing off incorrect fomes (i.e. Wshe/f w, Ls /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. a The notary seal impression most be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, reseal if a sufFicient arca pemiits, otherwise complete a difftrem aciaowledgmcat form. • Signature of the notary public must match the signature on fife with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. •a Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CFA, CFO, Secretary). e Securely attach this document to the signed document ®Fl®nava6naDeqUsqva....om®vqvvggfiv....unmoeq................ q A agevop 0.00 pavvae.I State of California County of Orange On 1/2/13 before me, Karen Ritto Notary Public, personally appeared Arturo Ayala ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istEm subscribed to the within instrument and acknowledged to me that he4sheftey executed the same in hishluxkhek authorized capacity(#*, and that by hisP4gWAhs* signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si nature ren Ritto (seal) q®eqveaemqee0ativegq®®gege®voBe®.......emenam no" evpn0@a ma.H60e vBvzq..... qqo gvee Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPPIONAL INFORMAPION Faithful Performance Bond No Type of Satisfactory Evidence: Personally Known with Paper Identification _— Paper Identification Credible Witnesses) Capacity of Signer _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President! Vice -President/ Secretary/ Treasurer X Other: Attorney -in -Fact Other 34 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. L Rrr COMIY.#1So5188 n le Notary Public -California p -no cuKAREN COUNTY a My ORANGE Ca m. Expires Dec 209.5 (seal) q®eqveaemqee0ativegq®®gege®voBe®.......emenam no" evpn0@a ma.H60e vBvzq..... qqo gvee Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPPIONAL INFORMAPION Faithful Performance Bond No Type of Satisfactory Evidence: Personally Known with Paper Identification _— Paper Identification Credible Witnesses) Capacity of Signer _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President! Vice -President/ Secretary/ Treasurer X Other: Attorney -in -Fact Other 34 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. MERCHANTS Bond No. CAC1001.05 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000,06) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seat of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shalt have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and seated this 27thday of February . 2012 `JkG CO �PO,q�'Dq'. 1-:_ -o- •z: yJ.. 1933 STATE OF IOWA COUNTY OF POLK as. +ria•"':""' MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By 7,7� President On this 27thday of February . 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seats of the Companies; and that the said instrument was signed and seated in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Oficial Seal at the City of Des Moines, Iowa, the day and year first above written. . MARANDA GREENWALT �F Commission Number 770312 / •• My Commission Expires fl ` ow" October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby cantly that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 2nd day of January 2013 rvrr, POA 0014 (11111) C a`Q'OV��PO,Qq�9ye•, a�l;plp"Aj,<gC7a,. 4 • V 2Qv33 •.s• 19330. _ c: Secretary This Bond was Executed in PREMIUM IS FOR CONTRACT TERM Two (2) identical Counterparts AND IS SUBJECT TO ADJUSTMENTBASED ON FINAL CONTRACT PRICE Coiu o'f Ne��®r� Ee��h CENTRAL BALBOA & NEWPORT HEIGHTS ALLEN' AND STREET REPLACEMENT BOND NO. cAc ocios WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobest Incorporated, hereinafter designated as the "Principal," a contract for construction of CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT, Contract No. 4945 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 Reach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4945 and the terms thereof require the fumishing 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, Merchants Bondinq Comrany (mutual) 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, Three Hundred Twenty Thousand and 001100 Dollars ($1,320,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach Linder 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. 35 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 WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of, January 2013. Nobest Incorporated (Principal) Merchants Bonding Company (Mutual Name of Surety 2100 Fleur Drive Des Moines IA 50321 Address of Surety (800) 678-8171 Telephone Signature Arturo Ayala, Attorney -in -Fact Print Name and Title NOTARY 1, RA .',il AND SURETY MUST BE ATTACHED _:_ 36 State of California County of _ Orange On January 2,2013 Y ", iWWRIM *1 1 M1 MIMITUMNIft before me, Kay Em Anderson/Notate Public (Flare insert came and title of the officer) personally appeared Larry Nodland who proved to me on the_basis of satisfactory evidence to be the personf4whose name(Wis/pPe`subscribed to the within instrument and acknowledged to me that he%hel executed the same in his/,bor*eif authorized capacity(losl, and that by his;.Oi&/tJa,eifr signaturSWon the instrument the person; or the entity upon behalf of which the persons acted, executed the instrument. I certify. under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' KAYE.ANDEFtSDN official seal. COMM.#1852452 0 4C a!^*' NOTARORANGE RN ORANGE iA ,.{ OM1,, MYCQ:Tm_&pir�JUn613. 2013 {yr . ... t"OTaIy .CJCaI) DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Tide or description of attached document continued) Number of Pages _ Document Date_ T (Additional infuriation) �......._W. CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) [� Corporate Officer President (rifle) ❑ Partner(s) ❑ Attorney -in -Fact 0 Trustees) ❑ Other 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that dacte errs. The only exception is if a document is to be recorded outside ofCalifornta. In such instawas, any afteriumve acknowledgment verbiage as rmy be printed on such a document so long as the verbiage does nus require the notary to do something that is illegal fir a notary in California tie. certifying the mabornend capacity of the signer). Please check the document carefutyforproper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public most print his or her time as it opposes within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the note of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (Le, iro'sheigus r is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible_ Impression most not cover test or lines. If seal impression smudges, re -seal if a sufficient axes permits, otherwise complete a ditrerent acknowledgment form. • Signer= of the notary public must match the signature on file with the office of the county clerk. •'r Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document /11C�"c�i111+1i� ..a.....v......p...a am Vva..A.... Dam o v¢vv.a.aea. as 6e va v.......... 464666. a. a v ev®v State of California County of orange }ss. On 1/2/13 before me, Karen Ritto Notary Public, personally appeared Arturo Ayala ,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/a4v_-q4qy executed the same in histkswAhzir authorized capacity, and that by hisbkwAkeir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Kar8n Ritto (seal) .... 004¢1 ...... a .... g ...... Au ... 0 ................. M..... 6 age..... woo ......140aI Date of Document Type or Titte of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1/2/13 Labor and Materials Payment Bond Two km 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 I Vice -President I Secretary / Treasurer X Other: Attorney -in -Fact Other Information: Thumbprint of Signer Check here if no thumbprint orfingerprint is available. KAREN L. RI'tTo ` ' COMM. N19e5].88 `� - Notary Public -California rc '' ORANGE COUNTY xa My Cam". Uolres Dec "0, 2015 (seal) .... 004¢1 ...... a .... g ...... Au ... 