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Home My WebLink AboutC-5152 - Balboa Boulevard and Channel Road Pavement ReconstructionCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC July 28, 2014 Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Balboa Blvd. & Channel Rd. Pavement Reconstruction — C-5152 Dear Nobest, Inc.: On July 23, 2013 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 July 30, 2013. Reference No. 2013000454650. The Surety for the contract is Merchants Bonding Company and the bond number is CAC100110. Enclosed is the Faithful Performance Bond. Sincerely, t�%*— 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.newportbeachca.gov This bond was executed in two(2) PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADNSTMENT identical counterparts. BASED ON FINAL CONTRACT PRICE. City of Newport Beach BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION Contract No. 5952 BOND NO. CACzooiio FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15, 250. 00 being at the rate of $ 2 s. o o i 15 a o i l o. o o 12e3 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 BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION, Contract No. 5152 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. 5152 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 Beads, in the sum of One Million, One Hundred Seventy -Five Thousand and 00/100 Dollars ($1,175,000.00) 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 faits 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 the Surety above named, on the 15th day of February , 2013. Nobest Incorporated Nobest Incorporated (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive Des Moines, IA 50321 Address of Surety (800) 678-8171 Telephone Arturo Ayala. Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 32 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On February 15, 2013 before me, Ray 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 personl4whose name�s%f°is/�subscribed to the within instrument and acknowledged to me that he( di wexecuted the same in his/bjer*eYauthorized capacityW, and that by hisWffieYsignature 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. — -- my hand and official seal. of Notary Public KAY E. ATIMSON COMM. #1852452 0 QNOTARY ORAN EC -CALIFORNIA n ORANGE COUNTY (110% _ My Comm. Expirerlune 13. 2013 (Notary Seal) 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) 181 Corporate Officer President (Tine) ❑ Par(ner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2108 Version CAPA v12.10.07 800.873-9865 www.NetaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknoeledgment completed in California must contain verbiage exactly as appears above in the notary seclion or a separate acbmnvledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of Califomia In such hulaaes, any alternative acknowledgment verbiage ar may be printed on such a document so long as the verbiage does not require the rotary to do something that is illegal far a rotary in California ft -e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach thisfam ]required • State and County information must be the Stare 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 name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization • Indican the correct singular or plural forms by crossing on' incorrect forms (i.e. he/shef#wjy, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or tines. If seal impression smudges, reseal if a suffctent 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. h 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. 3 Indicate rhe capacity claimed by the signer. If the claimed capacity is a corporate officer, indican the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT YYYYYYYYYYYYYYYYYYYiYYYYROYYYYYYYYYYYYYYYYYYYOYYAN.YYYYYY. Y YYYYYYY1Y11YY YYYF YYYI State of Calffornia County of ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sfgna res(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ac d, 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 .YYYYYYYYYY. Yrlp YI aYY YYY1111YYYY YY 11 it YYY mamma Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Att( CEO/CFO/ President / V Other: Other OPTIONAL Identification / Secretary I Treasurer 33 (seal) YYY.YYYYYYYYY YYY YYYYYYYYYY Y YYYYYY.I Thumbprint of Signer 0 Check here If no thumbprint or f ngerprint Is available. ACKNOWLEDGMENT YYYYYYY Y11MMMI YY....... MAMMA Y ................ YYYY YYYYYYY YYY...... m mous YYYY\.Omni State of California County of orange } ss. On 2/15/13 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(sj is/are subscribed to the within instrument and acknowledgedto me that he/std executed the same in his/herAWR authorized capacity", and that by his/herilbolk signature*) on the Instrument the person(s), or the entity upon behalf of which the person(5) 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. (ice r Signature Susan Pug (seal) .......Y MaNAMNS.........YYY ........ Y .................... Nam....... Von...tYYYYYI Date of Document Type or Title of Document Number of Pages in Document Document in a f=oreign Language OPTIONAL INFORMATION 2/15/13 Thumbprint of Signer Faithful Performance Bond 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 f Vice -President / Secretary / Treasurer x Other: Attorney -In -Fact _ Other M Check We If no thumbprint or fingerprint Is available. SUSAN PUGN COMM.#1934229 mNotary 104 Public-CaliforniaORANGE COUNTYy Corhn Expires Apr 29,2015 (seal) .......Y MaNAMNS.........YYY ........ Y .................... Nam....... Von...tYYYYYI Date of Document Type or Title of Document Number of Pages in Document Document in a f=oreign Language OPTIONAL INFORMATION 2/15/13 Thumbprint of Signer Faithful Performance Bond 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 f Vice -President / Secretary / Treasurer x Other: Attorney -In -Fact _ Other M Check We If no thumbprint or fingerprint Is available. 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK teilani I. Brown, MMC October 7, 2013 Nobest. Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Balboa Blvd. & Channel Rd. Pavement Reconstruction - C-5152 Dear Nobest, Inc.: On July 23, 2013, 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 July 30, 2013, Reference No. 2013000454650. The Surety for the bond is Merchants Bonding Company and the bond number is CAC100110. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4'4� � �K� Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 - Fax: (949) 644-3039 - www.newportbeachea.gov ERM AIBD IS STM FOR TDAIDUST On - A£IIJlS SC�BIBCT TO AD7U3TMENf BASED ON RNAL CONTRACT PRICE, This bond was executed in two (2) identical counterparts. City of Newport Beach BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION Contract No. 5152 BOND NO. cacsooi i o IR_1'_ i MW WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Nobeat Incorporated, hereinafter designated as the "Principal," a contract for construction of BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION, Contract No. 5152 in the City of Newport Beach, in strict conformity with the plans, drawings, specificatlons 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. 8152 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Merchants Bonding Company (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, One Hundred Seventy -Five Thousand and 00/100 Dollars ($1,175,000.00) 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, fall 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 0 • 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 at. 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 , sth day c Nobest Incorporated Nobest Incorporated (Principal) Merchants Eondinq .g2Mpanv {Mutual} Name of Surety 2100 Fleur Drive Des Moines, IA 5U21 Address of Surety (900) 678-6171 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED m CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On February 15,2013 beforeme, Ray S. Anderson/Notary Public (Hem insert mme ami title of tlmofl'icer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the persorj whose named is/ Subscribed to the within instrument and acknowledged to me that he%1;IC �° executed the same in his/,b~' authorized capacity, and that by his/,llet9tJaeff signature on the instrument the person; or the entity upon behalf of which the personacted, executed the instrument. I certify -under PENALTY OF PER3URY under the laws of the State of California that the foregoing paragraph is true and correct, ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TIME ATTACHED DOCbNIENT ;(Title or description of attached document) (Title or description,ofattached document continued) Number of Pages ____ Doclunent Date (Additional information) CAPACITY CLAIMED BY THE SIGNER KAY E.ANDERSON and official seal. COMM, #1852452 0 CorporateOilicer NOTARY PUBLIC -CALIFORNIA COUNTY ORANGE COUNTY Y13. • „oh My Comm. ExRlre 2013 _ ... (Notary Seal) ❑ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF TIME ATTACHED DOCbNIENT ;(Title or description of attached document) (Title or description,ofattached document continued) Number of Pages ____ Doclunent Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) 1@ CorporateOilicer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008Vmioa CAPAvl2,10.07800.873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgmett compieted in California must conmin verbiage exactly os appears above in the rotary section or a separate aekmswledgment farm must be properly completed and attached to that document, rhe only mention a if a document Is to be recorded outside of California. In such instarraa, any alternative acknowledgmew verbiage as maybe primed on such a document so lmrg as the verbiage does nor require the notary to do someoung, that is Wegal for a notary in California (i. e. cerdMhg the authorized capacity of the ,signer). Please check the docmnem earefullyfor p%oer notarial warding andaaaeh thisfwm if requiretE • State and County information must be the Stare and County where the document signer(s) personally appeared before rho notary public for ardmowledgment • Date of notarization most be the date that the sigaer(s) personally appeared which must also be the same date the acknowledgment is completed. • The nanny public most print his or her name as it appears within his or her communion followed by a cotanna and than your title (nomy, public). • Print the ramie(s) of document signer $) who personalty appear at the time of notarization. • Indicate the correct singular or plural fomes by crossing off incorrect fours (i.e. he/she/dwe - is /are ) or circling the cmrem-t forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or linea. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different aclmowledgment form. • Signature of the notary, public must match the signature on file with the office of the county clerk- 4- Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 5. Indicate title "type of attached documenk number of pages and date. tr Indicate the capocity 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 ACKNOWLEDGMENT 0..YYYYYYYYYYYYYYYIYYYY YYYY YYYY YYYYYYYYYYYYYY YYYYYY YYYY.... YYYYYYYYY YYYYYY.. ON, State of California County of 58. On before me, Public, personally appeared Notary who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,Cecuted the instrument. / I certify under PENALTY OF PERJURY under the laws of the State ofC�itfornia that the foregoing paragraph is true and correct. r WITNESS my hand and official seal. Signature Y{YYYY YYYM YYYYYY YYYYY3f YYYY{YYY{YYY YY{Y YYYY YY Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification _ Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFOICOO President 1 Vice -President I Other: Other OPTIONAL INFORMA /Treasurer 37 (seal) {{YY 111 Yl(Y {Y YYYYY Y ..... YYYY, Thumbprint of Signer ❑ Check here If no thumbprint or rmgWrint Is available. 