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
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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
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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
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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
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= CITY OF
NEWPORT BEEACH
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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
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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
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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.
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COMM. #1$52452
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NOTARY PUBLIC -CALIFORNIA .,.�
ORANGE C8UNTY
(tile)
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My Comm Expireslune 13. 2")73
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(Notary Seal) m4
❑
ary Public
❑
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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
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• State and County information must be the State and County where did document
signer(s) personally appeared before the notary public for acknowledgment.
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most also be the same date the acknowledgment is completed.
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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
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. 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
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`d 1933 : c.
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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
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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
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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.
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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
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1
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Di
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? 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."
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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
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NEWPORT HEIGHTS 4 of