0 ................. M..... 6 age..... woo ......140aI Date of Document Type or Titte of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1/2/13 Labor and Materials Payment Bond Two km 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 I Vice -President I Secretary / Treasurer X Other: Attorney -in -Fact Other Information: Thumbprint of Signer Check here if no thumbprint orfingerprint is available. MERCHANTS hTTS Bond No. CAC100105 BONDING COMPANY -u POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Andrew Waterbury; Arturo Ayala; Daniel Huckabay; Dwight Reilly of Orange and State of CA their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed" In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 27thday of February , 2012 . `�etiS,�;T�pt�-44•"��"'- °�1��NG"��!JA • ORp ¢r�VORP0`9q�,yy�• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 1 G_ 1933 STATE OF IOWA -`� COUNTY OF POLK ss. ""^"«p • • • • President On this 27thday of February 2012, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT 'r Commission Number770312 My Commissionon ExpExpires 0ctober28,2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, i have hereunto set my hand and affixed the seal of the Companies on this 2nd day of January 1 2013 ..(Ierbbgr -°- o: E Ct •%'•• 1933 fc: _. � .,. � .. .•d,; ... • :qac • POA 0014 (11/11) �2y" .0 W : Secretary Rage 1 of 2 1iR � �r M1��t S. 4 i : `E W 1 MI, 1141:0111,111 �! � li ,�, j;- �v DST: i `� TBY: Di 4v, ? b�[i' f�>abt c cirtcs recfor �mT � �m1? i r L+►7.11 r7 � The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Fa .. 01W1 kI 1. On Flan Sheet No. 3/42, replace "DETAIL B — SEEP DRAIN" with the attached drawing. ifs� � � .. '� . i r . � , i V l vmAwill be considered unless this signed Addendum No. I is attached. i. paymentincluded full Bidder's Name (Please Print) ME 1�:z —4 9-12— ME °—d2 - f:lusers\pbwtshared\contracts\fy 12 -Mc -4945 - central balboa- npt hjts allay- street Lbplacement\addentlum no 1.doc �1DETAIL B - SEEP DRAIN �� N.T.S. FLOW LINE 48" WIDE V -GUTTER -24" 24° #3 REBAR, EPDXY COATED :> s-• EISEL ENTERPRISES 24"X24" DRAIN BOX, 18" DEPTH (BOTH SIDES) WITH FRAME AND BASE, OR APPROVED EQUAL. AND HOT -DIPPED GALVANIZED ADA, TRAFFIC GRATE A A C- 34° N ALLEY APPROACH PLAN VIEW N. T. S. i SURFACE FLOWLINE #3 REBAR, EPDXY COATED • l V14- WASHED ROCK .'X' •• L' i i i• 48" #3 REBAR, ..EPDXY �COATED CORE BASE FOR 12" 0 PERFORATED PIPE, GROUT ANNULAR SPACE AND SET PIPE FLUSH WITH DRAIN BOX FLOOR. 12"0 x 36"DEEP PERFORATED PVC PIPE W/ CAP AT BOTTOM i EXISTING SEWER MAIN. CONTRACTOR TO PROTECT IN PLACE SECTION A - A r,R W----AAAA1: tl Ii PROPOSAL CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT CONTRACT NO. 4945 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. 4945 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 Lump Sum Mobilization & Demobilization Dollars and Cents Per Lump Sum 2. Lump Sum Traffic Control @-T(rW s-'fn,1 Dollars and ?i a Cents Per Lump Sum 3. Lump Sum Surveying Services 9 r @`Jw r2ty� l �hok6ie=1Dollars and Cents Per Lump Sum 66,000 S.F. Remove & Reconstruct 8 -in Thick PCC Street Pavement @ Dollars and Cents $ $. Per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 120,000 S.F. Remove & Reconstruct 6 -in Thick Fiber Reinforcement, Type lit PCC Ailey Pavement r, @ r Dollars and j 60 Cents $ $P,. Per Square Foot 6. 3,500 S.F. Remove & Reconstruct 8 -in Thick PCC Alley Approach @ "h Dollars and ?�a1¢ Cents $ $ .7 Per Square Foot T 900 S.F. Remove & Reconstruct 4 -in Thick PCC Sidewalk @ Dollars and �O�-i"z ._ Cents :%L $ $ Per Square Foot 8. 5,000 S.F. Remove & Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Patchback @ r t tle Dollars 1j; and 7 k Gents $ $ _ tDU - Per Square Foot 9. 1,500 S.F. Remove & Reconstruct 6 -In Thick AC Patchback @ ) d Dollars and Cents / $U, $ loft. Per Square Foot 10. 400 L.F. Remove & Reconstruct Type "B" PCC Curb 7 t y1Mt'll Dollars and _ L Gents $ $ Per Linear Foot PR 3 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 360 S.F. Remove & Reconstruct 6 -In Thick PCC Sidewalk wl Thickened Edge —Dollars and Cents $ $ Per Square Foot 12. 2,000 S.F. Remove & Reconstruct PCC Driveway Approach @ w, —Dollars and r 2 x -- V Cents Per Square Foot' 7 13. 550 S.F. Remove & Reconstruct 6 -in Thick PCC Driveway ,7t Dollars and✓ Cents $6,0 $ Per Square Foot 14, 120 S.F. Remove & Construct PCC Plug for Abandoned Driveway Approach @ Dollars and 6 J 7 ovo J/Cents $ $ Per Square Foot 15. 200 EA. Remove & Replace Sewer Cleanout Frame and Cover Dollars and Cents $ $ Per Each 16. 360 EA. Remove & Replace Water Meter Box vel? 41 Dollars rx �41 and 16�0 l y. Cents $ $41 Per Each I ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 45 EA. Remove & Replace Water Valve Frame & Cover : �veoly- Dollars and $ Cents Per Each 18. 31 EA. Adjust Manhole Frame & Cover to Grade @ X444 / —Dollars and filo Cents Per Each 19. 65 EA. Adjust Telephone Pull Box to Grade Ow l111PW Dollars 'ge ae, and o4d IX $ Per Each /VJ Cents $ 20. 70 EA. Adjust Cable TV Pull Box to Grade a dre Dollars and /l/a Cents $ $ 7 Per Each 21. 4 EX Adjust Fire Hydrant to G'r7de e7&la ofol _Dollars and 161 Cents Per Each 421 22. 1 EA. Relocate Fire Hydrant -hea54,%1 Dollars and n. /VO Cents 69 $ $ Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 20 EA. Remove Existing & Install Galvanized Bollard 7 @-2L,�e b4dle,/ �'/D eIlarS andJl� /Vo Cents $ '2760 9C $ 7/ ;AV Per Each 24. 25 EA. Construct 24 -in x 24 -In Seep Drain and Grate Inlet Dollars and y7/ kv Cents $ 1, A Per Each 25. 3 EA. Remove & Replace Sewer Main Terminal Cleanout Dollars and C'6 410 Cents $ 66" Per Each 26. 2 EA. Install Root Barrier I- I V/ Ma. Da liars and) �7 �� e Cents $ '$ Per Each 27. 2 EA, Adjust Existing Private Grate Inlets to Grade @ fWJ Pftar.Dollars 01" and '61L Cents $ §063, Per Each 2& 70 EA. Remove, Restore and Install Sign on New Post Ale �0'llars and Cents $ V Per Each 29. 1,000 Cy. Import Sand @ fvvei#4 - Elile Dollars and Cents Per Cubic Yard ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 30. Lump Sum Install Striping, Pavement & Curb Markings @ `y /!,6'w,(' Dollars and Cents $ Per Lump Sum 31. Lump Sum Provide As -Built Drawings @ 10 000.00 Dollars and Cents $ 10 000.00 Per Lump Sum TOTAL PRICEINW�RII-TTEN WORDS Gj Dollars andP Cents $ Total Price (Figures) Date Bidder idde's Telephone and Fax Numbers Bidder s AA,uJtt on ed Sig ature and Title Bidder's License No(s). Bidder'sA�idres and Classification(s)a�l?,✓di6E� i`�� Bidder's email address: 1 1 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 rl PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CENTRAL BALBOA & NEWPORT HEIGHTS ALLEY AND STREET REPLACEMENT CONTRACT NO. 4945 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 2-9.3 Survey Service 2-9.4 Line and Grade 2-9.6 Survey Monuments 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 5-6 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 1 1 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 rl 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-7.2 Working Days 6 6-7.4 Working Hours 6 6-9 LIQUIDATED DAMAGES 6 6-11 CONSTRUCTION PHASING 7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 CONTRACTORS EQUIPMENT AND FACILITIES 7 7-1.2 Temporary Utility Services 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 PROJECT SITE MAINTENANCE 8 7-8.4.3 Storage of Equipment and Materials in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-10 PUBLIC CONVENIENCE AND SAFETY 9 7-10.1 Traffic and Access 9 7-10.3 Street Closures, Detours, Barricades 9 7-10.4 Public Safety 10 7-10.4.1 Safety Orders 10 7-10.5 "No Parking" Signs 11 7-10-6 Notice to Residents and Temporary Parking Permits 11 7-10-7 Street Sweeping Signs and Parking Meters 11 7-15 CONTRACTOR LICENSES 12 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 12 SECTION 9 MEASUREMENT AND PAYMENT 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment 17 PART 2 --- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201-1 PORTLAND CEMENT CONCRETE 17 201-1.1.2 Concrete Specified by Class 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2.1 Reinforcing Steel 17 SECTION 214 PAVEMENT MARKERS 17 214-4 NONREFLECTIVE PAVEMENT MARKERS 17 214-5 REFLECTIVE PAVEMENT MARKERS 17 