0 i ACKNOWLEDGMENT **MIYPYYYYYYYYYIIY YYYYYYYMMYYYO11f YYY YY YYY YYYYYk YYM YP 1,Y1111Y 11YY YYYYYIYYY YYYYYYYPYYY, State of California County Of oranQP )ss - On 2115 13 before me, Susan Pugh Notary Public, personally appeared Arturo Ayala proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures($) 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 Susan Pugh sc.e. SUSAN PUGH ti ?�y COMM. #1934229 n y Notary Public -California ¢ ORANGECOUNTY •My Gomm: Expims APr 29, 2015LL (seal) YYYYYYYYYYYRRYYYYSR01lIMRM YRYYYYPYYY YYYYYYYYYYiYtR. YYYYYY YYY YYYI YYYRYRYY RYIYYYPPI Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language OPTIONAL INFORMATION 2 / 1 S 113 Thumbprint of Signer Labor and Materials Payment Hand Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee Power of Attorney CEO/CFOICOO _ President I Vice -President / Secretary? Treasurer _Other: Attorney -In -Fac Other RE ij Check here if no thumbpriat orfhVerprint Is avallabia. MERCHANT Bond No. CAC100110 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duty 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 Attomey-in-Fart, 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-Aftomey 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 -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizanoes, 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 seat 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„wwr,nr rip+`+rSONn(t R'•%�, �•Y}1MCa..,L,(Jrffei• MERCHANTS BONDING COMPANY (MUTUAL) ....... d9'"s :quo: p4POq 9�;.-4•. MERCHANTS NATIONAL BONDING, INC. 2�: „+ -0- :G a �:— o c• 3• L.4 xtt. 1933 : c. >%.........,r ,disk.. .. lyi•: STATE OF IOWA w„ sY COUNTY OF POLK six ""^•••••'nnr", . . •". .• President On this271hday 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, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. pp MARANDA GREENWALT 440f46r7.i1Fi.�.7' �F Commission Number 770912 My Commiasfoa Expires October 2E, 2914 Notary Public, Polk County, lows 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 15th day of February , X2013 ,.,.. rr•rr . �l►OHpr.o mO�pAPOg45i955: spm a. 2003 1.0 i . y� 1933 POA 0014 (11/11) Secretary ri I'-�t� ei in Official Records, Orange County RECORDING REQUESTED BY AND Hug ' yen, Clerk -Recorder WHEN RECORDED RETURN TO NO FEE '" -3 ��III$�IIW��IIIIIII II II III 111111(IIII IIII IIII II City Clerk -E 20130004546501:18 pm 07130113 City of Newport Beach 413 N12 0 .0 0 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 Incorporated of Garden Grove, CA, as Contractor, entered into a Contract on February 12, 2013. Said Contract set forth certain improvements, as follows: Balboa Boulevard and Channel Road Pavement Reconstruction (C-5152) Work on said Contract was completed, and was found to be acceptable on July 23, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company. BY \�r'„r,, K/ L Public Works Director City of Newport Beach LTJ 401 aK-AIIs] i! 1 certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �j� Executed on(Tajo �� 'V 3 at Newport Beach, California. BY City Clerk 1= Ir 1 LALI FOF� go OFFICE OF THE CITY CLERK L,eilani I. Brown, MMC July 24, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Balboa Boulevard and Channel Road Pavement Reconstruction (Contract No. 5152) Please record the enclosed document and return to the City Clerk's Office. Thank you. fr ►��ti�� ,� �N Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 , www.city.newport-beaeh.ea.us LUTIM 1 111 MR i' i i i 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 Incorporated of Garden Grove, CA, as Contractor, entered into a Contract on February 12 2013. Said Contract set forth certain improvements, as follows: Balboa Boulevard and Channel Road Pavement Reconstruction (C-5152) Work on said Contract was completed, and was found to be acceptable on July 23. 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company. M Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 5114�� , at Newport Beach, California. BY 04� J - City Clerk 'CITY O F a ,roNEWPORT BEACH r"4lFaa"" City Council Staff Report Agenda Item Nov 4 July 23, 2013 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 949-644-3340, ftran@newportbeachca.goy APPROVED: .<.c TITLE: Balboa Blvd. and Channel Rd. Pavement Reconstruction — Notice of Completion and Acceptance of Contract No, 5152 Ii=%'�i1T:7nI�il On February 12, 2013, City Council awarded Contract No. 5152, Balboa Blvd. and Channel Rd. Pavement Reconstruction, to Nobest, Inc., for a total contract cost of $1,175,000.00 plus a 15% allowance for contingencies. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATIONS: 1, Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount Proposition 16 7185-C2002058 687,443.51 Measure M 7281-C2002058 658,776.00 Total: $1,346,219.51 Balboa Blvd. and Channel Rd. Pavement Reconstruction — Notice of Completion and Acceptance of Contract No. 5152 July 23, 2013 Page 2 DISCUSSION: Overall Contract CosVTlme Summary Awarded Final Cost at Contingency Actual % Due to % Due toContract Contract Amount Completion Allowance Directed Unforeseen Change Change Change $1,175,000.00 $1,346,219.51 15% or less +14.6% 7.5% 7.1% Allowed Contract Time (days) 83 Actual Time I Under (-) or Over 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: $1,175,000.00 $1,190,317.20 $155,902,31 $1,346,219.51 The work necessary for completion of this contract consisted of removing the existing concrete pavement and reconstructing with new concrete pavement, reconstructing curb access ramps, adjusting utilities to grade and performing other appurtenant and incidental items of work. A failing concrete box culvert on Balboa Blvd. at 1" Street was also replaced as part of this project. The final construction contract cost was approximately 14.6 percent above the original bid amount. The actual cost of bid items constructed was more than the original bid amount due to a slight increase in the quantity of items constructed compared to the bid amounts. Reconstruction of the concrete pavement on "H", "I" and "J" Streets was added to the scope of this project which increased the final contract costs by approximately 7.5 percent. A summary of the project schedule is as follows: Estimated Completion Date per 2012 Baseline Schedule June 212013 Project Awarded for Construction February 12, 2013 Contract Completion Date with Approved Extensions July 12, 2013 Actual Substantial Construction Completion Date July 3, 2013 Balboa Blvd. and Channel Rd. Pavement Reconstruction — Notice of Completion and Acceptance of Contract No. 5152 July 23, 2013 Page 3 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. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: �1 qtqDavid A. Webb Public Works Director Attachment: A. Project Location Map d 8 L sr 1wommill ■ni !4 ATTACHMENT A x Q F:\users\p9W\SM1amd\CA04\EngMcerinq\S1REEi5\R60345-Balboa-91vd\9a1Uoo_Lawtian-Map.dag 47/45/13 BALBOA BLVD. AND CHANNEL RD. CITY OF NEWPORT BEACH PAVEMENT RECONSTRUCTION PUBLIC WORKS DEPARTMENT LOCATION MAP C-5152 1 7/23/2013 PAVEMENT RECONSTRUCTION Title of Project $ 1,600,000.00 Engineer's Estimate Approved by David A. Web FanIMMEM r Drawings bycontacting Mouse+ Located at 659 W. I 9th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, can Frank Tran, Proiect Manager at(949)644-3340 BIL} INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http_ www.Ne�� CLICK: Online Services 1 Bidding &Sid Results A ;unasti- s ;K#T*ll 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 ............... .................. ........ .................. SPA Pi o [ s a Contract No. 5152 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) 743-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. if Contractor's License No. & Classification Bidder f 1� Date -'� 2 Contract No. 5152 Bond No. NOBIN-7B rP s r 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 BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION, Contract No. 5152 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 Hon sng al) If the un`riersigned 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 . 7th day of _ January 2011 Nobest Incornorated Name of Contractor (Principal) Merchants Bonding. CoEtMany (Mutual) Name of Surety 2100 Fleur Drive Des Moines 1A 50321 Address of Surety '800L 5^8-817" Telephone Arturo Ayala Attornev-In-Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 State of California County of Orange On I % before me, Kau B. Anderson/Notary Public (Hese insert name and title of the officer) personally appeared Larry Nodland who proved to me on the.basis of satisfactory evidence to be the personXwhose namcjWis(oe `subscribed to the within instrument and acknowledged to me that he%Wffi' W executed the same in his/horftheif authorized capacity josf, and that by his/jae17tfe(r signatureWon the instrument the persons); or the entity upon behalf of which the persdnacted, executed the instrument. I certify under PENALTY OF PER.iI.iR.Y under the laws of the State of California that the foregoing paragraph is true and correct. ,' � KAY E.At;OEft>ON official seal. COMIM #1852452 i• NOTARY PUB IC -CALIFORNIA t 0� ORANGE COUNTY .� ,t "� P.CyCamm, Ex(ires June 213 (Notary Seal) DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (Title or description ofattaehod document continued) Number of Pages _ Document Date _ (Additionatinformation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) LM Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 900-873-9865 www.NotaryCiasses.wat INSTRUCTIONS FOR COMPLETING THIS FORM dry acknowledgment completed in California most contain verbiage exactly as appears above in the notary section or a separate aelmowledgnamo form must be property completed and attached to that document The only exception is if a document is to be recorded outside of Califomia. In such variances, 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 it e. certifying the authorized capacity of the signer). please check the document carefullyfor proper notarial wording and attach thisform ifrequired • State and County information must be the State and County where the docmnent signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the sigoer(s) personally appeared which most also be the same date the acknowledgment Is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and than your tide (notary public). • Print the name(s) of document signer(s) who personally appear at the time of nota Tzation. • Indicate the cored singular or plural forms by crossing off incorrmt forms (e e. helshclffiay,, is tare) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not rover tem or lines. If seat impression smudges, re -scall if a sufficient area permits, otherwise complete a dif teent acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. •3 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. CFA, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT ®u N....uX........0...M............. W..6 ... I.... Y.... a....... W....... wo...... x State of California County of Orange ) ss. On X113 before me, Susan Puah Notary Public, personally appeared Arturo Ayala who proved to me on the basis of satisfactory evidence to be the person(R) whose name(tt) is/ace subscribed to the within instrument and acknowledged to me that he executed the same in his/ authorized capacity¢iss), and that by his1heW9V* signatures(2) 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. `.:•°i.'",, SUSAN PUGH WITNESS my }land and OfftClai Seal. ' ;y e COMM. 81934229 00n Notary Public -California tt .� ORANGE COUNTY y Comm, Expires Apr 29,2015 Signature' Su ant.,Pug w -. _.. ... (seal) W..W.i.W.YRWWtl.Y.WWWWWB..W.WWW..................... W...... W.... 0..............I Date of Document Type or Tide of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 1 /'7z 7.3 Bid Bond One No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identifikation Credible Witness(es) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President/ Vice -President I Secretary /Treasurer X Other: Attorney -S -Fa t Other Information: 6 •vetivvtl\u1•pep•mvutl\em•vevw\mMv•mevl tle RmpReutl•\v 11uW•�tupRmppv\w•mw upplYu State of California County of On Public, personally appeared S& before me, Notary proved to me on the basis of satisfactory evidence tofbe the person(s) whose name(s) is/are subscribed to the within instrument and acknowle ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), a that by his/herltheir signatures(s) on the instrument the person(s), or the entity upon beh f of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY der the laws of the State of California that the foregoing ;paragraph is true and correct. WITNESS my hand and official seal. nature Y Wtl1W YYYWWOMB\YW WYBYWWWM Date of Document Type or Title of Number of Pages Document in a Fp(reign Language (seal) p1\1\\110\\\Y\\R\1M1011Y1\\110tlw\\B\1Bpp1\11\\111Ytl\[ OPTIONAL INFORMATION 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 / Treasurer Other: Other 19 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. RC 'PC Bond No. NOETN-78 BONDING COMPANY,a 9017 A 4 MUSIMM 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 Attomey-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-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 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this27thday 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 x° F Commission Number 770312 My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, 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 7th day of January 2013 - POA 0014 (11/11) e Ir'ir ,=r,''�?E :5v.• 1933 •�Ye ° 1933 STATE OF IOWA °• ` 'ry`°° s*` as"'""»+"" °°°. �-r COUNTY OF POLK as. •°<°°•' MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By President On this27thday 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 x° F Commission Number 770312 My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, 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 7th day of January 2013 - POA 0014 (11/11) Secretary Ir'ir ,=r,''�?E :5v.• 1933 •�Ye ° Secretary Contract No. 5152 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: RVTM:M 2 E L'On,?el vre, Address: r Phone: State License Number: Gj ` Name: 0 Address: } Phone: �7 I f) b l? State License Number: 3" Name: Address: Phone: State License Number. Bidder Kmc= �� M oI I m Contract No. 5152 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formW Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN 14 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. I 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. Page 1 No. 1 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: 8/2011 Agency Name: City of Newport Beach Contact Person: Mike Sinacori 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: 1012010 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 Nane/Number: Annual Concrete Maintenance Project Description: Removal & Replace Concrete Sdwks., WC Ramps, Curb & Gutter Approximate Construction Dates: From: 812010 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 & Clutter 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 Isigg.' 11i Fill W h 111 11111 11, 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 No. 8 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: 4/2010 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 Age� file any claims against you/Contractor? If yes, briefly explain and i outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: 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. 10 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 against you/Contractor? If yes, briefly explain and indicate outcome No. 5 Project Name/Number Project Description Approximate Construction Dates: Agency Name Contact Person Original Contract Amount If final amount is different To: Telephone ( Contract Amount original, please explain (change orders, extra work, etc.) Did you file any claiOs against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number 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 information sufficiently comprehensive to permit an appraisal of the Contractor's current fi conditions. Bidder Authorized S nat relTitl 12 Contract No. 5152 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of�ft) being (first duly swam, deposes and says that he or she is t'rr�b2� of � 1"%G�3t f aar. the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation; partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing isNkue and Bidder Subscribed and sworn to (or affirmed) before me on this \1 J day of r 2013 by F proved to me on the basis of satisfactory evidencel to be the personKwho appeared before me. m I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f KAY E. ANDERSON [SEAL] I �� GOW #1&52452 4 u NOTARYNUBLIC CALIFORNIA ORANGE COUNTY 13 My Commission Expires: — 15 "" .t r . aI q Ili ll 21 ik Is ,. *: .. #,.. Contract No. 5152 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): M 14 "0A, -, 101 + A III III MILIVIAM. .,1=1 • i Contract No. 5152 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name lG=ldrey L /- 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. IN Current Record Record Record Record Record Year of for for for for for Record 2012 2011 2010 2009 2008 Total 2013 No, of contracts x }: Total dollar Amount o Contractsf ; ) xr .fir l f'l f� i "t 1 4S > (in Thousands of _§)__ No, of fatalities r v t� No. of lost Workday Cases C (✓ 1 No. of lost workday cases, involving -- permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. IN Legal Business Name of Bidder Business Address: 7�eC7 4ecc,�, Business Tel- No.: (lq) State Contractor's License No. and Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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 partnershipljjoint 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. 151 [ •-.�.. M State of California County of Or we On before me, xav E. Anderson/Notary Public_-. (Here inset name and title ofthe Officer) personally appeared Larry Nodland and Robert Nodland 11 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),; glare subscribed to the within instrument and acknowledged to me thatAG�Wthey executed the same in lhioor/their authorized capacity(ies), and that by l 42#tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. DESCRIPTION OF THE ATTACHED DOCUMENT „(Title or description of attached document) (ride or description of attached document continued) Number of Pages- Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer COMIM. #1852452 O (Tine) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2,10.07 800-873-9865 www,NotaryClasses.cam INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Catiforma must contain verbiage exactly as appears above in the notary section or a separate whounviedgmem form must be properly completed and attached to that document. The only exception a if a document is 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 notary to do something that is illegal for a notary in Cahib ma ire. cerri)ymg the aathonerd c pacity of the signer). Please check the document carefuilyfor proper counter warding and attach d isfarm 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 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 hot commission followed by a comma and than 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 fors (i.e. hWshe/duiy; is /tee) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seat impression smudges, re -seal if a sufficient area perits, otherwise complete a different acknowledgment for. • Signature of the notary, public most match the signature crr 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 (i.e. CEO, CFO, Secretary). • securely attach this document to the signed document / KAYE ANDERSON r 1 t COMIM. #1852452 O 1`) NOT.ARYPU9LIr CAUFORMA ORANGE COUNTY �� ABY~=on,m E�pOc+s June t3, 273 p^ (Notary Seal) '`' ''`�"'�''.• INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Catiforma must contain verbiage exactly as appears above in the notary section or a separate whounviedgmem form must be properly completed and attached to that document. The only exception a if a document is 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 notary to do something that is illegal for a notary in Cahib ma ire. cerri)ymg the aathonerd c pacity of the signer). Please check the document carefuilyfor proper counter warding and attach d isfarm 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 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 hot commission followed by a comma and than 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 fors (i.e. hWshe/duiy; is /tee) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seat impression smudges, re -seal if a sufficient area perits, otherwise complete a different acknowledgment for. • Signature of the notary, public most match the signature crr 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 (i.e. CEO, CFO, Secretary). • securely attach this document to the signed document Contract No. 51.52 Bidders namejj f PIC, The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. 17 LOIRgmil r� Contract No. 5152 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: A01A''S Business xve- Telephone and Fax Number: 1-,21qJ Z��2- CSY=% California State Contractor's License No. and Class: f, (REQUIRED AT TIME OF AWARD) Original Date Issued: I/— V Expiration Date: "-7-21- / 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: y, The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone t 16e'1 -a -- Corporation Corporation organized under the laws of the State ofltt /,t%:F,w 11E. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: /v//W 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; 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 labo )ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc,)? Yes m Are any claims or actions unresolved or outstanding? Yes N If yes to any of the above, explain. (Attach additional sheets, if necessary) 'A/ /i Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder f 1,141a /' (Print n me of Owner or President I life Date On 1-1-7 — before me, kluf IL;_ Notary Public, personally appeared l who proved to me on the basis of satisfactory evide ce to be the person(s) whose name(sy War subscribed to the within Instrument and acknowledged to me that hets� executed the same in hislheAfh& authorized capacity(ies), and that by his/hsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission Expires:' 20 (SEAL) '\ KAYE ANDERG a� COMM 1,1852452 0" - Nnraar ueiNnueocww oa tc=co,vry `-Lz My Com Exp r PAVEMENT , ♦ RECONSTRUCTION Contract No. 5152 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND s7ir<iT_PL s • 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 City of Newport Beach Contract No. 5152 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this ,L1gday ofik 2013, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and c anter 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 pavement, sidewalk, curb and gutter, cross gutter, driveway approaches, curb access ramps, and constructing new concrete pavement, sidewalk, curb, driveway approaches, curb access ramps; installing new pavement striping, curb painting; 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. 5152, 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 fumished 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. 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, One Hundred Seventy -Five Thousand and 00/100 Dollars ($1,175,000.00). 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: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Frank Tran (949)644-3340 CONTRACTOR 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 awn 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 meet 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, P 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, fumes, 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 Requirements. 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. G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the 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. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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 Date: 5 Aaron6--Harp City Attorney � . - r • 1 �7 1 Leilani I. Brown City Clerk 30 CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter City Date: _ � ' By: Keith D. Curry Mayor NOBEST INCORPORATED a California corporation la Title: President Print Name: Larry Nodland Date: 2-19-13 By: e (Financia fficer) Title: Secretary Print Name: Robert Nodland, II Date: 2-19-13 State of California County of Orange On 2 ®19 --P before me, Ray E. Anderson/Notary Public (Here insert name and title of the officer) personally appeared Larry Nodland and Robert Nodland 11 who proved to Ire on the basis of satisfactory evidence to be the person(s) whose name(s) s9aare subscribed to the within instrument and acknowledged to me chat. s}te9they executed the same in t i5 sdtheir authorized capacity(ies), and that by Yis'/Wtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 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) ❑ Corporate Officer KAY E. ANDERSON (Title) � COMA#1 852452 O WITNESS my d and official seal. 1 C NOTARY PUBLIC CALIFaRNTA .� CRANGECOUNTY Trustee(s) ❑ Expi.es.Une 13. 213 -—�—-<- (Notary seal) 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) ❑ Corporate Officer (Title) ❑ Parmer(s) ❑ Attorney-ln-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 %v w.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acotowledgmem completed in California must contain verbiage exactly as appears above in the notary section or a separate acknawledhmrent form must be properly completed and attached to that document The only exception is tf a document is to be recorded outside of Cahfornia. In 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 a Illegal for a notary in California #.e. cerxifymg the authorized capacity of the signer). Please check the document carefullyfor proper notoriad wording and coach this form ifrequired. • 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 be 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). • Pitot the name(s) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural fomes by crossing off incorrect forras (i.e. kdshehhay is hare) 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 text or lines. If seat impression Smudges, re -seal if a sufficient areapermits, otherwise complete a different acknowledgment form. • Signature of the rotary public most match the signature on file with the air= 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 (i.e. CEO, CFO, Secretary)_ • Securely attach this document to the signed document This bond was executed in two(2) PREMIUM IS FOR CONTRA(I TERM AND IS SUBJECT TO AWUSTMENT identical counterparts. BASED ON FINAL FONT RACT PRICE Citv of Newport Beach Contract No. 5152 BOND NO. CAC100110 + •' u' F•. �.. The premium charges on this Bond is $ 1 s , 2 s o . o o ... being at the rate of $25.00 IS.00 / 10.00 Der 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 BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION, Contract No. 5152 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. 5152 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Merchants [3a ina 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, One Hundred Seventy -Five Thousand and 001100 Dollars ($1,175,000.00) lawful money of the United States of America, said sum being equal to 1041% 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 the Surety above named, on the i5rh day of February , 2413. Nobest Incorporated Nobest Incorporated (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive Des Moines IA 50321 Address of Surety (800) 678-8171 Telephone Artnro Ayala, Attornev-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURE MUST BE ATTACHED WA State of California County of Orange Cin February 15, 2013 before me, Kay E. Anderson/Notary Public (Here intent name and title of the officer) personally appeared who proved to me on the.basis of satisfactory evidence to be the person zf whose namej"is/subscribed to the within instrument and acknowledged to me that he/.shc/�Wexecuted the same in his/Wfljeif°authorized capacity, and that by hisjIce177oI signature,Won the instrument the person; or the entity upon behalf of which the personp)*'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 44DERSCN and official seal. COP14M. #1$52452 O hOTARYPU8,c CAWFCRMA /9 ORAN E000NTY '-I MY Comm Expi2+s,)iire 13, 2013 (Notary Seal) DESCRIPTION OF THE ATTACHED DOCUMENT ,(Title or description of attached (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ 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 rotary 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 outside of California. In such instances, any alternative acknowledgment verbiage as maybe printed 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 (i. e, certifying the authorized capachy 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 notarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment 1s completed. • 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 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. he/sheldW- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal 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. A 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 MPYMPW..PPP YYYYPMPYbY YRY YPY W......WYYYWYYbYYY YMWWWWYYY YW...... Y......... MA..MM, State of California County of Ss. On before me, Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacky(ies), and that by his/herttheir signajares(s) on the instrument the person(s), or the entity upon behalf of which the person(s)d, executed the instrument. 7 I certify under PENALTY OF PERJURY under the laws of the State 6f California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature .WWM.................. PW...MW............ Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Credible Witnesses) Capacity of Signer: Trustee Power of Attt CEO / CFO t President / V Other: Other OPTIONAL Identification / Secretary I Treasurer 33 (seal) PP.... YWM................. 0.0.....I Thumbprint of Signer Check here if no thumbprint or ingeipont Is available. ... W ... YYAWY®YWYY¢W..AWN.WN..................YM YY MWMYMA MWY...... "M ... WWWYd Wask State of California County of orange On 2115/13 — uan Pu(Th before me, ss _ Notary Public, personally appeared Arri,rn Ayala proved to me on the basis of satisfactory evidence to be the person(B) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/sh&utw executed the same in hs/bti'03eitz authortzed capacity", and that by hislheg1hojj� signatures(;) 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 susan PugTi --- SUSAN PUGH COMM. #:1934229nBj Notary pu b(Ic-California s0nANCa Cc U NTY ap Cofim. Expires Apr 29, 2015 (seal) ......................... WWW.WWW..W...... A ...... *.No MMM. W .... $YM.YM M.... YWMYMM, Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 2/15;13 _ Thumbprint of Signer Faithful Performance_ Bond Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer. Trustee X Power of Attorney CEO / CFO / Cao ry President/ Vice -President/ Secretary/ Treasurer X__Other: Other 34 E] ❑ Check here if no thumbprint or fingerprint Is available. PREMIUM IS FOR CONTRACT TERM ARID IS SUBJECT TO ADJUSTMENT This bond was executed in two(2) RASED ON FINAL CONTRACT PRICE_ identical counterparts. City of Newport Beach + 9MAIRUM9 BOND NO. CAc100110 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 BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION, Contract No. 5152 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. 5152 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Mgrchants Bonding company (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, One Hundred Seventy-f=ive Thousand and 00/100 Dollars ($1,175,000.00) 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 i5th day c Nobest Incorlporated Nobest Incorporated (Principal) Merchants Bonding Company (Mutual) Name of Surety 2100 Fleur Drive Des Moines IA 50321 Address of Surety (800) 678-8171 Telephone Arturo Ayala, Attorney -In -Fact Print Name and Title NOTARYs OF s •- AND SURETY MUST e7 47TACHED 36 F to State of California County of Orange On February 15,2013 before me, Ray 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 personywhose nanfc , `is/#r�subscribed to the within instrument and acknowledged to me that helAdht pr executed the same in his/ wf*eitauthorized capacity, and that by hisjTerf x� kr'signatureyon the instrument the person); or the entity upon behalf of which the personp"acted, executed the instrument. I certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing paragraph is true and correct. �� KAYE.AND'cR50N WITNESS my hand and official seal. COMM. #i 852452 C.i N r•: l :� / 0 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY „a \ °(M - Commplres Je un13,2013 (Notary Seat) ❑ DESCRIPTION OF THE ATTACHED DOCUMENT ,(Tide or description of attached document) (Tine or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIIvfED BY THE SIGNER ❑ Individual (s) IN Corporate Officer President (Title) ❑ Parmer(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10A7 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 document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acbunvledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that a illegal for a notary in California (i.e. terrifying the authorized capacity of the signer). Please check the doc+anent carefullyfor proper notarial wording and attach thisform if required • State and County infommtion 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 must also be the same date the acknowledgment is completed. • The notary public most 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 (io- hatshelthay— is lace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover test or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment to=, • Signature of the notary public must match the signature on file with the office of the county clerk. e Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide 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 tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document Y tlHYtlpp YM pYRYbYp®YgpR RRPRpRpq®H Pp RY YYY ptl YtlpppYpp RP pOpq RgMMPP Y®®Y®YY Pp YpY tlbpHi Ypl State of California County of } ss. On Public, personally appeared before me, Notary _ ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,c ecuted the instrument. ! I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. j WITNESS my hand and official seal. Signature (snap bPbpYp.Y...... Y.00............ YPY...Y.............Y P Y. Y.YR..... p..P........... OPTIONAL INFORMAT/Ol�i Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President 1 Other: Other /Treasurer 37 r] Check here if no thumbprint or fingerprint Is available. ........... M.WWW®Wtlt....W..M WWW. W.... tu...... ow.......... W$WW®t®ttl.........I State of California County of orange )ss. On 2/15/13 before me, Susan Pugh 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/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan Pugl , SUSAN PUGH COM M. 41934229 N .< Notary Pubiic-California tt ORANGE COUNTY a `.a My Somm: ao'r, Apr 29,2015 (seal) ........ WWW............WW®W9ko..Y.W.t...........WW.. Y..... woo W.O...... 0.......I Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 2/15Z13 Thumbprint of Signer Labor and Materials Payment Bond No Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness{es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary'/ Treasurer _Other: Attorne -in-Fact Other ❑ Check here if no thumbprint orfngerprint is available. MERCHANT Bond No. CAC100110 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 taws 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 Atfomey-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-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 -m -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 seat 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. s+``,A,T„.: tl.�t1V :'•••• r:r!k76•, MERCHANTS BONDING COMPANY (MUTUAL) py Bt - '}49 "q `O:VO�PORgf1- MERCHANTS NATIONAL BONDING, INC. •�"- 203 :.� • ;a••' 1433 ', gee 7f �� ` y�, c:` By s�.r��;�•......,•:i,�c�,�.=' '•,�,,�....... •`ted: STATE OF IOWA p s! a*+ COUNTY OF POLK ss. '^ o+•,."'`+ President On this 27thday of February 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swam 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 Oficial Seal at the City of Des Moines, Iowa, the day and year first above written. .� MARANDA GREEN Commission Number 770312 My Commission Expires °Wt October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. 1, 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 15th day of February . _ 2013 POA 0014 (11/11) Secretary CONTRACT NO. 5152 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. 5152 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 and Demobilization r'" 1 �7a r— � efll hall �f�7 Dollars and Cents $ Per Lump Sum 2. Lump Sum Traffic Control airand G/ Pry .�.. /00 Cents $.�. Per Lump Sum 3. Lump Sum Surveying Services @ 5ix/PPr Dollars and %J t Cents $ (• Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Provide As -Built Drawings 5. 1.1 7 am @ Three Thousand Dollars and Zero Cents $ 3,000.00 Per Lump Sum 160,000 S.F. Remove & Reconstruct 8 -in Thick PCC Street Pavement Dollars and Cents $. $i'. Per Square Foot - 3,500 LF. Remove & Reconstruct Type "B" PCC Curb Dollars and PV0 Cents $ _ $ t , AV Per Linear Foot 300 S.F. Remove & Reconstruct 8 -in Thick PCC Cross Gutter @ 7en Dollars kIand p } = ` Cents $ t $ 1�.j Per Square Foot 900 S.F. Remove & Reconstruct 8 -in Thick PCC Alley Approach @ f' Dollars and N66 Cents $ o' $ [ > ,Per Square Foot -- 3,000 S.F. Remove & Reconstruct 6 -in Thick PCC Driveway Approach @ G'(I1 Dollars r- o and 10 Gents Per Square Foot PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 11 12. 13. M 2,500 S.F. Remove & Reconstruct 4 -in Thick PCC Sidewalk @ r U e Dollars and Cents $ Per Square Foot 10 EA. Remove & Replace Water Meter Box @ At YI(A" Dollars � and�� s �= Cents $ �� Per Each 35 EA. Remove & Replace Water Valve Frame and Cover @ eftP / °'W?arN41 Dollars A/0 and A/0 Cents $ 16,x.. $ Per Each T- 3 EA. Remove & Replace Sewer Cleanout Frame and Cover to Grade @ One /_�al2, lA Dollars / and/l� ,; U' Cents $ !�� Per Each 22 EA. Adjust Manhole Frame and Cover to Grade @ Dollars and Cents Per Each 1 0 oe mo Ole: 15. 1 EA. Remove Tree14 411ay r Dollars and jet Cents Per Each E ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16, 18 EA. Remove and Reconstruct PCC Curb Access Ramp. w &41-elvi @ Dollars �,{/[ and / C Cents $ Per Each 17. 12 EA. Install Raised Truncated Dome and Grind Ramp Lip at Existing Access Ramp (a) Ya lZil ea, Dollars and GSC` Cents $ l! $10 Per Each 18. Lump Sum Remove and Reconstruct 6 -in `f hick PCC Boat Access Ramp @ �^ 1 j7 Dollars and No Cents $ IG Per Lump Sum 19. 2 EA. Remove Existing and Reconstruct Catch Basin Top Slab g } "P �✓7tP! Dollars �e f and s �, r / Cents $� $ �` Per Each 20. 8,500 S.F. Remove Exist. Parkway Nardscape and Backfill with Top Soil -FivU Dollars e , and c -FA, I � f Cents Per Square Foot 21. 500 C.Y. Import Sand for Pavement Subbase Dollars -� and } L Cents $ $� Per Cubic Yard @ C/'q"-JACqSgizi Dollars and NO Cents Per Each 27. 5 EA. Remove and Replace Electrical Pull Box to Grade @ r4e,1441' Dollars and L i ILI o, Cents $ �. $ 2, Per Each PR5of6 TOTAL ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 6 EA. Remove, Restore and Install Existing Sign on New Post Dollars and �f GJ Ff Cents $ $ vUr Per Each 23. 3 EA. Install Stamped and Colored Concrete Crosswalk '! r @ Jeyen 7L 4 Dollars 4� Cents $ / j-and� $ l f f' cx Per Each 24. 45 EA. Root Prune and Install Root Barrier @ fle H44 6� Dollars I/ and ,��` —Cents $ $ Per Each 25. 16 EA. Construct 12 -in by 12 -in Seep Drain Grate Inlet @A`ye 'heit5 vd Dollars and 1111/0 Cents $ f Per Each 26. 1 EA. Remove and Replace Sewer Main Terminal Cleanout Frame and Cover to Grade @ C/'q"-JACqSgizi Dollars and NO Cents Per Each 27. 5 EA. Remove and Replace Electrical Pull Box to Grade @ r4e,1441' Dollars and L i ILI o, Cents $ �. $ 2, Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. Lump Sum Install Striping, Pavement and Curb Markings r. �< @ rpollars 1 and f `, Cents $ Per Lump Sum 29. 1,800 L.F. Install Red Curb Marking @ Dollars r71 and Cents $ Per Linear Foot 30. 200 L.F. Remove Red Curb Marking Ile Dollars and�y t tj (✓ Cents $ $ Per Linear Foot 31. 160,000 S.F. Subgrade Preparation @' Dollars and � � /kk Cents $ $ Per Square F of TOTAL PRICE IN WRITTEN WORDS and Z fiO Cents Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) $ orf 7 Oed Total Price (Figures) Bidder's Address Bidder's email address; and Title PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA BOULEVARD AND CHANNEL ROAD PAVEMENT RECONSTRUCTION CONTRACT NO, 5152 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2-6 WORK TO BE DONE 1 2-7 SUBSURFACE DATA 1 2-9 SURVEYING 2 2-9.1 Permanent Survey Markers 2 2-9.4 Line and Grade 2 SECTION 3 CHANGES IN WORK 2 3-3 EXTRA WORK 2 3-3.2 Payment 2 3-3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-1 LOCATION 3 5-2 PROTECTIONS 3 5-7 ADJUSTMENTS TO GRADE 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6-1.1 Construction Schedule 4 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7.7 COOPERATION AND COLLATERAL WORK 6 7-8 PROJECT SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 9 7-10-6 Notice to Residents 9 7-16 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 14 9-3.1 General 10 9-3.2 Partial and Final Payment 14 .:f1 ig • s iIh P-1940T'E4.i SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 15 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1.2 Concrete Specified by Class 15 201-2 REINFORCEMENT FOR CONCRETE 15 201-2.2.1 Reinforcing Steel 15 201-4 CONCRETE CURING MATERIALS 15 201-4.1.1 General 15 201-7 NON -MASONRY GROUT 21 201-7.2 Quick Setting Grout 21 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 15 212-1 LANDSCAPE MATERIALS 15 212-1.6 Root Barriers 15 SECTION 214 PAVEMENT MARKERS 15 214-4 NONREFLECTIVE PAVEMENT MARKERS 15 214-5 REFLECTIVE PAVEMENT MARKERS 15 SECTION 300 EARTHWORK 16 300-1 CLEARING AND GRUBBING 16 300-1.3 Removal and Disposal of Materials 16 300-1.3.1 General 16 300-1.3.2 Requirements 16 300-1.5 Solid Waste Diversion 16 SECTION 301 TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 17 301-1 SUBGRADE PREPARATION 17 301-1.2 Preparation of Subgrade 17 301-1.3 Relative Compaction 17 SECTION 302 ROADWAY SURFACING 17 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302-6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303-5.1 Requirements 17 303-5.1.1 General 17 303-5.5 Finishing 18 303-5.5.1 General 18 303-5.5.2 Curb 18 303-5.5.4 Gutter 18 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 18 308-1 GENERAL 18 SECTION 310 PAINTING 19 310-5 PAINTING VARIOUS SURFACES 19 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310-5.6.7 Layout, Alignment and Spotting 19 310-5.6.8 Application of Paint 19 310-5.6.11 Pavement Markers 20 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 20 312-1 PLACEMENT 20 -s • All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6030-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter; 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing pavement, sidewalk, curb and gutter, cross gutter, driveway approaches, curb access ramps, and constructing new concrete pavement, sidewalk, curb, driveway approaches, curb access ramps; installing new pavement striping, curb painting; adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 2-7 SUBSURFACE DATA Add to this section, "A copy of the Pavement Evaluation Report, Laboratory Testing, and Pavement Rehabilitation Recommendations for Balboa Boulevard and Channel Road PCC Reconstruction is available on the City's FTP site: ill. i •.. i The report is saved in the following directory: Balboa Blvd and Channel Rd Reconstruction/Geotechnical Report" SP2OF20 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Walden & Associates in Irvine, CA, and can be contacted at (949) 660-0110. 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. 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 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3`d 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 will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." SP 5 OF 20 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (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 41n, 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 25tH (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 6-7.4 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.,, 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." 