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 18 300-1 CLEARING AND GRUBBING 18 300-1.3 Removal and Disposal of Materials 18 300-1.3.1 General 18 300-1.3.2 Requirements 18 300-1.5 Solid Waste Diversion 18 SECTION 302 ROADWAY SURFACING 19 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 19 302-6.6 Curing 19 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 19 303-5 CONCRETE CURBS, WALKS, GUTTERS, ALLEY INTERSECTIONS, AND DRIVEWAYS 19 303-5.1 Requirements 19 303-5.1.1 General 19 303-5.4 Joints 19 303-5.4.1 General 19 303-5.5 Finishing 19 303-5.5.1 General 20 303-5.5.2 Curb 20 303-5.5.4 Gutter 20 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 20 308-1 GENERAL 20 SECTION 310 PAINTING 21 310-5 PAINTING VARIOUS SURFACES 21 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb 23 Markings 21 310-5.6.7 Layout, Alignment and Spotting 21 310-5.6.8 Application of Paint 21 310-5.6.11 Pavement Markers 22 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 22 312-1 PLACEMENT 22 PART 4 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE 23 400-2 UNTREATED BASE 23 400-2.1 General 23 400-2.1.1 Requirements 23 -• • 2 m C79075 z "n exp:3 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plan (Drawing No. A -5163-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements; (5) Orange County Resources & Development Management Department Standard Plans (2006 Edition). 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: 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing asphalt or concrete alleys and streets, constructing new concrete alleys and streets, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 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." 2-9.3 Survey Service. 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. in Tustin, CA, 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. 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 City will provide one set of construction staking as required to construct the improvements. Additional stakes or re - staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back -charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." 2-9.6 Survey Monuments. 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. 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 shall be added for compensation for bonding. (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. °'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." • 5-1 LOCATION. Add the following after the 3d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better," 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." 6-7 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. The Contractor shall adjust the telephone and cable television utility facilities as specified in the construction documents. Southern California Edison and the Gas Company will adjust their own facilities, The Contractor will be required to contact Southern California Edison and The Gas Company to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. The Contractor shall provide the necessary survey control for Edison and the Gas Company to adjust boxes/vaults to the final grade. Any utility boxes or vaults within % inch of the design grade, as determined by the Engineer, may be protected in place. The Contractor will be required to coordinate with these companies for inspection of the work, The Contractor shall perform a field review for the location and the number of existing manholes and pull boxes prior to bidding and bring any discrepancies to the Engineer's attention prior to bidding. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer/storm drain manholes (including grade rings), meter or valve box covers. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011. 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.' 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 r •. Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to 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." 6-1.1 Construction Schedule. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' 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 City intends on awarding this project on January 8, 2013. The pre - construction meeting will be scheduled for 10:00 on January 9, 2013 and the Notice to Proceed planned to be issued that day. The Contractor should plan start of construction on January 14, 2013 to allow completion of the alleys on Central Balboa Peninsula prior to Memorial Day. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. 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." RNA 19Z FOTA MOTI A' W 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 120 consecutive working days after the date on the Notice to Proceed. The Contractor shall complete all work on Central Balboa Peninsula within 90 Working Days. The Contractor shall also adhere to the following specific construction schedule: Each alley shall be complete within fifteen (15) working days from the first day of demolition. No more than one phase shall be under construction at any one time unless otherwise approved by the Engineer. The Contractor shall ensure the availability and delivery of all material prior to the stall of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. See Section 6-11 for Construction Phasing." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January I't (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 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25t" (Christmas), and December 31st (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." Add the following Section 6-7A Working Hours 6-7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM 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 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM 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. For each consecutive calendar day after the 90 days allowed for completion of the Balboa Peninsula streets and alleys, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that 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 CONSTRUCTION PHASING. Contractor shall follow the Construction Phasing Plan in Appendix A. Any modification from this construction phasing plan shall be submitted to the Engineer for approval prior to bid opening. 7-11.2 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 monthly $90 for the meter, 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 drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing 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 shutdown 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." 09 ;M4JJRqG= 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. 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,newDortbeachca.aov/i)ublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www. cleanwatemewport.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 -cuffing 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. 7-10.1 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. 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 Contractors responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The Contractor will be allowed to close one alley or street at a time to complete the work. Work in other alleys and streets can take place if not immediately adjacent to the first area of work and does not cause any other impacts to residents, such as lost street parking. The Contractor shall make special accommodations to provide access for residents with disabilities in the closed alleys and streets. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. The Contractor shall take special precautions to protect all underground utilities in the alleys from heavy vehicular loads especially once the existing surface is removed. Concrete shall be placed by pumping from adjacent streets. 8. The Contractor shall meet with Edison and determine the most efficient way for Edison to adjust its facilities and prepare a plan for review by the Engineer, and then work with Edison to adjust their facilities accordingly. The Contractor shall remove the entire alley, prepare the alley base material and allow a minimum of five (5) working days for Edison to make adjustments if done after demolition. 9. The Contractor shall verify that the horizontal location of the Telephone and Cable Television pull boxes such that they are in uniform alignment from the centerline. The horizontal distance of these pull boxes shall be a minimum of 18 -inches or a maximum of 24 -inches from centerline as determined by the Engineer. 10.All PCC Alleys shall be paved back within 10 working days after alley demolition, including utility adjustment by others. 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 SP 11 OF 23 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 non -erase 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 and Temporary Parking Permits 7-10.6 Notices to Residents and Temporary Parking Permits. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents 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 residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each 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. In addition to the forty-eight hour notice, the Contractor shall hand out two Temporary Parking Permits to each residence adjacent to the alley construction. The Temporary Parking Permits shall be filled out and signed by the Engineer and valid during the period of construction of the adjacent alley only. 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. Add the following Section 7-10.7 "Street Sweeping Signs and Parking Meters" 7-10.7 Street Sweeping Signs and Parking Meters. After posting temporary "NO -PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs and parking meters, on those streets adjacent to the construction with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove all signs and uncover the street sweeping signs. Citi of Newport Beach "PERMIT PARKING ONLr' signs are available from the Engineer. Add the following Sections: "7-16 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid 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." 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: 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 SP 13 OF 23 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, post signs and all costs incurred notifying residents. In addition, this item includes, if required, 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 and changeable message signs, K -rail, temporary striping, flagpersons. 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 establishing survey controls, construction staking, preliminary grades, final grades, all horizontal alignment, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and other survey items as required to complete the work in place. Item No. 4 Remove and Reconstruct 8 -in Thick PCC Street Pavement: Work under this item shall include saw cutting along the flow line, removing existing PCC street, gutter, base and sub base, disposing of excess material, grading, compaction, constructing 8 -in thick PCC street pavement over compacted sand per City of Newport Beach STD -108-L, STD -109-L, and all other work necessary to complete the work in place. Item No. 5 Remove and Reconstruct 6 -in Thick of Fiber Reinforcement, Type III PCC Alley Pavement: Work under this item shall include removing existing alley pavement, base and sub base, saw cutting, disposing of excess material, grading, compaction, constructing 6 -in thick of fiber reinforcement, Type III PCC alley pavement over compacted sand per City of Newport Beach STD -141-L, installing joint filter, restoration of any private improvements damaged during construction, and all other work necessary to complete work in place. Item No. 6 Remove and Reconstruct 8 -in Thick PCC Alley Approach: Work under this item shall include removing existing improvements and constructing 8 -in Thick PCC alley approach over compacted sand and all other work items as required to complete the work in place. Work under this item shall also include constructing the grooves and varied curb face Type "B" curb per City of Newport Beach STD -182-L. Alley Approach Detail on Sheet 3 and Alley Approach Grading Details, and all other work items as required to complete the work in place. Item No. 7 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, sub grade compaction, constructing the 4 -inch thick PCC sidewalk, and all other work items as SP 14 OF 23 required to complete the work in place. Contractor shall protect in place utility vent(s) and traffic sign(s) in the work area. Item No. 8 Remove and Reconstruct 6 -in Thick Fiber Reinforcement, Type III PCC Patchback: Work under this item shall include removing existing improvements and constructing 6 -in thick of fiber reinforcement, Type III PCC Patchback, and all other work items as required to complete the work in place Item No. 9 Remove and Reconstruct 6 -in Thick Asphalt Patchback: Work under this item shall include saw -cutting, removing and disposing of the existing concrete paving, sub grade compaction, constructing the 6 -in thick of Fiber Reinforcement, Type III PCC Patchback, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional Asphalt Patchback may be required based on field review with the Engineer. Item No. 10 Remove and Construct Type "B" PCC Curb: Work under this item shall include removing and disposing of the existing curb, compacting sub grade, reconstructing curb openings of existing curb drains, constructing PCC curb, 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. Item No. 11 Remove & Reconstruct 6 -in Thick PCC Sidewalk w/ Thickened Edge: Work under this item shall include removing and disposing of the existing sidewalk, sub grade compaction, constructing 6 -in thick PCC sidewalk with thickened edge per detail in plans, and all other work items as required to complete the work in place. Item No. 12 Remove and Construct 6 -in Thick PCC Driveway Approach: Work under this item shall include removing existing improvements and constructing 6 -in Thick PCC driveway approach per applicable portion of City of Newport Beach STD - 162 -L, STD -163-L, and all other work items as required to complete the work in place. Item No. 13 Remove and Reconstruct 6 -in Thick PCC Driveway: Work under this item shall include the removal of the existing driveway section and constructing 6 -in thick PCC driveway section, and all other work items as required to complete the work in place. Item No. 14 Remove and Construct PCC Plug for Abandoned Driveway Approach: Work under this item shall include the removal of the existing abandoned driveway and construction of the new PCC driveway plug per City of Newport Beach STD -165-L, and all other work items as required to complete the work in place. Item No. 15 Remove and Replace Sewer Cleanout Frame and Cover: Work under this item shall include removing and replacing existing sewer cleanout with new sewer cleanout, adjusting to grade, and all other work items as required to complete the work in place. Item No. 16 Remove and Replace Water Meter Box: Work under this item shall include removing and replacing existing water meter box with new water meter box, adjusting to grade, and all other work items as required to complete the work in place. Item No. 17 Remove and Replace Water Valve Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new City of Newport Beach valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 18 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and cover to grade and all other work items as required to complete the work in place. Manhole includes sewer manhole and storm drain manhole. Item No. 19 Adjust Telephone Pull Box to Grade: Work under this item shall include adjusting telephone 24 inch deep pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place, In any particular alley the horizontal location shall be 18 inches minimum or 24 -inches maximum, with the exact dimensions being determined by the Engineer. The dimensions shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 20 Adjust Cable Television Pull Box to Grade: Work under this item shall include removing