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for 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 AM to 2:00 PM or a six -hour shut down between the nighttime hours of 11:00 PM to 5:00 AM 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 18th Street, The Contractor shall make arrangements for the delivery of salvaged materials by contacting the Utilities Operation Manager, at (949) 718-3402." Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. 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.newoortbeachca.aovlpublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www. clea nwaternewport, 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, 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." CaT'rTai�i l �a� a a�.aei 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." 7-10.3 Street Closures, Detours and Barricades. 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. The City's normal trash collection for this area is Monday. b. 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 6. Contractor shall maintain one lane of traffic in one direction at all times to maintain traffic circulation in the area. 7. Contractor shall restore access to driveways or alley approaches within 10 consecutive working days of concrete removal. 8. Prior to the start of construction, Contractor shall submit a construction phasing plan for City review and approval. Contractor may not work on consecutive blocks at a time in an effort to provide for adequate resident parking during construction." 7-10.4 Safety 7-10.4.1 Safety Orders. Add to this section; `The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high 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 7-10.6 Notices to Residents. 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 SP 10 OF 20 require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: 7-15 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: SP 11 OF 20 Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, preparing the BMP Plan, preparing and updating the construction schedule and phasing plan, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes 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 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 $3,000 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. Item No, 5 Remove and Reconstruct 8 -in Thick PCC Street Pavement: Work under this item shall include sawcutting, removing existing PCC street, gutter, base and subbase, disposing of excess material, grading, compaction, constructing 8 -in thick PCC street pavement over compacted native sand per City of Newport Beach STD - 108 -L, STD -109-L, and all other work necessary to complete the work in place. This bid item shall include full compensation for the storm drain local depression at "K" Street. Item No. 6 Remove and Reconstruct Type "B" PCC Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, reconstructing curb openings of existing curb drains, constructing PCC curb and gutter, 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. 7 Remove and Construct 8 -in Thick PCC Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -in thick PCC cross gutter, adjusting City utility facilities such as street lighting, sewer, SP 12 OF 20 water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 8 Remove and Reconstruct 8 -in Thick PCC Alley Approach: Work under this item shall include removing and disposing 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. Item No. 9 Remove and Reconstruct 6 -in Thick PGC Driveway Approach: Work under this item shall include removing and disposing existing conflicting improvements and constructing 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. 10 Remove and Reconstruct 4 -in Thick PCC Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick PCC sidewalk, and all other work items as required to complete the work in place. Item No. 11 Remove and Replace Water Meter Box. Work under this item shall include all labor, tools, equipment, and material costs for removing the existing water meter box and replacing with new water meter box to grade and all other work items as required to complete the work in place. Item No. 12 Remove and Replace Water Valve Frame and Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing the existing water valve frame and cover and replacing with new water valve frame and cover to grade and all other work items as required to complete the work in place. Item No. 13 Remove and Replace Sewer Cleanout Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for removing existing sewer cleanout frame and cover and replacing with new sewer cleanout frame and cover to grade, and all other work items as required to complete the work in place. Item No. 14 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 15 Remove Tree: Work under this item shall include all labor, tools, equipment, and material costs for removing tree, tree root, and backfill with compacted sand and all other work items as required to complete the work in place. Item No. 16 Remove and Reconstruct PCC Curb Access Ramp: Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, construction of concrete access ramp per Plan SP 13 OF 20 Detail and City standard plan, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359-3121 of Wisconsin or equal. Curb ramp case and modifications are shown on the plans. Item No. 17 Install Raised Truncated Domes and Grind Ramp Lip at Existing Access Ramp: Work under this item shall include, but not limited to, grinding concrete curb access ramp lip from the back of the depressed curb to flush against adjacent gutter or roadway, sawcutting, removing and disposing of conflicting portions of concrete access ramp, and constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc (562) 716- 8677 of Southern California. Item No. 18 Remove and Reconstruct 6 -in Thick PCC Boat Access Ramp: Work under this item shall include sawcutting, removal and disposal of conflicting portions of existing improvements, compacting subgrade, constructing 6 -in Thick PCC boat access ramp per Plan Detail, and all other work items as required to complete the work in place. Item No. 19 Remove and Reconstruct Catch Basin Top Slab: Work under this item shall include sawcutting, removal and disposal of existing catch basin top slab; reconstructing catch basin top slab per Plan Detail and applicable portions of CNB STD -305-L, and all other work necessary to complete the work in place. Item No. 20 Remove Existing Parkway Hardscape and Backfill with Top Soil: Work under this item shall include sawcatting, removing and disposing existing hardscape (bricks, pavers, concrete, etc.) as shown on plans and as directed by the Engineer, backfilling with six inches of top soil to top of curb, and all other work necessary to complete the work in place. Item No. 21 Import Sand for Pavement Subbase: Work under this item shall include importing and placement of clean sand as subbase material where needed, grading, compaction, and all other work necessary to complete the work in place. Item No. 22 Remove, Store and Reinstall Existing Sign on New Post: Work under this item shall include removing and storing existing street sign, 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. 23 Construct Stamped and Colored Concrete Crosswalk: Work under this item shall include forming and pouring a sample section of cross walk, removing conflicting existing improvements, subgrade compaction, installing rebars, forming and pouring colored concrete crosswalk per Plan Detail, and all other work items as required to complete the work in place. SP 14 OF 20 Item No. 24 Root Prune and Install Root Barrier: Work under this item shall include root pruning, submittal of an arborist report by an ISA Certified Arborist, and installing root barriers per Section 308-1, removal and disposal of excess soil and all other work items as required to complete work in place. Item No. 25 Construct 12 -in by 12 -in Seep Drain Grate Inlet: Work under this item shall include all labor, tools, equipment, and material costs for the construction of 12 -in by 12 -in seep drain grate inlet per Plan Detail; saw -cutting, removing and disposing of the existing pavement and subgrade, compaction, and all other work items as required to complete the work in place. Item No. 26 Remove and Replace Sewer Main Terminal Cleanout Frame and Cover to Grade: Work under this item shall include removing and replacing existing sewer cleanout with new sewer main terminal cleanout to grade per CNB STD -400-L, and all other work items as required to complete the work in place. Item No. 27 Remove and Replace Electrical Pull Box to Grade: Work under this item shall include removing and replacing existing electrical pullbox with new electrical pullbox to grade per CNB STD -204-L, and all other work items as required to complete the work in place. Item No. 28 Install Striping, Pavement 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. This item shall include removing and installing all pavement legends. Item No. 29 Install Red Curb Marking: Work under this item shall include installing red curb marking and all work items as required to complete the work in place. For bidding purposes, assume 1,800 LF of red curb. In addition to the locations shown on the plans, red curb markings shall be installed as directed by the Engineer. Item No. 30 Remove Red Curb Marking: Work under this item shall include removing existing red curb marking by sand blasting, hand scraping or other methods as approved by the Engineer. For bidding purposes, assume 200 LF of red curb marking to be removed. Locations will be as directed by the Engineer in the field. Item No. 31 Subgrade Preparation: Work under this item shall include all labor, tools, equipment costs to scarify the existing subgrade 12 inches deep, remove all debris and organics, thoroughly water and recompact the subgrade, and all other work items as required to complete the work in place. 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." 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2.2.1 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. All reinforcing steel shall be epoxy coated." 201-4.1.1 General Add to this section: "The decorative crosswalk, as shown on the plans, shall be colored using a Scofield shake -on color hardener or approved equal. Prior to pouring any decorative concrete sections, a sample will be constructed by the Contractor for approval of the colors and construction quality by the City. After approval, it is the Contractor's responsibility to dispose of sample. The sample will be available to the City two weeks prior to any scheduled decorative paving pour." 9 k.... ;'i T. l 212-1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 10 -ft long, 24 -inch deep behind the back of curb. Refer to Section 308-4.3 and construction drawings for locations of root barriers. 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." SP 16 OF 20 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: htfp://newportbeachca.aov/index.asr)x?paae=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, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 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 17 OF 20 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." • • - l : • y OF - 301-1.2 Preparation of Subgrade. Replace the word "6 inches" to 12 inches" in the second and the third paragraphs. 301-1.3 Relative Compaction. Replace the word "6 inches" to 12 inches" in the second and the third paragraphs. 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." •k' ION*I Z4 Lymy 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 18 OF 20 303-5.5.1 General. Add to this section: "The Contractor shall patch back AC, 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 "V -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." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 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 an arborist report by an ISA Certified Arborist with 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. iIIIIIIIIIHOT011 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. c. A root pruning example at one selected site will be conducted and reviewed for approval by the City's Urban Forester. 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. SP 19 OF 20 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. f. For trees recommended for removal, the Contractor shall notify the Engineer who will process the tree removal request with the Municipal Operations Department. 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment 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. SP 20 OF 20 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: "314-5.6.11 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." A ae CERTIFICATE G ®F LIABILITY Y [FliSURANCE 1/29/2013 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 polley(loa) must be endorsed, 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 ondorsemeot(s). .PRODUCER Milestone Risk Management G Insurance Agency License No. OB72766 B Corporate park, Ste ISO Irvine CA 92606 cONTACTC,atherine Sari_ana PRONE (949)852-0909 FnG..NU; Isasl, esz-alai E-MAIL 9.5.1.osariana@milestonepromise.com ..... _._...._.�...,., INSURERL9,IAFFORUING COVERAGE i NAICA wsURERA�:Great American Assurance Co. 26344 _ _ INSURED J Nobest, Inc. P.O. Box 874 Westminster CA 92664 msLL€LERa;Travelers Indemnit Com any o£ a5682 timumaRcASUI Indeannitv Co. 22314 msvReRoNravelers Proverr Casuals of 25674 INSURE E:Peerless Insurance Company ___ 24198 INSURER Pt X CFAIFRAGFS CFRTIFICATENUMBER: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 ALL THE TERMS, EXCLUStONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 ft LTA 7YPEOPINSURANCE SUB R LILY NUMBER ..t0...GY EFFV, I MMfOPY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 110001000 A X COMMERCIAL GENERAL LIABILITY CLAIMSNADE 1X OCCUR X LP2101532 10/1/2012 10/1/2013 A GEA 0 RENT IS S 50,000 MED EXP (AOY one ersmL S Exclude _ PERSONAL&INOW URY $ .-1,000,000 GENERM AGGREGATE '$ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODD!CTS-COMRfOP AGO S 2,000,000 $ POLICY X PRtl LOC AUTOMOBILE LIABILITY OGMBINEO SINGLE LI II' 1 000 ,,Q00 BODILY INJURY (Per person} $ B X ANY AUTO SCHEDULED AUTOS AUTOS X ALL OWNED NX X HIREDAVTOS AAO WED X 100782P771 0/1/2012 10/1/2013 WOWY INJURY (Par sect" S RUTOS e' �OAMAOE S tkmssued mawisLm $ 1,000,000 X 1,O10Ca5 1.0mc«y, UNURELLA UAB x OTS; EACH OCCURRENCE $ 4,000,000 AGGREGATE s 4,000,000 C )[ EXCESSLIAB CLAIMS -MADE OED I X I RETENTION$ I $ X 4RA231429 0/1/2012 011/2013 O WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOMPARTNERIEXECUTIVEL.NIA OFFICER+MENDER EIC;LUDEDt ;MavMatoiy (n NH) 0782P771 0/1/2012 0/1/2013 x Vv�STATtI- DTH- E.L. EACH ACCIDENT $ 1,000,000 CL. DISEASE -EA, EMPLOYE $ 1,000,00 E.L, DISEASE -POLICY LIMIT S 1 000 000 Hyes dasufba wader OE5CRtPTWNOP ORF.RATEONS Dxbv, E Rented/Leased Equipment P8072949 10/01/201z 0/1/2013 U,, $lDD,Dap Daamfibfe $1,000 DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (Affach AWED 101, AddlUonal Remarks Schedule, If mora apace is required) Re: Balboa Blvd. and Channel Road Pavement Restoration, Contract ft 5152. The City of Newport Beach, its officers, officials, employees, and agents are included as Additional Insureds, Primary and Nan -Contributory coverage and waiver of Subrogation apply when required by contract. For endorsements CO2033, CG2037,GAC3649CG, CG2404,CAT353, 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. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Newport Beach ACCORDANCE WITH THE POLICY PROVISIONS, Frank Tran P0 Box BOX 1.766 AUTHORIZED REPRESENTATIVE Newport Beach, CA 92658-8915 Catherine Sariana/CAS 1 mzIL.G" oa&zLI.fL(S.r D 26 {2090106) 01983-2010 ACORD CORPORATION. All rights reserved. INSn26nn1naS101 Th. Af nPn nam. and in.n aro �.,d.t..fi mark. of Annan CG 20 33 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED INi'CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION It - WHO IS AN INSURED is This Insurance does not apply to: amended to include as an Additional Insured any person or organization for whom you are t. "Bodliy injury," "property damage" or "par - performing operations when you and such sonal and advertising Injury" arising out of person or organization have agreed in writing the rendering of, or the failure to render, in a contract or :agreement that such person any prof easlonal architectural, engineering or organization be added as an Additional in- or surveying services, Including: sured on your policy, Such parson or or- ganization Is an Additional Insured only with a. the preparing, approving, or failing to respect to liability for "bodily injury," 'prop- prepare or approve, maps, shop arty damage" or "personal and advertising In- drawings, opinions, reports,, surveys, jury" caused, in whole or in part, by: field orders, change orders or draw - Ings and specifications; or b• supervisory, Inspection, architectural 4.our acts or omissions; or Y or engineering activities. 2. "Bodily injury," or "property damage" oc- 2, the acts or omissions of those acting on curring after your behalf; a, all work, Including materials, parts or equipment furnished In connection in the performance of your ongoing oper- with such work, on the project (other ations for the Additional Insured. than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location A person's or organization's status as an Ad- of the covered operations has been computed; or ditlonal Insured under this endorsement ends when your operations for that Additional In- b. that portion of "your work" out of sured are completed. which the Injury or damage arises has been put to Its intended use by any person or organization other than an - 8, With respect to the Insurance afforded to other contractor or subcontractor en - these Additional insureds, the following add!- gaged in performing operations for a tions( exclusions apply: principal as a part of the same project, Copyright, ISO Properties, Inc., 2004 CG 20 33 (Ed 07tO4) XS GLP2101532 COMMERCIAL GENERAL LIABILITY CO 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Rama Of Additional Insured Persons) Or Or anization s : Location And Description Of Completed O ara- ans As regutred by written contract As required by written contract Infarmatlon to utred to complete this Schedule If not shown above, will be shown In the Declarations, Section tl — Who Is An insured is amended to Include as an additional Insured theperson(s) or oroanization(e) shown In the Schedule, but only with respect to liability for "bodily Injury" or "propaotr�ty+ damage" caused, in whole or In part, by "pourwotk' at the location designated and described In the schedule of this endorsement performed for ttat additional Insured and inoiuded in the "products - completed operations hazard". CO 20 87 0704 0ISD Properties, Inc,, 2004 page l of 1 a GAC.3646b THIS EN6ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-GONTh1BUt'ORY 'hVSURANCE" END6RSf NT This endorsemenfmodifies Insurance provided under the'f6ilowing: 'COMMERCIAL GENERAL LIABILITY COVERAGE. FORM OWNEAS. AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM i i T WtJnsuirancs Is primary to any other insurance held by third parties with respect to"work performed by you under written contractual agreements' wifh' such third parties avid any other Insurance which may be. available to such third parties shall be non-contributory. GAC 36449CG (Ed, 11106) X§ Policy Number: OLP210102 Insured Namo: Nobeat Ino, CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1�11'11 it 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 In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done carder a contract with that person or organization and Included in the °products-complated operations hazard". This waiver applies only to the person or organization shown In the Schedule above. CG 24 0410 93 Page I of I Policy No:91007821`711 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided undarthe following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi. fied bythe 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 hating Is a general cover. age dosoription onty. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered, A. BROAD FORM NAMED INSURED B, BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO 0, 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 following Is added to Paragraph A.9., Who is An Insured, of SECTION It -- LIABILITY COV= ERAGE: Any organization you newly acquire or form dury Ing the policy period over which you maintain 50°!0 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- ganizatlon or the end of the policy period, which- ever is earlier. S. BLANKETADDITIONALiNSURED The following is added to Paragraph c. In A.1., Who Is An Insured, of SECTION 11— LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that parson or organization, that is slgned and H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE —INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily Injury" or "property damage" occurs and that is In effect during the policy period, to be named as an addl- 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 qualifies as an 9nsurad" 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 It — LI- ABILITY COVERAGE: An "employee" of yours is an °Insured° collie 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- noss. CA T3630310 0201aTheTraveteratndeanty0dmpany. Page 1of4 Inoludes copyrighted material of ineurence SoJAM Woo, Inc. with its pormlaaton, COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — SU$I- NES$ AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are doomed to be cov- ered "aatae you owrr•. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto' hired or rented by your "employee" under a contract in that Individual "ampioyee'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". 0, EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION it - LIABILITY COV- ERAGE: Any "employes" of yours Is an "insured" whila us - log 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 A2.a.