existing cable television boxes, furnishing and installing cable television pull boxes to grade and relocating horizontally to be uniformly offset from centerline and all other work items as required to complete the work in place. In any particular alley the horizontal location shall be 18 -inches minimum or 24 -inches maximum, with the exact dimension being determined by the Engineer. The dimension shall be determined to minimize the horizontal relocations in any one alley. Any pull boxes damaged during construction shall be replaced at the sole expense of the Contractor. Item No. 21 Adjust Fire Hydrant to Grade: Work under this item shall include adjusting the existing fire hydrant assembly to grade in accord with City of Newport Beach STD -500-L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast Iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -180-L and all other work items as required to complete the work in place. Item No. 22 Relocate Fire Hydrant: Work under this item shall include relocating the existing fire hydrant assembly to the back of walk in accord with City of Newport Beach STD -500-L, including but not limited to fire hydrant, fire hydrant bury, valve, valve box and cast iron traffic cover, valve extension, removal and replacement of existing sidewalk per CNB STD -180-I- and all other work items as required to complete the work in place. Item No. 23 Remove and Install Galvanized Bollard: Work under this item shall include removing existing, constructing galvanized bollard per Plan Detail, and all other work items as required to complete the work in place. In addition to the locations shown on Plans, additional bollards may be constructed as directed based on a field review with the Engineer. Item No. 24 Construct 24 -in by 24 -in Seep Drain and Grate Inlet: Work under this item shall include all labor, tools, equipment, and material costs for the construction of 24 -in by 24 -in seep drain and grate inlet per Plan Detail B on Plan Sheet 3/42; saw - cutting, removing and disposing of the existing paving, sub grade, compaction, and all other work items as required to complete the work in place. Item No. 25 Remove and Replace Sewer Main Terminal Cleanout: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for adjusting, lower and raising during paving operation, of all sewer main cleanouts to grade and all other work items as required to complete the work in place. Item No. 26 Install Root Barrier: Work under this item shall include furnishing and installing root barrier per Orange County Resources and Development Management Department Standard Plan No, 1708 as shown in Appendix B, disposing of interfering portions, and all other work items as required to complete the work in place. Item No, 27 Adjust Existing Private Grate Inlets to Grade: Work under this item shall include adjusting, lower during paving operation, of the two (2) impacted Private Grate Inlet covers at 126 Medina Way to grade as designated per Plan Sheet No. 33/42 and all other work items as required to complete the work in place, Item No. 28 Remove, Restore and Install Existing Sign on New Post: Work under this item shall include removing existing sign, restoring, and installing existing sign on new 2" square Unistrut with 2-1/4" Unistrut base in 12"x12"x18" deep concrete footing, and all other work items as required to complete the work in place. Item No. 29 Import Sand: Work under this item shall include importing the necessary sand for street and alley pavement sub grade, as well as base material for alley approaches, and all other work items as required to complete the work in place. Item No. 30 Install Striping, Pavement and Curb Markings: Work under this item shall include removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Contractor shall perform inventory of all striping, pavement markings, curb markings in the work area, and submit to the Engineer for verification and approval. 6"30i-if�T3iL7 Item No. 31 Provide As -Built Drawings: 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 Engineer for review prior to request for payment. An amount of $10,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. 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." 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." • l - til ii 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-3250, Grade C pump mix per Table 201-1.3.2(A) of the Standard Specifications for Public Works Construction. In addition, Portland Cement Concrete with Type III Fiber Reinforcement shall be used for alley pavement. Contractor shall use minimum 4 inch hard rock pump. Contractor shall provide the concrete mix, and submittal required for pump capable of pumping required distances with 1 inch hard rock concrete for the Engineer's approval." 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." 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." tt • .�;.. 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://newr)ortbeachca.gov/index.aspx?Rggg 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." (c) Concrete Curb, Walk, 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-% 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. SP 19 OF 23 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." 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until PCC 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." CO3-5 CONCRETE CURBS, WALKS, GUTTERS, ALLEY 1ATERSECTIOAS, AFIF DRIVEWAYS i 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 PCC 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. Contractor shall use minimum 4 inch hard rock pump" t 303-5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches," 303-5.5 Finishing 303-5.5.1 General. Add to this section: "The Contractor shall patch back A.C., PCC 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 Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled W -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests 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." 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644-3083) at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester, e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 0 1 gglilksli'Lej glim"Ema n#ml imm wyn-11 M-1 NITim - o 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 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 thermoplastic 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. "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." 312-1 PLACEMENT. Amend this section with: " 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." rt i MECHEM 400-2.1.1 Requirements. Add to this section: "The Contractor shall use imported and native sand as the base materials." • � � i n N = LL p w x S v, z � SGp,�E'•Njs � � �� t� ¢z �" a N'18W� a S) 3NVI HOlVW i ;____ bd -` o z X1331 ANO -13533 �u w w m ai rwn '1SH18 w� a s a I \1 W vxi v' -i a a a a a a 84Z A3lltl i I SW bOb it Q I zi I N if u. ' '�1S—Hl�6I m ' 1 i LEZ A 1 1I I jl 10 I 1 'I Im . 1 Z I I I II 1 I 1 I I I I m li N I wc II I I �' I I G 1 1 I I w 11 1 jl W U I I I I J I 1S OGVNONop Q II Z J �� II I I �' I 1 1 r w Z Ju I i r I I ii ;LL' r a LU w ryQ '1S H106 II I i N LL I 11 I W 1061 I II I I J I, zW Cq V I 1 J= U) RaQ I,C.11 'li W r Liz I I I �I Q I 1 I I' I II 0 Z ' °� � � I I II I �I d' I I I I II I 'IvOItr� �' 0 W W U o J'1S L U U II I D 1 1 I W I i ' i 5SZ A3lltl I �-� i l II- IN I _ I AV ON_V151 I i Q Lf -L I I I II I I I SGPIE'. N1S �/ryry � I � 1 oVJ U) C v/ i I Im II > I I 3AVONVlSI I ' CO QLL F ® I I Im ;I a I W I !� 44Z Q cl ! 1 I N V I I IQp �I I mQ �u ~I J o 1S H1Z L LL 1 1 o I E9Z A3lltl Z (9 I Li i 16 1 1S H19 N -- U y Z4Z A3lltl I Q W m I N I '1S HIE I J 1 Q 1 ¢ I m i L9Z A3lltl W I p '1S HIL F CL Z_ Z W j 04Z A31-1vLL I J Za I I W ¢ O I N s I N I c I j 64Z A3l1V c i CLHJRI 3AO8V 33S) 3NIl HOlVW N O LL m 0 a N m � w mw = O in yZ N U' az_ aN �x OLL O awi N SIN:31vos Od08 b0 W 311rN1d O co 61 G� �h�� P��� Q�' SM3tfONb LS ^�tiP { G ^�� Qs Q GO J 5 z ry F } (n CH RW LO a: �F! 