(2), of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bell bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds, within such country or jurisdiclton, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of $0 days or less and that Is not on "onto" you lease, hire, rent or borrow from any of your "employeae", 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 "cult" brought outside the United States of America, the territodes and possessions of the United States of America, Puerto Rloo and Canada: (t) You must arrange to defend the "In• sured" against, and Investigate orset- us any such claim or %uft" and keep us advised of all proceedings and as lions. (11) Neither you nor any other Involved "iasured" will make any settlement without our consent. (111) We may, at our discretion, participate In defending the "Insured" against, or In the settlement of, any claim or "suit". (iv) We 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 '1n- sured" pays with our consent, but only up to the limit described In Para. graph C., Limit Of Insurance, of SEC. TION 11— LIABILITY COVERAGE, 2. The following replaces Paragraph A.2.o,(4), (v) We will reimburse the "insured" for of SECTION It —LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses Incurred by the with our consent for your InvesSga- Insured" at our request, Including actual tion of such claims and your defense loss of earnings up to $600 a day be- of the "Insured" against any such cause of time off from work. "suit", but only up to and Included F. HIRED AUTO — LIMITED WORLDWIDE COV- rias Insubed In Para- within the limit Limit graph C., Ltmtt Insurance, of ERAGE—iNDEMNITYBASIS Al SECTION tl — LIABILITY COVER- The following replaces Subparagraph (6) In Para- AGE, and not addition to such limit. graph S.T., Palley Period, Coverage Territory, Our duty to maks such payments of SECTION IV — BUSINESS AUTO CONDI• ends when we have used up the ap. TIONS: plicable limit of Insurance in pay - (6) Anywhara in the world, except any country or ments for damages, settlements or jurlsd(sUon white any trade sanotion, em- defense expenses. bargo, or similar regulation Imposed by the (b) This Insurance Is excess over any valid United States of America applies to and pro- and collectible other Insurance available hibits the transaction of business with or Page of a 3010 The Travelers Indemnity Company. CA T3 63 03 10 Includae copyt ed materim of insurance servicae Orsae, tno. well iia permission. to the 'Insured" whether primary, excess contingent or on any other basis. (c) This Insurance Is not a substitute for re- quired or compulsory Insurance in any country outside the United States, Its tet - diodes and possessions, Puerto Rica and Canada. You mores to maintain all required or compulsory insurance in any such coun- try up to the minimum limps required by local law. Your failure to comply with compulsory Insurance requirements will not Invalidate the coverage afforded by this policy, but we will only be liable to the some extent we would have been liable had you complied with the compulsory in- suranco requirements, (d) it I$ understood that we bra 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 certificates of Insurance, or for compliance In any way with the laws of othar countries relating to insurance. G, 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 0 the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT The following replaces the last sentence Of Para- graph A.4.1b., Loss or use Expenses, or SEC- TION tit —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 "accident". 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- Sof ECTIONagi — PHYSICAL tiDAMAGE COon YER- AGE: We will pay up to $50 per day to a maximum of $1,600 for temporary transportation expense m- ourned by you because of the total theft of a cov- ored "auto" of the privato passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following Is added to Paragraph AA., Cover - ago Extensions, of SECTION Iii — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay tip to $400 for °lass" 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 avant of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following Is added to Porogreph B.3., Exclu. stans,.of SECTION IN — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more altbags in a covered "auto" you own that In- flate due to a cause other than a cause of "loss" set forth in Paragraphs AA,b, and A.1,c., but only: a. if that "auto" is a covered "auto" for Corrupts. honsive Coverage underthis policy; to, The airbags are not covered under any war- ranty; and c. The airbags 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 or our authorized representa- tive prompt notice of the "acoldent" or "loss" ap- plles only when the "accident" or 'lose is known to: (a) You (If you are an indivir i); (b) A partner (If you are a partnership); (a) A member (if you are a limited Ilabli ty com- pany); (d) An executive officer, director or Insurance manager (If you are a corpamifon or other or ganlzaticn); or (a) Any "employee' authorized by you to give no - flea of the "accident" or 'lose, CA 73 53 0310 of 20t0T1t0 Travelers Indemnity company. Page 3 of 4 mctudos 00pyrighted matelot or hrscranea SOMsOs 41000, W. Vat its permiealon. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.6., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 6, 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 exoouted prior to any "accident" or "loss", provided that the "accident" or "loss" 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 fallowing Is added to Paragraph 8.2., Con- ceaiment, Misrepresentation, Or Fraud, of SECTION IV .- BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any Information given by you shall not prejudice your rights under this Insurance. How- ever this provision does not affect our right to col - feet additional premium or exercise our right of cancellation or non -renewal. Page,tof,l 02010 The Travelers Indemnity Company, CA T3 63 0310 Indudea copyrighted material of insurance Sart s Office, Inc. with its permission. ONE TOWER SQuag HARTFORDI CT 06M WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: (DTJUS-0782P77-1-i 2 ) t `$EMENT — 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 Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOS$ 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 1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/29/13 Dept./Contact Received From: Shari Date Completed: 1/31/13 Sent to: Shari By: Renee Company/Person required to have certificate: Nobest, Inc. Type of contract: All Other L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Great American Assurance Co _ B. AM BEST RATING (A-: VII or greater): A; XIII ___ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? X Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,0(10 / $2,000,000 _ E. ADDITIONAL INSURED ENDORSEMENT—please attach 0 Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) NIA include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes [K No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA M Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Travelers Indemnity Company of America _ B. AM BEST RATING (A-: VII or greater) _ A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes M No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 __ E LIMITS Waiver of Auto Insurance / Proof of coverage (if Individual) (What is limits provided?) NIA _ F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A [,. Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A [ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/12 to 10/1/13 A. INSURANCE COMPANY: Travelers Property Casualty of �m B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ❑ Yes X No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,006,000 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 s HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1/31/13 Date ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® Yes ❑ No 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 & Work Como Carrier Licensing is not available on AM Best — Need Risk Management Approval — 1/31/13 Approved by Sheri Anderson. Approved: Risk Management Date ___. * Subject to the terms of the contract. sem.,.... f CITY OFyy BEACH City Council Staff Report Agenda Item No. _10_ February TO.. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644„3311, dawebb new ortbeachca, ov PREPARED BY: Frank Tran, Associate Civil Engineer 949-644-33440, ftranAnewp—ortbeachf�.e�ov APPROVED. I 15 TITLE' Balboa Boulevard and Channel Road Pavement Reconstruction — Award of Contract No. 5152 Staff has received favorable construction bids for the Balboa Boulevard and Channel Road Pavement Reconstruction project and is requesting City Council's approval to award the contract to NOBEST, Inc. 1. Approve the project drawings and specifications. 2. Award Contract No. 5152 to NOBEST, Inc., (NOBEST) for the total bid price of $1,175,000.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $176,000.00 (15%) to cover the cost of unforeseen work and anticipated additional concrete work not included in the original contract. The current adopted budget includes sufficient funding for this contract. The following funds will be expensed: Account Descriotion Proposition 1B (SLPP) Measure M (Fair Share) Account Number 7185-02002058 7281-02002058 Amount • tt i 0 � er • a !16 i1001 1 of 4 Balboa Boulevard and Channel Road Pavement reconstruction —Award of Contract No. 5152 February 12, 2013 Page 2 The Proposition 113 State -Local Partnership Program (SLPP) requires a minimum one- to-one match from the local agency's Leasure L Pair Share funds. Proposed uses are as follows: Vendor NOBEST, Inc. NOBEST, Inc, GMU Geotechnical, Inc.. Various Purpose Construction Contract Construction Contingency Geotechnical Services Printing and Incidentals Total: At 10:00 AM on January 17, 2013, the City Clerk opened and read the following bids for this project: BIDDER TOTAL. BID AMOUNT Low NOBEST, Inc, $1,175,000.00 2 Hillcrest Contracting, Inc. $1,264,608.05 3 PIMA Corporation $1,272,350,00 4 Grigolla & Sons Const. Co. Inc. $1,292,520.00 5 PALP, Inc., DBA Excel Paving Co, $1,364,347.00 6 All American Asphalt $1,414,414,00 The total low bid amount is 26.6% below the Engineer's Estimate of $1,600,000. The disparity between the estimate and the actual bid prices reflects a continued favorable construction market (including lower concrete prices), and possibly some level of discount as the low bidder in already currently mobilized and working on the Central Balboa and Newport Heights Alley and Street Replacement project for the City. 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, including the recently completed the work on the Ocean Front Alley Replacement project for the City. 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 $176,000.00. These added funds will provide an opportunity for the City to take advantage of the low unit prices to perform additional concrete work within the project limits. 2 of Balboa Boulevard and Channel Road Pavement Reconstruction —Award of Contract No. 5152 February 12, 2013 Page 3 The work necessary for the completion of this contract consists of removing the existing concrete street, constructing new concrete street pavement, adjusting utilities to grade and performing other appurtenant and incidental items of work as required. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQN') 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. lreyimm 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. Public Works Director Attachment: A. Project Location Map 3 of 4