'y A ti `�d��b Q Z o U F- a GAP{ 20 �d�>> W 41 �b w Z �PGG� b� 0 �O O� O z FN � CLIFF N O N N N wl e i 3 l 1 AO , * • ♦' PRUNE CUT •'• iM :iii -Y Li• AOGroved v-..- .v.• __ .1. Mtlwsaft CNet $nomw 76-791 Revised; Ras. 86-1141; 88-1341; 96-546; 06-010 1708 TREE ROOT BARRIER i $HT.I of 2 NgTES. Tree Trimming 1. Prior to root pruning, each tree shall be trimmed to reduce its overall slZe by one-third (1/3) and to promote improved growth. Trimming sholi also provide - a. Removal of all dead, damaged, diseased, or struciuroliv deficient limbs; b. Thinning to reduce interior wind resistance; c. Vertical clearance of 14.0 feet over roadways and 9.0 feet over sidewalks, d. Visual clearance around all traffic control devices and signs, e. An overall balanced appearance; f. Trimming shall be done under the supervision of a licensed arborist in accordance with current arborist standards. 2. Rapt Pruning Root pruning cuts shall be made immediately adjacent to the sidewalk and shall be 4" wide, 16° deep (measured from the top of the final grade of the sidewalk) and 16' long centered 8' either side of the center of the tree. The bottom 13" of the root prune cut shall be filled with pea grovel, to promote deeper watering, with the top 3" filled with native soil free from rocks or other materials that would interfere with landscape maintenance tasks. At least 18 months shall transpire before root pruning the opposite side of the tree. In general, root pruning would not be performed adjacent to the curb due to the normal depth of the curb. 3. Root Control Barrier Barrier shall be fabricated from a high density, high Impact plastic, i.e. Polystyrene, Polyethylene, Polyvinyl Chloride, (PVC), or Acrylonitriie-Butadlene- Styrene (ABS). The interior surface shall have °lz" high (minimum) raised vertical ribs spaces 6" to 8" apart the full depth of the barrier and shall be expressly designed for root deflection. Barrier used for root pruning shall have a minium depth of 12" with a minimum thickness of 0.06". Barriers shall be 16 feet long in one continuous piece (preferred) or in a commination of pieces securely fastened with adhesive at lop joint points. Approved ....... vu -U,•,,.--".`5,..,..— A. -I NaWSOM CNet frglOPer y Adopted: Res. 78-791 Revisedi Res. 86-1141; 88-13411 96-546; 06-010 II TREE ROOT BARRIER SHT. 2 0 CERTIFICATE ylFINSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/27/1Dapk.AContoctReceived From: &bmb Date Completed: 12/27/12 Sent to: Shari By: Renee required tnhave certificate: Type of contract: All Other l GENERAL LIABILITY EFFECT|VE/EXP|RATION DATE: 10/1112 to 10/1/13 A. INSURANCE COMPANY: Great American B. /\MBEST RATING (A`:\8|orgreeter): A; X111 C. ADMITTEDCom Admitted): MYao [I No J. Is Company admitted inCalifornia? Yea 0 N Il LIMITS (Must be$1&Korgroabar): What iolimit provided? E. ADDITIONAL INSURED ENDORSEMENT — please attach MYen F7Mu P. PRODUCTS AND COMPLETED OPERATIONS (Must L� inulude):|sitincluded? (completed Operations status does []N/A MYoo [lNn D. AUTOMOBILE LIABILITY not apply tnWaste Haulers orRecreation) NYeo [I No G. ADDITIONAL INSURED FOR PRODUCTS AND INSURANCE COMPANY: Travelers Indernnnity Com)a�ry of America B. COMPLETED OPERATIONS ENDORSEMENT (completed C. Operations status does not apply hzWaste Haulers) EYem F] No H. ADDITIONAL INSURED WORDING TOINCLUDE (The City [I Yes UBNo D, its officers, officials, employees and vo|untee/m):|sit included? 0Yae [j No !. PRIMARY & NON-CONTRIBUTORY WORDING (Must he induded):|abincluded? MYao [I No J. CAUTION! (Confirm that loss orliability nfthe named insured isnot limited solely bytheir negligence) Does endorsement include 'solely bynegligence" wording? []Yes RNo K ELECTED SCMAFCOVERAGE (RECREATION (}NLY): MN/A El Yes []Nn L� NOTICE 0FCANCELLATION: []N/A MYoo [lNn D. AUTOMOBILE LIABILITY EFFECT|VE/EXP|RAT|ONDAJE 10/1 /12 to 1 A. INSURANCE COMPANY: Travelers Indernnnity Com)a�ry of America B. 8MBEST RATING (A -: VII orgreater) C. ADMITTED COMPANY (Must beCalifornia AdnoiMed): IaCompany admitted ioCalifornia? [I Yes UBNo D, LIMITS `|fEmployees (Must be$1Mmin. 8{&POand $SO0'OVO D00.$2yNmin for Waste Mau|srs):What islimits provided? __._ E. LIMITS Waiver ofAuto Insurance / Proof nfcoverage (If Individual) (What iulimits po,vided!) N/A F. PR|MARY&NON-CONTRIBUTORY WORDING (FurVVaste Haulers only): MNV\ [-]Yes E] No G. HIRED AND NON -OWNED AUTO ONLY: El N/A []Yeo 0 N H. NOTICE OFCANCELLATION: []N64 XYeo 0Nu III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 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: 12/27/12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach 0 N/A ❑ Yes ❑ No ■ /1 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Auto Liability Carrier Is Non -Admitted — Need Risk Management Approval —12/27/12 Sheri Anderson approved the Non -Admitted Carrier. Approved: Risk Management * Subject to the terms of the contract. Date f�C I ®® CERTIFICATE O LIABILITY FNSURANC �,..••lz/26f2a1z GATE (MMIODIYYYYJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol(cy(ies) must he ondorsed, 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), PRODUCER CDM CTCatherine Sariana .ry Milestone Risk Management & Insurance Agency PRONE (999)552-0909 .fNc-No�(s4s)sax-lira 'MN61 esariana@miiestonapramise. cam License No. OB72766 8 Corporate Park, Ste 130 FNSURERISI AFFORDING COVERAGE NAIC0 URERA:Grest American Assurance Co. _26344 EAC9iiH]HORKENCE 1$... 1,OQOs000DAMAGEO1 Irvine CA _9_2606h INSURED INSURER BNrayelera Indemnity C+?m an o£ 5682 Nobest, Ina. WSURERCRSUI Indemnity Co, 22314 WsummD:Travelers Property Casualty of 5674 P.O. Box 874 CLAIMS-MADEOCCUR INSURER E:Peerless Insurance Compapy 4198 Westminster CA 92684 WSU ERF: l0/1/2013 COVERAGES CERTIFICATE NUMBER:12/13 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI.. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPEOFINSURANCE ADDLSUB OU U BER M OCYE POLDO� P UFMTS GENERAi. iJAPHUTV EAC9iiH]HORKENCE 1$... 1,OQOs000DAMAGEO1 X COMMERoALGENERALUABIUTY ISESI.F e S 50,000 A CLAIMS-MADEOCCUR X aLP2101532 0/1/2012 l0/1/2013 MrDEXP (AnY ono erson) S Excluded P... PERSONAL&ADVIWURY S _1,000,000 GENERALAGGREGATE $ 2,000,000 GM. AGGREGATE ON" APPLIES PER: PRODUCTS-cOMPIOPAGG $ 2,000,000 $ POLICY X PRO- 1-1 LOC AUTOMOBILE UAB€LITY- BINED ,cml 1NG L n 11000,000 BODILY IWURY FarPnson) $ B X ANY AUTO X ALL AS � o fOOSVNEO nXX X MRED AUTOS AUTOS1,00romp X 100782P771 0/1/2= 0/212013 BOOIt.YWJURY(Parmsdr ,C S UnIn UrCd molads€calrnkred $11000,00 OWRELLALIAe x OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE S 4,000,000 L. X EXCESS L€ul I I CLMIS-MADE L31428 OW I X I RETENTION S tX $ 0/1/2012 0/112013 D WORKERS COMPENSATION - AND EMPLOYERS' LIABILITYYIN- ANYFROPRsTOR/PARTNEWEXECUrIVE "j x lA0 STATU- 071+ - FACHACCOENT S S 000 000 OFFor,109EMBER EXCLUDED? (� .f {Mandow"NNy NIA B07g2p771 1.0/1/2012 l0/k/2013 _EL E.LusFASE-EAF.MPLOYE s 1 oo0 000 EL. DISEASE -POLICY LIMITS 1 000 000 €fyes, deacr0N )Fer DESCRtPTitlN OF OPERATK3N5 bekw E Rented/Leased Equipment T IBP8072949 10/01/2012 0/1/2013 Limft $100,000 oeduame $1'000 DESCRIPTION OF OPERATIONS t LOCATORS l VEHICLES {Attach ACORD IIT, Addifiona7 Remarks Schxdufe, irmam spaca is repaired} Re: Central Balboa & Newport Heights Aliey and Street Replacement, Contract No. 4945 The City of Newport Beach, its officers, officials, employees, and agents are included as Additional Insureds, Primary and Non -Contributory coverage and Waiver of Subrogation apply when required by contract, Per endorsements CG2033, CG2537,GAC3649CG, CG24041CAT353, WC990376, Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left, City of Newport Beach Frank Tran PO Bax 1768 Newport Beach, CA 92658-8925 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Sariana/CAS 6dtA lL,"_i, INS02Fomnmml Th. Ar_rnt n nam. and tnnn.r. r.,H.t.r d mark. n1 ArUf Pn CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. pit This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION 11 - WHO iS AN INSURED is amended to include as an Additional Insured any person or organization 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 Additional In- sured on your policy. Such person or or- ganization is an Additional insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" 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 oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to., t. 'Bodily Injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, (laid orders, change orders or draw- inge and specifications, or b, supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," or "property damage" oc- curring after. a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(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 an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Copyright, ISO Properties, Inc., 2004 CG 20 33 (Ed. 07104) XS GLP2101532 COMMERCIAL GENERAL LIABILITY CG 20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Nance Of Additional Insured Person(s) Or Or antzation s : Location And Deserttion of Completed 0m As required by written contract As required by wriden oontraot tnFormation re aired to co late this Schedule if not shown above will be shown In the Declarations. Section It — Who Is An Insured is amended to Include as an additional insured theperson(s) or organization(s) shown in the Sohedule, but only with respect to liability for "'bodily injury" or '"property damage" caused, in whole or in part, by'yourworW at the location designated and described In the schedule of this endorsement performed for that additional Insured and Included In the "produds- completed operations hazard". CO 20 37 07 04 t01S0properties, Inc.,2004 Page 1of1 ❑ GAC .36deCG 16d. 11: 06), THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the 'following 'COMMERCIAL GENERAL L.PABILITY COVERAGE. FORM OWNERS. AND CON$RACTORS PROTECTIVE LIABILITY COVERAGE FORM Tti s.insuhance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements' wIth such third parties and any other Insurance which may ba. available to such third parties shall be non—contributory. GAC 3649CG (Ed 11106) XS Policy Number: GLP2101632 Insured Name: Nobest Ino. CC, 24 0410 93 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -• COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown to the Schedule above because of payments we make for injury or damage arising out of your engotng operations oryour work" done under a contract with that person or organization and Included in the "products -completed operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 0410 93 Page 1 of i Policy No: 8100782P771 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, This endorsement modifles insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless moll. fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage, However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your poiioy carefully to determiine rights, duties, and what Is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE —INDEMNITY BASIS G, WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The fotiowing Is added to Paragraph A.I. Who Is An Insured, of SECTION It — LIABILiTY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 30% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganlzation or the end of the policy period, which- ever is earitan S. BLANKETADDITIONAL INSURED The following Is added to Paragraph c. In A,1., Who Is An insured, of SECTION fi — LIABILITY COVERAGE: Any person or organization who Is required under a written contract or agreement between you and that person or organization, that Is signed and H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE - INCREASED LIMIT L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAG'S L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodfiy injury" or "property damage" occurs and that Is In effect during the policy period, to be named as an addi- tional insured is an "Insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualities as an "insured" under the Who is An Insured provision contained in Section It. C. EMPLOYEE HIRED AUTO 1. The following Is added to Paragraph A,1., Who Is An Insured, of SECTION if — LI- ABILITY COVERAGE: An "employee" of yours is an 'Insured" while operating an "auto° hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness, CATS 53 0310 02010 The TravelersmdemmtyOompany. Page 1 of 4 Includes copyrighted material atinsurance Services Offto, Inc, with its permission. COMMERCIAL AUTO 2, The following replaces Paragraph b. in B.S., other insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b, For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employea" under a contract in that individual "employea's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -- LIABILITY COV- ERAGE: Any "employed" of yours is an "insured° white us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs, E. SUPPLEMENTARY PAYMENTS —.INCREASED LIMITS 1. The following replaces Paragraph A,2.a.(2), of SECTION If — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola - liens) required because of an "acoldent" we cover. We do not have to furnish these bands. 2, The following replaces Paragraph A.2.a.(4), of SECTION If --LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual toss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) In Para- graph 8.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or Jurisdiction while any trade sanction, am- bargo, or similar regulation Imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country orjudedfciian, for Liability Coverage for any covered 'auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit' brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "tin- sured" against, and Investigate crest - its any such claim or "suit" and keep us advised of all proceedings and do- lions. stions. (1i) Neither you nor any other Involved "Insured" will make any settlement without our consent. (III) We may, at our discretion, participate in defending the "insured" against, or In the settlement of, any claim or "suit (Iv) Ws will reimburse the "Insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this Insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION it — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred With our consent for your Investiga- tion at such claims and your defense of the "Insured" against any such "suit", but only up to and Included within the limit described In Pera» graph C., Limit Of Insurance, of SECTION If — LIABILITY COVER- AGE. and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance In pay- ments for damages, settlements or defense expenses, (b) This insurance Is excess over any valid and collectible other insurance available Page 2 of 4 0 2010 The Travelers Indemnity company. CA T3 53 0310 includes cepyrtgMad aratadal of Insurance Services office, [no. with Its permission. G. rd to the `Insured" whether primary, excess contingent or on any other bssls. (c) This insurance is not a substitute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritorles and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory Insurance requirements will not invalidate the coverage afforded by this policy, but wo will only be liable to the some extent we would have been liable had you compiled with the compulsory in- surance requirements. (d) It Is understood that we 'are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certiftcates of insurance, or for compliance in any way with the laws of other countdos relating to Insurance. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto will apply to glass damage If the glass Is repaired rather than replaced. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A,4.b., Loss Of Use Expenses, of SEC- TfON III—PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $66 par day, to a maximum of $750 for any one "acoident". L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT The following replaces the first sentence In Para- graph AA,a., Transportation Expenses, of SECTION OI -- PHYSICAL DAMAGE COVER- AGE: We Witt pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL Aura J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "toss" to wearing ap- parel and other personal effects which are; (1) Owned by an "insured",, and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Paragraph 8.3„ Exclu. alone, of SECTION III ^ PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that In- state due to a cause other than a cause of Ross° set forth In Paragraphs A.1.b. and A.'I.c., but only: a. If that "auto" is a covered "auto" for Compre- honsive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The alrbags were not intentionally inflated, We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV—BUSINESS AUTO CONDITIONS: Your duty to give us at our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident° or "loss" is known to: (a) You (€t you are an Individual), (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or Insurance manager (if you are a corporation or other or. ganizallon); or (a) Any "employee" authorized by you to give no- tice of the "accident' or °loss". CA T3 63 0310 02010 The Travelers Indemnity company. Page 3 of 4 Includes copyrighted matorlal of Insurance sonless Close, Inc.,Mth ils perataelom COMMERCIAL AUTO M. BLANKET WAIVER OFSURROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident' or "foss" arises out of operations contemplated by such contract, The waiver applies only to the person or organization designated in such contract, N. UNINTENTIONAL, ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Can. ceatment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any Information given by you shag not prejudice your rights under this Insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services ehice, Inc.. with Its permission. .� WRAVELERVORKERS COMPENSATION AND ONE TONER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, GT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICYNUMBER: (DTJU9-0782P77-1-12) • f • • - �• fiv s. ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 01 .000 % of the California workers' compensation pre- mium. Schedule Person or Organization .bob Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 09-28-12 ST ASSIGN: Page 1 of f TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Associate Civil Engineer APPROVED: o. TITLE: Central Balboa & Newport Heights Alley and Street Replacement — Award of Contract No. 4945 The utility undergrounding for Assessment District 100 (Central Balboa) has recently been completed and all the poles have been removed. As a final effort, the alleys and streets impacted in the area are in need of restoration under a separate contract managed by the City. In addition, the City Council included funds in FY 12113 CIP to begin the replacement of deteriorated asphalt alleys in Newport Heights. Staff requests City Council approval to award the Central Balboa Peninsula and Newport Heights Alley and Street Replacement Project to NOBEST, Inc., for the completion of street and alley improvements. 1. Approve the project drawings and specifications. 2. Award Contract No. 4945 to NOBEST, Inc., (NOBEST) for the total bid price of $1,320,000.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $198,000.00 (15%) to cover the cost of unforeseen work and anticipated additional curb and gutter not included in the original contract. r �r The current adopted budget includes sufficient funding will be available in the following accounts for the project: Account Description Account Number AD -100 Street Rehabilitation 74100-9804 Water Enterprise Fund 7521-C2002059 General Fund 7013-C2002059 General Fund 7013-C2002057 for this contract. Sufficient funds Amount $876,619.00 227,076.00 150,000.00 322 305.00 Total $1,576,000.00 1 at 4 Central Balboa & Newport Heights Alley and Street Replacement — Award of Contract No. 4945 January 08, 2013 Page 2 Proposed uses are as follows: Vendor NOBEST, Inc. NOBEST, Inc. Harrington Geotechnical Various DISCUSSION: Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals Amount $ 1,320,000.00 198,000.00 56,851.00 1,149.00 Total: $ 1,576,000.00 At 10:00 A:M. on December 19, 2012, the City Clerk opened and read the following bids for this project: The total low bid amount is 22,35% lower than the Engineer's Estimate of $1,700,000. The disparity between the estimate and the actual bid prices reflects a continued favorable construction market, including lower concrete prices. The low bidder, NOBEST, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of NOBEST's references indicates satisfactory completion of similar projects for other public agencies. NOBEST recently completed the work for the Ocean Front Alley Replacement project, Contract No. 4316 for the City in 2011. Given the favorable project unit prices by NOBEST, staff recommends establishing a fifteen percent (15%) contract contingency to be included in the contract award, totaling $198,000.00. These added funds may provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete curb, gutter, sidewalk and pavement rehabilitation work within the project limits. The work necessary for the completion of this contract consists of removing the existing asphalt and concrete alleys and streets, constructing new concrete alleys and street 2 of BIDDER TOTAL BID AMOUNT Low NOBEST, Inc. $1,320,000,00 2 Kalban, Inc. $1,443,445.00 3 Grigoila & Sons Const. Co. Inc. $1,558,570,00 4 Hillcrest Contracting, Inc. $1,720,315.00 5 PALP, Inc. DBA Excel Paving Co. $2,054,000.00 6 Moalej Builders, Inc. $2,192,760.00 7 All American Asphalt $2,875,551.00 The total low bid amount is 22,35% lower than the Engineer's Estimate of $1,700,000. The disparity between the estimate and the actual bid prices reflects a continued favorable construction market, including lower concrete prices. The low bidder, NOBEST, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of NOBEST's references indicates satisfactory completion of similar projects for other public agencies. NOBEST recently completed the work for the Ocean Front Alley Replacement project, Contract No. 4316 for the City in 2011. Given the favorable project unit prices by NOBEST, staff recommends establishing a fifteen percent (15%) contract contingency to be included in the contract award, totaling $198,000.00. These added funds may provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete curb, gutter, sidewalk and pavement rehabilitation work within the project limits. The work necessary for the completion of this contract consists of removing the existing asphalt and concrete alleys and streets, constructing new concrete alleys and street 2 of Central Balboa & Newport Heights Alley and Street Replacement -- Award of Contract No. 4945 January 08, 2013 Page 3 pavement, adjusting utilities covers to grade and performing other appurtenant and incidental items of work as required. The alley replacement included in this contract is the final work effort for the Assessment District 100 Underground Utility District. This contract also consists of removing the existing asphalt alleys and constructing new concrete alleys in Newport Heights that need rehabilitation, As the alley and street reconstruction work within Central Newport is funded through an assessment district, separate payment accounting will incorporated into the project to distinguish the Central Newport Work from the Newport Heights work. Pursuant to the Contract Specifications, the Contractor will have 120 consecutive working days to complete the work. The Contractor will be allowed to have 90 consecutive working days to complete the work in the Central Balboa Peninsula prior to Memorial Day. ENVIRONMENTAL REVIEW!: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c) (maintenance activities with negligible expansion) 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 agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents will be notified prior to the start of the project. n Submitted by: Public Works Director Attachment: A. Project location Map 3 of LOCATION MAP CENTRAL BALBOA & NEWPORT HEIGHTS ATTACHMENT ALLEY AND STREET REPLACEMENT, C-4945 PROJECT LOCATION a cT���TTID LUTH JE BAY AVE �ZT UMLIIiV TITO �� a e- 1_ r r� 111 Imp -111311111111 00U I I I 111110,4 : agu�.r,� K 11 ` j ,l - Q � NEWPORT HEIGHTS 4 of